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The law above pretty clearly covers the "Oops, I found it in a bar!" scenario: ...steals, or without authorization appropriates, takes, carries away, or concea
by ahoyhere 17y ago
The law above pretty clearly covers the "Oops, I found it in a bar!" scenario:
...steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information...
Appropriates? Takes? Carries away? Yes.
- jrockway 17y agoBut trade secret? No. And that's the foundation of the law -- "A trade secret, as defined under 18 U.S.C. § 1839(3) (A), (B) (1996), has three parts: (1) information; (2) reasonable measures taken to protect the information; and (3) which derives independent economic value from not being publicly known." In this case, reasonable measures were not taken to protect the information. That makes it a cool new gadget that Steve Jobs wants to surprise everyone with, not a trade secret. And that category has no special legal protection.
- ahoyhere 17y agoIt was effectively stolen from a bar. For all we know it was totally stolen, not "lost and not returned and stolen by default." It was wrapped in a very special case in order to disguise that it was a new model. Gizmodo opened it up and shared its guts, which were of course, totally secret up to that point. Your definition of "reasonable measures" and the court's are going to be two very separate things.
- gte910h 17y agoThe taking it to the bar at all was likely a reveal of the secret.
- anigbrowl 17y agoTwo things...one is that one can't just shop around for the most favorable jurisdiction. The other is that although you insist taking the thing to a bar was not a reasonable effort at secrecy, you also argue that it was quite effectively camoflagued for that specific purpose. Sounds like a reasonable measure to preserve secrecy to me.