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Q: Intellectual property - trade secrets ( No Answer,   3 Comments )
Question  
Subject: Intellectual property - trade secrets
Category: Reference, Education and News
Asked by: garfield628-ga
List Price: $2.00
Posted: 02 Jun 2005 05:10 PDT
Expires: 26 Jan 2006 11:09 PST
Question ID: 528486
1. what charges could lay on the following suspect? 
The suspect was caught by copying the company's information. But, the
suspect didn't pass on this information or share with the third party.

Request for Question Clarification by politicalguru-ga on 03 Jun 2005 19:10 PDT
Jurisdiction (where it happened) might help.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Intellectual property - trade secrets
From: barchibald-ga on 02 Jun 2005 08:20 PDT
 
Theft is the most obvious.  Most likely what he took can be regarded
as property - use or misuse is as irrelevent to this as if I were to
steal your car and then not resell it!  IP theft must have a physical
element to it if the IP has not changed hands (it can't just sit in
this employee's head).  I'm assuming we are talking about stuff where
you have an audit trail or where you believe you can produce
substantive evidence of the theft.

Other things to consider:

* breach of employment contract.  Gotta have an employment contract
for this one.  Some states have "default" regulations around
employment regulations that might provide some protection, but you'll
never get anywhere following that course.

* you'll have whole other angle if you can substantiate willful
"sabotage" or an attempt.  Simple theft does not count, but if this
person - and it can be substantiated - wanted to bring down the house,
then there is a definate angle there.

* you'll have different concerns if the "goods" were transported out
of the country.  This would be very hard to substantiate without a
sale or exchange of the good over some border.

Thats a start.  More information on the scenario would be helpful. 
State, what was stolen and at what point in the tenure of the suspect.
 Value of the goods (if known) etc.
*
Subject: Re: Intellectual property - trade secrets
From: myoarin-ga on 04 Jun 2005 09:30 PDT
 
HI, 
for $2 you may have to be satisfied with comments, unsupported by documentation.

Since the person was caught, and you say that he did not use or misuse
the information in anyway, there can be no claim for damages.

If he was an employee, part-time, whatever, he had a contract, written
or implied by an oral agreement, which would make him subject to
documented company policy (as an answer or comment to a similar
question indicated).  If this prohibited copying company information,
he was in breach of his employment contract and most probably could be
fired ( but not sued for damages, as there were none, despite whatever
he might have contemplated).

If he was a trespasser, he apparently had evil intents, but again,
nothing happened.  If he removed the copied information from the
company's premises, perhaps he could be charged with theft or
attempted theft.

It sounds like the company's internal security functioned, which is
what it is there to do, to avoid incidents that could have serious
ramifications.
But there were none.
Perhaps he can be charged with theft or attempted theft, but it may
not be worth the effort, unless he has a previous record for such.
Myoarin
Subject: Re: Intellectual property - trade secrets
From: alex101-ga on 17 Jun 2005 20:23 PDT
 
Possible charges for vague fact pattern:

Theft.
Attempted Theft.
Conversion.
Espionage.
Attempted espionage.
Violation of Trade Secret.
Violation of Copyright.
Breach of Contract.
Burglary.
Trespass.
Fraud (probably not but maybe).

It's probably just Copyright Infringement but all the others are
possible depending upon undisclosed specifics.

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