When the claim is in substance based on mere copying, it will be dismissed. More generally, the Second Circuit has said of preemption and the misappropriation doctrine:  [W]e believe that "Metropolitan Opera" 's broad misappropriation doctrine based on amorphous concepts such as "commercial immorality" or society's "ethics" is preempted. Such concepts are virtually synonymous for wrongful copying and are in no meaningful fashion distinguishable from infringement of a copyright. Other circuits have treated the misappropriation doctrine and preemption boundary similarly to the Second Circuit's line of cases. They require the state-law claim to be based on something significantly or "qualitatively" extra, beyond mere copying of the plaintiff's product or service to avoid preemption. Many of these cases hold that "commercial immorality" plus copying is no more than copying alone for preemption purposes.