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[dvd-discuss] _DVDCCA v. Bunner_ - free speech loses!


"Today we resolve an apparent conflict between California's trade
secret law (Civ. Code,  3426 et seq.) and the free speech clauses of
the United States and California Constitutions. In this case, a Web
site operator posted trade secrets owned by another on his Internet
Web site despite knowing or having reason to know that the secrets
were acquired by improper means. The trial court found that the
operator misappropriated these trade secrets in violation of section
3426.1 and issued a preliminary injunction pursuant to section 3426.2,
subdivision (a), prohibiting the operator from disclosing these
secrets. Accepting as true the trial court's findings, we now consider
whether this preliminary injunction violates the First Amendment of
the United States Constitution and article I, section 2, subdivision (a)
of the California Constitution. We conclude it does not."

Seth Finkelstein  Consulting Programmer  sethf@sethf.com  http://sethf.com
Anticensorware Investigations - http://sethf.com/anticensorware/
Seth Finkelstein's Infothought blog - http://sethf.com/infothought/blog/