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[7WashJLTech&Arts105] End User Liability for Software Developed with Trade Secrets

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dc.contributor.author Patterson, Jeff
dc.contributor.author Washington Journal of Law, Technology & Arts
dc.date.accessioned 2011-11-10T18:34:25Z
dc.date.available 2011-11-10T18:34:25Z
dc.date.issued 2011-11
dc.identifier.citation 7 Wash.J.L. Tech & Arts 105 (2011) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1068
dc.description vol.7 no.2, Fall 2011 en_US
dc.description.abstract The National Conference of Commissioners on Uniform State Law (NCCUSL) developed the Uniform Trade Secret Act (UTSA) to unify the laws regulating the improper use of secret, economically advantageous information. However, consumers often procure products without knowledge of any trade secrets that were used in the production, which raises issues of liability. One critical question is whether an end-user can be liable for improper use when it uses a product that was developed with trade secrets. Silvaco Data Systems v. Intel Corp. considered the issue of trade secret information embedded in source code and limited the liability of software end-users. In Silvaco, the California Court of Appeals held that execution of compiled object code is not an improper use of trade secrets embedded in the underlying source code. This holding implies that end users of software, and perhaps non-software, products are not liable for misappropriation of trade secrets used in the development of the product. This Article surveys the application of the UTSA to software and explains why this holding is a proper reading of the model code’s scope. In addition, the Article discusses the public policies behind this limitation and possible implications beyond the software industry. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.title [7WashJLTech&Arts105] End User Liability for Software Developed with Trade Secrets en_US
dc.type Article en_US
dc.rights.holder Copyright 2011 Jeff Patterson en_US

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