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#Post#: 9--------------------------------------------------
International News Society v. Associated Press
By: kangaroo Date: January 26, 2011, 6:06 pm
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FACTS: The International News Society (INS) and the Associated
Press (AP) are competitors in the gathering and distribution of
news across the United States. AP alleged that INS gained
access to the APs unpublished news through bribery, news
bulletin boards and early editions. After obtaining AP’s news
stories, INS rewrote the stories and sold them as their own.
Thread 1: Property
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PROPERTY
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really going to work in the real world…how are we going to keep
the public from fresh news?/the property restriction would be a
real burden on society) NOT PROPERTY UNDER THE COMMON LAW
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laws to include fresh news as property
Thread 2: Unfair competition
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believe the INS has engaged in unfair competition/INS interfered
with the completion of the business cycle w/ AP so AP did not
get the normal return on its investment)
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the business world and bona-fide competition (competition is
good for society)
PROCEDURAL FACTS: The District Court granted a preliminary
injunction on the count of bribery and inducement of AP
employees to violate company by-laws in order for INS to obtain
news before publication. The court refused to refused to place
an injunction under the use of AP bulletin boards and early
editions of news stating that the allowance of an injunction
should wait the outcome of an appeal.
The Court of appeals modified and sustained (leaves in tact)
the injunction.
The Supreme Court of the United States affirmed the decree of
the Court of Appeals
ISSUE: Is one company entitled to use versions of a competing
company’s product to sell to their own customers, or do these
actions equate to unfair business competition?
Does a business have any property right in fresh news?
RULE: If a company has a quasi-property interest in what it
produces, it has the right to prevent a competitor from taking
it.
ANALYSIS:
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business and violated AP’s property rights by using news that
was not originally its own for sale and profit.
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did not keep the news confidential and it was uncopyrighted.
Once the news was printed or placed on the bulletin board,
because it was uncopyrighted, that right to property was
forfeited.
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the news that it produced, it had the right to prevent INS from
taking it and using it for its own benefit
CONSLUSION: The actions of INS can be considered to be in
violation with AP’s quasi-property rights and therefore, the
injunction is affirmed.
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