New Paper: “The Defend Trade Secrets Act Isn’t an ‘Intellectual Property’ Law”

13 03 2017

Congress worked on the Defend Trade Secrets Act (DTSA) for years, yet the final product has a number of rough edges and curiosities. One example is the following sentence:

This section and the amendments made by this section shall not be construed to be a law pertaining to intellectual property for purposes of any other Act of Congress

I know regular blog readers just spit out their coffee and are shouting “WTF?!” Of course trade secrets are an intellectual property; so of course the DTSA is an intellectual property law. How could Congress say otherwise?

My new article, cleverly named “The Defend Trade Secrets Act Isn’t an ‘Intellectual Property’ Law,” answers that question in a prolix manner befitting a law professor.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2924827

The short story is that the sentence preserves the Perfect 10 v. ccBill “salient” in Section 230 jurisprudence, which says that Section 230 can apply to state IP laws–including trade secrets. ccBill is only the law in the 9th Circuit, but nevertheless it’s become a crucial part of Section 230 jurisprudence. The DTSA makes trade secrets a federal claim, which would have functionally eliminated the ccBill salient as applied in the trade secret realm. The DTSA’s curious declaration preserves that salient.

It also does a lot more.

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The content in this post was found at http://blog.ericgoldman.org/archives/2017/03/new-paper-the-defend-trade-secrets-act-isnt-an-intellectual-property-law.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google’s arm for self-driving cars is accusing a former engineer of stealing trade secrets for Uber

28 02 2017

Google is suing Uber and alleging that a former employee engaged in a “concerted plan” to steal trade secrets related to the search giant’s self-driving car technology.

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The content in this post was found at https://www.washingtonpost.com/news/the-switch/wp/2017/02/23/google-is-accusing-former-execs-of-stealing-trade-secrets-and-taking-them-to-uber/and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Texas jury awards $500 million in copyright and trade secret case against Facebook’s Oculus VR

7 02 2017

By Steve Brachmann

February 7, 2017

 IP Watchdog

On Wednesday, February 1st, a jury in the U.S. District Court for the Northern District of Texas (N.D. Tex.) entered a case verdict which orders virtual reality developer Oculus VR to pay $500 million to Rockville, MD-based interactive computing firm ZeniMax Media Inc. The verdict is the latest activity in a case involving allegations of copyright infringement and trade secret misappropriation levied against Oculus, now a subsidiary of social media giant Facebook Inc. (NASDAQ:FB) of Menlo Park, CA.

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The content in this post was found at http://www.ipwatchdog.com/feed/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Zynga sues 2 former employees over alleged massive data heist

5 02 2017
On Tuesday, Zynga sued two of its former employees. The company claims they stole confidential information and took it to their new employer, rival social gaming startup, Scopely.

Massimo Maietti and Ehud Barlach worked as higher-up employees for the San Francisco-based Zynga until they left in July and September, respectively. Scopely, which makes Dice with Buddies, Wheel of Fortune Free Play, and others, is also named as a co-defendant in the case.

According to Zynga’s 28-page civil complaint, Maietti was the creative director on “one of Zynga’s most ambitious soon-to-be released games, which goes by the code name ‘Project Mars.’” Barlach, for his part, was the general manager of Hit It Rich! Slots.

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The content in this post was found at https://arstechnica.com/tech-policy/2016/11/zynga-sues-2-former-employees-over-alleged-massive-data-heist/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Top Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2016

1 02 2017

Continuing our annual tradition, we present the top developments/headlines for 2016 in trade secret, computer fraud, and non-compete law. Please join us for our first webinar of the New Year on February 2, 2017, at 12:00 p.m. Central, where we will discuss these new developments, their potential implications, and our predictions for 2017.

1. Defend Trade Secrets Act

2. EU Trade Secrets Directive

3. Government Agencies Continue to Scrutinize the Scope of Non-Disclosure and Restrictive Covenant Agreements

4. New State Legislation Regarding Restrictive Covenants

 

5. Noteworthy Trade Secret, Computer Fraud, and Non-Compete Cases

 

6. Forum Selection Clauses

7. Security Breaches and Data Theft Remain Prevalent

8. The ITC’s Extraterritorial Authority in Trade Secret Disputes

 

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The content in this post was found at http://www.tradesecretslaw.com/2017/01/articles/dtsa/top-developmentsheadlines-in-trade-secret-computer-fraud-and-non-compete-law-in-2016/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.