National Basketball Ass'n & Nba Properties v. Motorola,

105 F.3d 841 (2nd Cir. 1997)

Facts

Motorola had a service for its pagers that allowed parties to get the scores of NBA games sent to them while the games were in progress. There was a lag of 2-3 minutes between the events of the games and when the information appeared on the pager screen. A permanent injunction was issued against Motorola under a claim of hot news appropriation under International News Service v. Associated Press 248 U.S. 215 (1918). Motorola appealed.