Protect your data with the hot news doctrine
01 May 2010
A recent court ruling suggests that IP owners may be able to protect their data with the so-called hot news doctrine. Steven Pokotilow, Ian DiBernardo and Richard Eskew explain the implications
On March 18 2010, a district court's decision in Barclays Capital Inc et al v theflyonthewall.com (the Fly case) applied the 92-year old so-called hot news theory of misappropriation to prevent the aggregation and redistribution of investment firms' equity research recommendations. The Fly case illustrates how the hot news doctrine can be used when traditional IP protection may be insufficient to thwart the aggregation of information on websites in direct competition with the content provider....
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