"Hot news" doctrine may be making a comeback

In a post titled Careful, That News May Be Hot! Digital Era Heightens Interest in "Hot News" Protection, Goodwin Procter's David Young notes that
Recent court decisions and Federal Trade Commission ("FTC") proceedings demonstrate a reawakened interest in legal protection of "hot news" – not subject to copyright protection – where an online aggregator, blogger or other secondary content disseminator makes some use of news stories or other content produced by a news organization or other content provider.
This possibility is of interest to sports lawyers - not just those in journalism - because the doctrine was the one that the NBA tried to use to prevent Motorola from distributing real-time game stats.