People v. Aleynikov
Supreme Court of New York, Appellate Division, First Department
148 A.D.3d 77 (2017)
Relevant factsFree
Aleynikov copied Goldman Sachs's proprietary source code onto a German server and then onto personal devices, sharing it with his new employer, a potential Goldman competitor; his separate federal conviction under the National Stolen Property Act was reversed on appeal, and the trial court in the parallel state prosecution set aside the jury's guilty verdict, finding the data transfer was not a tangible reproduction and that Aleynikov lacked intent to appropriate it.
IssueFree
Whether an electronic copy of data residing on a physical medium constitutes a tangible reproduction of the data.