William Elfving, DVD CCA v. McLaughlin, et al. Order Granting Preliminary Injunction
“ To hold otherwise would do nothing less than encourage misappropriaters of trade secrets to post the fruits of their wrongdoing on the Internet as quickly as possible and as widely as possible thereby destroying a trade secret forever. ”
William Elfving, DVD CCA v. McLaughlin, et al. Order Granting Preliminary Injunction
“ Although Defendants argue extensively that a 40 bit encryption system is weak at best, it is undisputed that the encryption remained a secret for close to three years and was limited in its strength by certain international export regulations. Under the law, a system to protect secrecy does not become unreasonable simply because a clever thief finds a way to penetrate the security. (E.L. du Pont de Nemours & Co., inc. v. Christopher, (CA5, 1970) 431 F.2d 1012) Under these circumstances, the Court is satisfied that Plaintiff has shown a likelihood of prevailing on the issue of trade secret. ”
William Elfving, DVD CCA v. McLaughlin, et al. Order Granting Preliminary Injunction
“ However, in trade secret cases, it is a rare occasion when the Plaintiff has a video of an employee walking out with trade secret, or an admission of a competitor that they used improper means to obtain Plaintiff's intellectual property. In most situations, Defendants try to cover their tracks with considerably more effort than the Defendants did herein. ”
