On Fri, 2004-02-13 at 19:02, Justin wrote:
Case law on point? I don't think that is true at all. Trade secrets that are leaked are no longer trade secrets.
Incorrect. Trade secrets that are deliberately released by the owner are no longer secret. Secrets that are carelessly released by the owner (eg, wide-open path between their web server and their CVS repository) are probably no longer secrets, but that's subject to finding of fact if it goes to trial. Secrets that are stolen or illegally leaked are still legally secrets. That's pretty clear, though things like developers leaving a company and using their knowledge elsewhere can be questionable. That's why most companies have non-disclosure forms for you to sign when you start work. Regarding case law cites, you can check google or findlaw as well as I. Here, for the lazy or inept, is a useful page: http://cyber.law.harvard.edu/openlaw/DVD/research/EFF_General_8.html
I think the issue would be copyright and/or patent violation.
That, too. In the case of IBM's PC-BIOS that I mentioned before, IBM relied on copyright rather than trade secret. (Obviously, given that they released the source themselves.) Note, also, that that happened in the days before rampant software patents. If the same were to happen today, they'd almost certainly get a patent on their BIOS, and Compaq wouldn't have been able to do their clean-room reimplementation.