Arbitron Sues over Unauthorized Data Use

In the US, radio ratings giant Arbitron is suing media rep firm McGavren Guild and radio station owner Longport Media, claiming an undercover operation proved that they used its data illegally.

Neither Longport Media nor any of its radio stations are Arbitron subscribers, but while McGavren Guild is an Arbitron licensee, it is only entitled to use Aribtron's reports to provide advertisers with information on behalf of Arbitron licensees.

Arbitron says the breach was discovered in an undercover operation in which a 'consultant' called Kevin Piotter posed as an advertiser interested in purchasing ad air time on one of Longport Media's radio stations. Piotter was then provided with material containing its copyrighted audience estimates for the Longport Media radio stations.

In a lawsuit filed in the New Jersey District Court, Arbitron has accused both firms of copyright infringement, as well as unauthorized reproduction and distribution of its copyrighted estimates.

The ratings firm is seeking damages of not less than $150k against Longport Media, along with attorney's fees and costs. In addition, the company is seeking the same damages package from McGavren Guild, as well as 'relief' for breach of contract in an amount not less than $150k - with the exact amount to be determined at trial.

While McGavren Guild has yet to file a response, Longport Media has asked the judge to dismiss the suit, and is asking that Arbitron pays it compensation, attorney's fees and costs.

Web site: www.arbitron.com .