Motorola manufactured and marketed the SportsTrax paging device which uses game information supplied by Sports Team Analysis and Tracking Systems ("STATS").
[2] The second circuit court of appeals addressed whether the 1976 copyright act preempted the state-law misappropriation claim.
The district court's injunction was based on its conclusions that the defendants had unlawfully misappropriated the NBA's property rights in its games, under New York law.
However, the Second Circuit found that "the district court concluded that the NBA's misappropriation claim was not preempted because... the subject matter requirement was not met"(39).
[3] In order to deal with this, the Supreme court "crafted a new variant of the common law tort of misappropriation" called the "hot news" doctrine.
New York sought to apply ethical standards to the INS case and created its own body of misappropriation law.