necessary for determining that a misappropriation of it by a competitor is unfair competition because contrary to good conscience. Holmes dissent Justice Holmes began by challenging the Court's concept of property or "quasi-property" as the majority opinion terms it: Property, a creation of law, does not arise from value, although exchangeable—a matter of fact. Many exchangeable values may be destroyed intentionally without compensation. Property depends upon exclusion by law from interference, and a person is not excluded from using any combination of words merely because some one has used it before, even if it took labor and genius to make it. If a given person is to be prohibited from making the use of words that his neighbors are free to make some other ground must be found. Holmes then turned to the law of unfair competition, which the majority claimed was the basis of the ruling. He said the law of unfair competition requires a misrepresentation. If the misrepresentation here is that some people may think AP copied the news from INS, the proper remedy would be only to prohibit INS (for a limited time) from copying from AP unless it provides a notice that it copied from AP. Brandeis dissent Justice Brandeis objected, first, to the creation of a new property right (even if called "quasi-property"): "The knowledge for which protection is sought in the case at bar is not of a kind upon which the law has heretofore conferred the attributes of property; nor is the manner of its acquisition or use nor the purpose to which it is applied, such as has heretofore been recognized as entitling a plaintiff to relief." Next, he denied that "reaping where another sowed" is an actionable tort: To appropriate and use for profit, knowledge and ideas produced by other men, without making compensation or even acknowledgment, may be inconsistent with a finer sense of propriety; but, with the exceptions indicated above [i.e., misrepresentation, physical or moral coercion, or by inducing breaches of contract], the law has heretofore sanctioned the practice. Thus it was held that one may ordinarily make and sell anything in any form, may copy with exactness that which another has produced, or may otherwise use his ideas without his consent and without the payment of compensation, and yet not inflict a legal injury; and that ordinarily one is at perfect liberty to find out, if he can