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AP's 'Hot News' Claims Not Preempted: Judge

Law360 (February 19, 2009, 12:00 AM EST) -- In a case touted as the first to apply the “hot news” doctrine to Internet content, the Associated Press can sue All Headlines News Corp. for allegedly “free riding” on the AP's “hot” breaking news and thwarting competition, a federal judge has ruled.

On Tuesday in the U.S. District Court for the Southern District of New York, Judge Kevin Castel ruled that the federal Copyright Act doesn't preempt the AP's claim of “hot news” misappropriation, rejecting the defendant's argument in its motion to dismiss that claim....
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