פרופ' פרידמן מסביר:
American case law provides ample support for-anglo" extension of restitutioary rights also to interests that Property', including-interests in ideas, information, trade secrets, and have gained recognition as 'quasi The opportunity. In a sense these interests are not property at- all, since they lack the element of exclusiveness ,however, protected against certain types of interference. Right to exclude all others from enjoying them. They are Property may be regarded as any interest that- is protected against some kinds of invasion but does not indeed, quasi Give rise to an exclusive right of enjoyment, under this Property- that rarely regarded as such, including the interest of view a great many interests would qualify as quasi Forming a contract, the interest of manitaining one's Inheritance. But the degree of protection granted to these clients, and even the expectancy of rceiving a gift of an Interest may vary considerably. The protection granted to Denominate them as 'property'. On the other hand, the expectancies is so meager that it may hardly be apposite to Property interests may be- so extenisve as to blur the line between them and 'absolute' protection granted to some quasi .property Restitution in cases of 'absolute' property and in cases of there is, however, a major distinction between the right to Property. In the former, the mere fact of appropriation- of an owner's right, however innocent, against his will or quasi Without his consent generally entails liability in ,property, however-because the owner lacks the right of exclusive enjoyment, an restitution, in the case of quasi Restitution of" ,d. Friedman) "benefits obtained through, the appropriation of property or additional element is required 513- 512, 504(1980) . Colum. L. Rev 80"the commission of a wrong
האינטרס של המפיץ הבלעדי הוא בציפייתו להמשך הקשר עם לקוחותיו. מול אינטרס זה ניצבים ומתמודדים שני אינטרסים נוספים: האינטרס האחד הוא האינטרס הציבורי שבתחרות חופשית; זה הנוסף הוא האינטרס של הפרט בחופש העיסוק.