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Friday, March 19, 2010


Marc J. Randazza

I am uncomfortable with granting IP rights over facts as well. However, I see the point in the "hot news" doctrine -- that perhaps there should be some kind of protection granted for a *very limited* time so as to incentivize the gathering of hot news in the first place.

Of course, I see the potential slippery slope -- especially with that asshole Scalia on the court, with his "infinity minus one second equals a 'limited time'."


This sounds to me more like a professional advice-giver trying to protect his work product. How would you, as an attorney, feel if one of your clients started passing along your advice to lots of other people (assuming it was somehow applicable to all those people, as financial advice often is)?

I don't see how you can say this is wrong without rejecting all copyright.

Bill Bennett

I was always told raw facts are the one thing that can't be copyrighted, but the expression of those facts is protected.

So what's happening here?


Actually, you don't need to add any opinion. It's a first mover copyright for facts - something which can't typically be protected.


So if I am on the scene of a newsworthy item and tweet on it from my cell phone with my opinions added I get "ownership"? And so can stop the newspapers reporting similar views? Hmm. I can't see that going down to well...

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