An early case was instrumental in enforcing broadcast exclusivity. During the mid 1930s, radio station KDKA had the exclusive rights to broadcast home and away games of the Pittsburgh Pirates. However, KQV, a rival station decided it could skirt that exclusivity by broadcasting "descriptions" of the game based on information from paid observers whom it stationed at vantage points outside Forbes Field.

The issue was whether KDKA's right to broadcast was a legitimate proprietary right or whether it prevented others from covering a legitimate news event. A federal district court in  Pittsburgh Athletic Company v. KQV concluded that KDKA's rights were violated as unfair competition and rejected KQV's claim of a bona fide news event. The court stated: " The defendant's unauthorized broadcasts of information concerning games played by the Pittsburgh team constitute unfair competition. . .  The defendant wrongfully deprived [KDKA and the Pirates] the just benefits of their labors and expenditures in respect of the baseball games and the public dissemination of news . . . and constitutes a fraud on the public."