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International News Service v. Associated Press
''International News Service v. Associated Press'', 248 U.S. 215 (1918), also known as ''INS v. AP'' or simply the ''INS'' case, is a 1918 decision of the United States Supreme Court that enunciated the misappropriation doctrine of federal intellectual property common law—that a "quasi-property right" may be created against others by one's investment of effort and money in an intangible thing, such as information or a design. The doctrine is highly controversial and criticized by many legal scholars, but it has its supporters.〔See the Columbia Symposium, (''Product Simulation: A Right or a Wrong'' ), 64 1178 (1964), for a group of articles on ''INS'' and related case law. See also Dennis Karjala, ''Misappropriation As A Third Intellectual Property Paradigm'', 94 . 2594 (1994) (arguing for application of ‘'INS’' misappropriation doctrine to data retrieval systems); Leo J. Raskind, ''The Misappropriation Doctrine As A Competitive Norm of Intellectual Property Law'', 75 875 (1991) (criticizing misappropriation doctrine); Richard H. Stern & Joel E. Hoffman, ''Public Injury and the Public Interest: Secondary Meaning in the Law of Unfair Competition'', 110 935, 966-971 (1962) (arguing that misappropriation doctrine is anticompetitive and too vague to serve any predictive function).〕
The ''INS'' decision recognized the doctrine of U.S. copyright law that there is no copyright in facts, which the Supreme Court later greatly elaborated in the ''Feist'' case in 1991, but nonetheless ''INS'' extended the prior law of unfair competition to cover an additional type of interference with business expectations: "misappropriation" of the product of "sweat of the brow." The case was decided during a period when a body of federal common law existed for business practices and torts, which the Supreme Court had power to declare or create, but two decades later the Supreme Court abolished that body of substantive law and held that state law must govern the field henceforth. Accordingly, the ''INS'' case no longer has precedential force, although state courts are free to follow its reasoning if they so choose.
== Background ==
Two competing United States news services (INS and AP) were in the business of reporting in the US on World War I. Their businesses hinged on getting fast and accurate reports published. Following reporting that the Allied Powers (England and France) perceived to be unduly favorable to the Central Powers (Germany and Austria) by William Randolph Hearst's INS, the Allies barred INS from using Allied telegraph lines to report news;〔Justice Brandeis observed in his dissenting opinion, "For aught that appears, this prohibition may have been wholly undeserved." ''International News Service v. Associated Press'', 248 U.S. 215, 263 (1918).〕 that effectively shut down INS's war reporting.〔''(News Pirating Case in Supreme Court )'', , May 3, 1918.〕
To continue publishing news about the war, INS gained access to AP news through by examination of AP news bulletin boards and early editions of newspapers affiliated with AP. INS members would rewrite the news and publish it as their own, without attribution to AP. Although INS newspapers had to wait for AP to post news before going to press, INS newspapers in the west had no such disadvantage relative to their AP counterparts. The AP brought an action seeking to enjoin INS from copying AP-gathered news.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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