Joseph V. DeMarco, a partner at DeVore & DeMarco, writes that a recent Second Circuit decision, which wrestled with questions about the intangibility of code and whether internal business software can qualify as a "product," will likely have a significant impact on the federal government's ability to prosecute data theft, particularly to cases involving purely digital misconduct, with its small and "eco-friendly" carbon footprint.
Digital Theft of Intangible Property: Go Green—Go Free?
New York Law Journal
May 22, 2012
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