Theflyonthewall Vs Barclays

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The case in question is Barclays Capital Inc. v. Theflyonthewall.com. Inc. To summarize,
Theflyonthewall.com was under fire from Barclays Capital for collecting financial recommendations from financial institutions and publishing them online before the instructions themselves made the information public. The law stated that facts and non-original expression was not protected by copyright law. Because these were just suggestions, not creative expression, they were not eligible.
However, it was possible to fall under the New York state tort of misappropriation (McJohn). However, this imposes liability for the copying of valuable information for those who invest in valuable information, and since the financial institutions were not direct competitors

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