Law note · United States (federal only)
National Basketball Association v. Motorola, Inc.
cite 105 F.3d 841 (2d Cir. 1997)
stage IN FORCE
The Second Circuit articulated a five-element test for a hot-news misappropriation claim to survive Copyright Act § 301 preemption: (1) plaintiff generates time-sensitive information at cost; (2) the information is highly time-sensitive; (3) defendant free-rides on plaintiff's efforts; (4) defendant offers a direct substitute; and (5) free-riding threatens plaintiff's continued incentive to produce.
Motorola's real-time sports pager service passed none of the elements and was found not to misappropriate NBA game scores.
Primary source: Justia federal appellate courts
verified citation 105 F.3d 841