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Edition: U.S. Article Comments (2) Save Email Print Reprints Most Popular Most Shared Music business badly needs Eminem's "Recovery" 21 Jun 2010 Times Square bomb suspect indicted in New York | Video 18 Jun 2010 BP: 23,290 barrels of leaking oil captured Sunday 21 Jun 2010 China state-owned banks buying dollars heavily: traders 21 Jun 2010 World stocks end 10 days of gains 8:27am EDT Nebraska town latest to fight illegal immigrants 1:07am EDT Yuan jumps to post-revaluation high 21 Jun 2010 Obama to warn health insurers against rate jumps 9:57am EDT Miley Cyrus "no underwear" photo is fake, blogger says 15 Jun 2010 White House summons McChrystal 10:20am EDT Japanese couples say "I do" -- in divorce ceremonies 21 Jun 2010 Music business badly needs Eminem's "Recovery" 21 Jun 2010 White House summons McChrystal 10:20am EDT Nebraska town latest to fight illegal immigrants 1:07am EDT U.S. indirectly funding Afghan warlords: House report 8:01am EDT B vitamins linked to depression risk in older adults 18 Jun 2010 Researchers see chimps waging "war" 21 Jun 2010 Obama to warn health insurers against rate jumps 9:57am EDT EU sees solar power imported from Sahara in 5 years 20 Jun 2010 China says "concerned" about South Korea-U.S. drill 7:53am EDT Google, Twitter go to bat for Theflyonthewall Tue Jun 22, 2010 1:15am EDT (Reuters) - Google Inc and Twitter Inc have asked an appeals court to overturn a lower court's decision to bar Theflyonthewall.com from issuing immediate news on analyst research from several Wall Street banks, court documents showed. Technology | Media Theflyonthewall.com posted headlines from research reports and press releases on its website, often before banks could share their recommendations with their clients. In March, U.S. District Judge Denise Cote said Theflyonthewall.com engaged in "systematic misappropriation," essentially getting a "free ride" from its quick publication of upgrades and downgrades that can move stocks higher and lower. The ruling was made in favor of Bank of America Corp's Merrill Lynch unit, Barclays Plc and Morgan Stanley, which had earlier sought court intervention to ban Theflyonthewall from using their research reports. However, in a filing with an appeals court late on Monday, Google and Twitter argued that in the age of Internet and instantaneous communication, banning of Theflyonthewall.com's immediate news dissemination was "obsolete." "News reporting always has been a complex ecosystem, where what is 'news' is often driven by certain influential news organizations, with others republishing or broadcasting those facts -- all to the benefit of the public," the companies said in the filing. Google and Twitter argued that upholding the district court's decision would give those who obtained the news first strong incentives to block others from obtaining the same information. The companies also said it was tough to implement "any period of exclusivity" for news. It would be impossible to craft and enforce a rule restricting the dissemination of readily accessible factual information, the companies said. They requested the court to recognize that "hot news" misappropriation could no longer be practically or fairly applied. "How, for example, would a court pick a time period during which facts about the recent Times Square bombing attempt would be non-reportable by others?" the companies said in the filing. The case is IN re: Barclays Capital et al v Theflyonthewall.com, Case No. 10-1372, U.S. Court of Appeals for the Second Circuit. (Reporting by Sakthi Prasad in Bangalore; Editing by Valerie Lee) Technology Media Comments See All Comments (2) | Post Comment Jun 22, 2010 9:17am EDT Julius Reuter disruptively innovated market information communication in 1851 when transmission of stock prices were wired and replaced carrier pigeons. How Reuter intercepted and brought the assassination of President Lincoln to the European market headlines long before any other agency and came to quote Reuter has become an anecdote. Factual, fast and accurate news must not be ignored or withheld from the broader markets. Is that not what makes markets efficient? Exclusivity contradicts market efficiency, but does break down mature revenue and business models for research institutions. So what Theflyonthewall.com is doing, if relayed accurately!, is principally no different from what Reuter did with the wire in 1851: To innovate market communications and make information instantaneous. The challenge is on for the research institutions to innovate their communication channels and business models. KrisPed Report As Abusive Jun 22, 2010 10:55am EDT One hundred percent agreement w/ KrisPed. Further, I would add that this levels the playing field a little, which as been tipping steadily in favor of the big players in the market with their models, supercomputers, the ability to buy/sell in a nanosecond, and their not infrequent inside information. 5tudentT Report As Abusive See All Comments (2) Add a Comment *We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language or appear to be spam and review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Reader Feedback Analyst Research Mobile Newsletters RSS Podcasts Widgets Your View Labs Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts Venture Capital Journal International Financing Review Project Finance International PEhub.com PE Week FindLaw Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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