From another source (law360, which is paywalled): "prosecution failed to prove that Aleynikov made a tangible reproduction of the source code he was accused of

From another source (law360, which is paywalled): "prosecution failed to prove that Aleynikov made a tangible reproduction of the source code he was accused of appropriating, as required by the statutory language." Damn this guy keeps winning on statutory issues. This must be pretty damn embarrassing for the state's attorney. The guy served a year in prison and there is no indication that he used the misappropriated code. I can't imagine the judicial resources are best used continuing the case. Though, anyone leaving a company shouldn't take this as a signal that you are allowed to just take code and run out of the door. The federal law he was acquitted under was amended to make what he did illegal. And in most states he's definitely flirting with trade secret misappropriation laws. Don't take any code with you.