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Expert Analysis

Another Decision In Goldman Code Theft Case

By Jonathan Waisnor ( July 11, 2018, 12:59 PM EDT) -- On May 3, 2018, the New York Court of Appeals unanimously affirmed the conviction of Sergei Aleynikov for unlawfully using secret scientific material. [1] The Court of Appeals held that a person who uploads a copy or reproduction of a former employer's proprietary source code to a server or other electronic storage device without authorization may be subject to criminal liability. The Court of Appeals further held that a person could act with intent to misappropriate source code even where the act of copying or reproducing the source code would not deprive the former employer of the ability to use or control the original source code. . . .

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