The narrowest implication of "INS" was that there was now a "hot news" doctrine that protected first comers in their creation of an ephemeral, time-sensitive information asset at appreciable expense against "free riders." Thus, in "National Basketball Association v. Motorola, Inc. (NBA)", the Second Circuit held that under New York State law, a "hot-news" "INS"-like claim exists in "cases where: (i) a 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."