Newspapers To Court: We Don't Care About TheFlyOnTheWall, But Please Don't Take Away Our Hot News
from the they-will-regret-this dept
Yesterday we wrote about Google and Twitter’s amicus brief in the infamous FlyOnTheWall hot news case, and the folks over at the Associated Press were kind enough to send over a link to the amicus brief from a huge coalition of newspapers. Basically, every big US newspaper or newspaper organization signed on to this one, including the Associated Press, AFP, the NY Times, the Washington Post, Gannett, McClatchy, Belo, Scripps, Time, and the Newspaper Association of America (just to catch everyone else). Considering that the AP has been leading the charge to bring back hot news, you can probably guess where this one is going:
I’m still sort of amazed that any serious news organization supports the hot news doctrine, because it’s almost guaranteed to come back and bite them if it is regularly used again. All of the newspapers above rely on rewriting news from other publications to some extent, whether they admit it or not. If they really support this, they’re going to run into trouble themselves, even if they’re apparently unwilling to admit it. It’s incredibly short-sighted.
Also weird is the claim that these newspapers “rely” on hot news today. They don’t. Sure, the hot news doctrine has technically been around for about a century, but it’s barely been used at all in the last few decades. It was, for all intents and purposes, a dead doctrine that many considered not worth keeping around (pdf). To claim that these organizations have relied on the hot news doctrine is ridiculous, because it’s barely been showing up in court until recently.
Either way, it looks like lots of parties who are concerned about “hot news” have realized that TheFlyOnTheWall case has become ground zero for whether or not “hot news” is actually allowed.