Also also a lawyer. There's a number of civil and criminal sources of liability triggered by the fact situation. I think the OP is referring to the requirement

Also also a lawyer. There's a number of civil and criminal sources of liability triggered by the fact situation. I think the OP is referring to the requirements for the sources which trigger 'big dollar' litigation remedies. The Fenwick memo is pretty helpful - it distinguishes between Wrongful Use and Wrongful Acquisition. Most of the big remedies require Wrongful Use to be demonstrated.