TABLE 1


Comparison of Traditional Misappropriation with H.R. 2652
NBA v. Motorola H.R. 2652
1.  ╠Plaintiff generates or gathers information at a costPlaintiff gathers or maintains a collection of information through the investment of substantial monetary or other resources
2.  ╠The information is time-sensitive
3.  ╠Defendant's use of the information constitutes free-riding on plaintiff's effortsDefendant extracts or uses in commerce all or a substantial part of the collection of information
4.  ╠Defendant is in direct competition with a product or service offered by plaintiff
5.  ╠The 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 threatenedDefendant'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