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Out of context: Reply #93
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- quack0
ยง 3426.1 Definitions:
(b) "Misappropriation" means:
(2) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(B) At the time of disclosure or use, knew or had reason to know
that his or her knowledge of the trade secret was:
(ii) Acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use;also:
section 3426.1 (d)(1)(2)(d) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or process,
that:
(1) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use; and
(2) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.3426.3. (a) A complainant may recover damages for the actual loss
caused by misappropriation. A complainant also may recover for the
unjust enrichment caused by misappropriation that is not taken into
account in computing damages for actual loss.
(b) If neither damages nor unjust enrichment caused by
misappropriation are provable, the court may order payment of a
reasonable royalty for no longer than the period of time the use
could have been prohibited.
(c) If willful and malicious misappropriation exists, the court
may award exemplary damages in an amount not exceeding twice any
award made under subdivision (a) or (b).- it's probably safe to say, apple could own gizmodo tomorrowquack