These factors are listed below, and compared with the conditions for misappropriation under H.R. 2652. This comparison shows that H.R. 2652 is far broader than the traditional misappropriation doctrine. Plaintiff generates or gathers information at a cost. The information is time-sensitive. Defendant's use of the information constitutes free-riding on plaintiff's efforts.
Defendant is in direct competition with a product or service offered by plaintiff.
The ability of other parties to free-ride on the efforts of the plaintiff world so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened. Plaintiff gathers, organizes or maintains a collection of information through the investment of substantial monetary or other resources. Defendant extracts or uses in commerce all or a substantial part of the collection of information. Defendant's use or extraction harms plaintiff's actual or potential market for a product or service that incorporates the collection of information and is offered in commerce. Significantly, traditional misappropriation is limited to time sensitive information, while H.R. 2652 applies to all information.