- The claimant generates or collects information at cost or expense
- The value of said information is highly time-sensitive
- The defendant's use of the information free-rides off the claimant's efforts in collecting it
- The defendant's use of the information is in direct competition with the claimant's use of it
- The ability of other parties to free-ride off the claimant's efforts would reduce the incentive to produce it or the quality of the information would be threatened.
"[T]he current challenges faced by the news industry are business problems, not legal problems, and can only be addressed effectively with business solutions"
"Being a great newspaper isn't enough in the Internet era. You have to know what business you're in. We thought we were in the newspaper business. . . If newspapers would spend more time trying to understand their customers instead of focused on their own internal issues...they're more likely to be successful. That's a hard switch for traditional manufacturing operations like newspapers to make"