Can you point to one instance where GS argues that it was the secret algorithm? They merely say code related to the trading platform. Lewis had access to the so

Can you point to one instance where GS argues that it was the secret algorithm? They merely say code related to the trading platform. Lewis had access to the source code because it is presented as evidence in a trial and therefore matter of public record. No one from GS has said that what he has taken was an algorithm or anything related to decision making. Not one person. I never said the Second Circuit resolved a dispute about it being proprietary code. The defendant's own lawyer doesn't dispute that it was proprietary. But merely being proprietary is not sufficient for a trade secret violation. If you modify a config file for Apache that modified config file becomes proprietary but it is most likely not an essential trade secret that is the core of your business that someone else couldn't have come up with something similar to solve your problem. GS lawyer's say that proprietary code WAS trade secret and essential, whereas defendant says no it was modified open source code used for queueing etc. The jury is not sophisticated enough to differentiate between the two. See any patent case where a BS software invention is held up as unique.