Binary Semantics Limited is a company with expertise in promoting and selling software in India. Minitab, Inc., is a software development company that for several years had an agreement with Binary whereby Binary would promote and sell Minitab's software in India. Minitab eventually decided that it would eliminate Binary's services and sell directly in the Indian market. Minitab allegedly contacted several of Binary's employees and induced them to turn over some of Binary's trade secrets and other information that would help Minitab hold its own in India. One of these Binary employees was a woman named Asha. After Asha turned over the information to Minitab, Binary filed suit against Minitab, some of Minitab's employees, and Asha, alleging, among many other things, violation of the Computer Fraud and Abuse Act [18 U.S.C. § 1030] (CFAA). Minitab moved to dismiss the CFAA claim pursuant to Federal Rules of Civil Procedure 12(b)(6), arguing that none of its employees had violated the CFAA but that Binary's own employee, Asha, had.
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