|
''National Basketball Association v. Motorola'', 105 F.3d 841 (2d Cir. 1997) is a United States Court of Appeals for the Second Circuit case in which the National Basketball Association (NBA) purported that Motorola and STATS infringed the NBA's copyright on the broadcast of games and misappropriated the data presented on the SportsTrax pager. ==Background== Motorola manufactured and marketed the SportsTrax paging device which uses game information supplied by Sports Team Analysis and Tracking Systems ("STATS"). It offers four modes of operation: "current," "statistics," "final scores," and "demonstration." STATS compiled its scores and statistics by employing people to listen or watch the games, then enter the scores on the computer which transmits the scores to STATS' on-line service, to be sent out to anyone using a SportsTrax pager.〔("Sports Service Battles N.B.A In Round Two - NYTimes.com" ). The New York Times. 21 October 1996. Retrieved on 2010-9-28.〕 In 1996, the National Basketball Association won in a federal Manhattan court the exclusive rights to transmit scores.〔("Technical Foul: The NBA double Dribbles on intellectual property" ), Wired, Jan 1997. Retrieved on 2010-9-27.〕 The NBA claimed that Motorola infringed on the NBA through information misappropriation of the basketball (and baseball) games by arguing that the factual data about the game represents the overall value of the game.〔 The second circuit court of appeals addressed whether the 1976 copyright act preempted the state-law misappropriation claim.〔("Whats the law around aggregating news online?" ). Retrieved on 2010-9-28〕 The NBA asserted 6 claims: # unfair competition by misappropriation, # false advertising under Section 43(a) of the Lanham Act, (a), # false representation of origin under section 43(a) of the Lanham Act, # state and common law unfair competition by false advertising and false designation of origin, # federal copyright infringement and # unlawful interception of communications under the Communications Act of 1934, . 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「National Basketball Ass'n v. Motorola, Inc.」の詳細全文を読む スポンサード リンク
|