Warning
Info
- - tl;dr
- - ICRA
- - Facts & Holding
- - DeepDive
1 0
Supreme Court of the United States - 248 U.S. 215
DeepDiveHighlight a legal term to see the definition
The case involves a dispute between International News Service and Associated Press over whether the defendant engaged in unfair competition by bribing employees of newspapers to provide Associated Press news before publication, inducing members to violate by-laws, and copying news from bulletin boards and early editions of complainant's newspapers. The District Court granted a preliminary injunction under the first two heads but erred in refusing to restrain the defendant's practice of taking news from bulletin boards. The Circuit Court of Appeals sustained the injunction order to a certain extent but modified it upon appeal. The Supreme Court is reviewing the case to determine whether the defendant can be restrained from appropriating news taken from bulletins issued by the complainant or any of its members, and whether such conduct constitutes unfair competition in trade. The court acknowledges that news articles can have literary value and may be protected by literary property rights under common law and copyright protection under the current copyright act. The court believes that the case between the parties revolves around the issue of unfair competition in business rather than the general question of property in news matter. The court recognizes that news matter is quasi property between the parties, irrespective of their rights as against the public. The determination of what constitutes unfair competition in business depends on the nature and circumstances of the business.
The court ruled that news is not considered property and can be used by others without compensation or acknowledgment, except in cases of breach of contract, trust, or unfair competition. The protection of news as property is a new and important question, and relief is only granted based on the manner in which knowledge of the news report was acquired. The International News Service's use of news obtained from publicly available sources of the Associated Press is not objectionable, and there is no basis for a claim for relief against the defendant's purpose. The lawsuit is essentially brought for the benefit of the Associated Press members, who are represented by the plaintiff.
LSD+ Case Briefs
Features
- DeepDive for detailed case analysis
- Over 50,000 existing case briefs
- Instant briefs for another 6,000,000 cases
- Highlight dictionary for legal term definitions
- Social learning with chat and high points
Over 50,000 Cases Briefed
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
14-Day Free Trial
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Integrated Legal Dictionary
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Brief anything. Instantly.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Social Learning with Chat and High Points
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Real-Time Brief Feedback
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.