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Communicative activity of other kinds will generally be much less likely to falsely injure reputation. Thus, it may be unwise to expose all such activity to the specter of litigation. But that is not because the law limits its principled moral concern for the negligent infliction of reputational injury to statements of and concerning injured plaintiffs. After all, in cases involving noncommunicative activity that negligently injures reputation, the law is much less wary of affording redress, which it generally affords under the auspices of the negligence tort rather than defamation.251 So, for example, courts have allowed physicians to recover in negligence for reputational injury foreseeably inflicted by the negligent servicing or design of medical products.252
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From the beginning, a small team at the startup had been hoovering up data to help landowners price and evaluate farmland—everything from sale and lease history and water infrastructure data to LiDAR topography, satellite imagery, and even the depth of water wells in Texas. Over time, the internal mapping and analytics stack “became bigger than Trader could, very quickly,” Malloy says, as land information is not only difficult and timely to obtain, but often requires data engineers to parse through.