PUTTING THE GENIE BACK IN THE BOTTLE: NEW RULES FOR TAKING TRADE SECRETS OFF THE INTERNET

摘要

Very few companies are directly concerned with the computer code known as content scramble system or "CSS," which prevents unauthorized access and copying of digital versatile disks (DVDs). Yet every company that has thought about what could happen to its business if its trade secrets were posted on the Internet may find comfort ― and important warnings ― in the recent decision by the California Supreme Court in DVD Copy Control Association v. Bunner, holding that an injunction ordering the removal of unauthorized postings of the DeCSS code (which incorporates CSS) from the Internet does not constitute an unconstitutional prior restraint./1/ This decision is one of the first to hold that, if the trade secrets owner moves quickly and can show that it took reasonable measures to protect its secret, it may be able to prevent further online disclosure and destruction of the secrets.