TABLE 1


Comparison of Traditional Misappropriation with H.R. 2652

NBA v. Motorola	H.R. 2652
1.  ÌPlaintiff generates or gathers information at a cost	Plaintiff gathers or maintains a collection of information through the investment of substantial monetary or other resources
2.  ÌThe information is time-sensitive	—
3.  ÌDefendant's use of the information constitutes free-riding on plaintiff's efforts	Defendant extracts or uses in commerce all or a substantial part of the collection of information
4.  ÌDefendant is in direct competition with a product or service offered by plaintiff	—
5.  ÌThe ability of other parties to free-ride on the efforts of the plaintiff would so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened	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