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Legal Arrangements for Use and Control of Real-Time Data (2011) / Chapter Skim
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IV. WHETHER A TRANSIT AGENCY HAS PROPRIETARY RIGHTS IN REAL-TIME DATA
Pages 19-20

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From page 19...
... In sum, an unauthorized user selling an agency collects data at its own expense, data that is agency's real-time data would be able "to produce a di- time sensitive, unauthorized persons taking and using rectly competitive product for less money because it has an agency's data would be free-riding and competing lower costs." 234 unfairly with and at lower costs than the agency. What On the other hand, even if a transit agency were able could be determinative is whether a transit agency's to show that an unauthorized user is free-riding, the decision to continue collecting real-time data is subtransit agency's misappropriation claim still could be stantially threatened by the free-rider's actions, as well preempted.
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From page 20...
... , whereby the Tour's proprietary RTSS without compensating the PGA Tour made the scores immediately available only PGA Tour for data that Morris wanted to acquire and to the Tour's "credentialed media invitees."246 The PGA sell to others, a "classic example of `free-riding....'"257 Tour's amended OLSR provided, for example, that "`no According to one source, government agencies are scoring information may be used by, sold, given, dis- protecting their noncopyrightable data by "using copytributed or otherwise transferred to, any party other right-like controls to limit access to and use of public than the Credentialed Site in any manner whatsoever, databases and other information developed under fedwithout the prior written consent of the PGA Tour.'"247 eral programs or using federal funds," such as by licensThe PGA Tour would not grant media credentials to ing agreements, royalties for the use of data, restricMorris unless the latter agreed to use scores obtained tions on the re-disclosure of information, limitations on from the on-site media center only in publications who may be qualified recipients, and denial of access to within the Morris Communications Group.248 digital versions of publicly available information."258 The federal district court and the Eleventh Circuit Another way to exercise control is through pricing.259 both agreed that the case did not involve the copyright A transit agency may use its Web site to make reallaws, because golf scores are noncopyrightable facts.249 time data available but include a terms-of-use agreeBoth courts also agreed with the PGA Tour that it had ment that a user must accept so as to restrict the fur"a property right in RTSS and that its regula- ther use, copying, or dissemination of the data. In tions...constitute[d]
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Key Terms

  • transit agency
  • contract claim
  • district court
  • national basketball
  • court held

  • primary market
  • copyright act
  • morris communications
  • golf scores
  • competing unfairly

  • noncopyrightable data
  • unauthorized persons
  • own expense
  • own resources
  • public domain

  • eleventh circuit
  • unauthorized user
  • own web
  • pga cause
  • transit services

  • pga ultimately
  • actual occurrence
  • service regulations
  • demanding access
  • state law

  • persons using
  • ued supply
  • using rectly
  • grant media
  • dant morris


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