Second Circuit Stays Hot News Injunction–Barclays v. theflyonthewall

21 05 2010

[ed: although this case is about financial services, it has implications for all “hot news” and info/site aggregation cases]

By Eric Goldman

Barclays Capital Inc. v., Inc., 10-1372-cv (2d Cir. May 19, 2010)

This case is my choice for the most interesting Cyberlaw development of 2010 (so far). Unfortunately, I ran out of time to blog it when the district court opinion came out in March; the opinion was 89 pages, and I must confess that I let my quest for a perfect blog post become the enemy of a good blog post. Some commentary on the district court ruling: Wendy Davis, Sam Bayard (with a detailed First Amendment analysis), Jeff Neuburger. Fortunately, yesterday we got an important new development in the case, which gives me an excuse to recap the case and talk about its implications.


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