plaintiff generates or gathers information at a cost; (ii) the information is time-sensitive; (iii) a defendant's use of the information constitutes free riding on the plaintiff's efforts; (iv) the defendant is in direct competition with a product or service offered by the plaintiffs; and (v) the ability of other parties to free-ride on the efforts of the plaintiff or others would so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened." But after the passage of the 1976 Copyright Act, the hot news doctrine began to suffer reverses. The Second Circuit held that the "hot news" tort was largely preempted by the 1976 Act in the NBA case. Other copying cases Prior to 1972, federal copyright law did not extend to sound recordings. During this period, several states acted against "record piracy" (the copying of phonograph records or tape recordings) under the INS doctrine. In Goldstein v. California, the Supreme Court held that the California penal statute against the unlicensed copying of records was not preempted by federal copyright law since Congress had not regulated the subject matter. In John Roberts Mfg. Co. v. University of Notre Dame du Lac, an unlicensed manufacturer distributed class rings in competition with the "official" product sponsored by the university. That in making his rings the copyist used the Notre Dame name, seal, and monogram without the university's consent, a misappropriation of property rights that the Seventh Circuit equated (without citing INS) to the theft of cash from the university's safe deposit box. In Flint v. Oleet Jewelry Mfg. Co., the defendant copied the plaintiff's unpatented, uncopyrighted "Mustard Seed Remembrancer" locket, containing a mustard seed to remind users of the power of "so much faith as a grain of mustard" to move mountains (Matt. 17:20). The court found misappropriation under the INS doctrine, holding that secondary meaning was no longer an essential element of unfair competition law in New York. In Metropolitan Opera Ass'n v. Wagner-Nichols Recorder Corp., the trial court described New York misappropriation law as standing for the "broader principle that property rights of commercial value are to be and will be protected from any form of commercial immorality"; that misappropriation law developed "to deal with business malpractices offensive to the ethics of [] society"; and that the doctrine is "broad and flexible." In that case, the defendant engaged in a "business malpractice