Fair Use Win May Be Cold Comfort To Bloomberg

Law360, New York (February 12, 2014, 2:33 PM EST) -- About 10 years ago, I saw an attorney argue a hopeless criminal appeal. He began his remarks with: “Your honors, I know I’m going to lose this case, but how I lose it is very important.”

Bloomberg LP may feel the same way about its recent win in the Second Circuit. The court ruled that Bloomberg’s unauthorized distribution of the recording of a Swatch Group Ltd. investor conference call was fair use. However, the Second Circuit refused on technical grounds to review a district court opinion that could have far broader implications for copyright law and the news industry. That unreviewed...

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