Today we resolve an apparent conflict between California's trade secret law(Civ. Code, § 3426 et seq.)1 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.
Bunner just reposted code that was already out on the internet, seemingly no longer a trade secret, because the code was everywhere. The CA SupCT said the lower court must consider whether the it violates the First Amendment rights of the reposter to require the code be removed due to its status as a trade secret. So the case goes back to the lower court.Posted by Mary Hodder at August 25, 2003 01:52 PM