Actually I don't think this issue is clear legally. In NBA v. Motorola it was taken into account that Stats Inc gathered the statistics themselves which is not the case here. Plus at least in some jurisdictions there is the "hot news" doctrine that protects breaking news even though it is a fact. So the disclaimers are not empty nothingness, it is still a legal grey area.

e.g.

http://bits.blogs.nytimes.com/2008/06/16/the-ap-hot-news-and...