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Thursday, August 29, 2019

The Criminalization of Private Market Competition

A couple of years ago Rochelle Dreyfuss and I wrote about the conflation, in rhetoric and practice, between trade secrecy and national security. We sounded the alarm that using the criminal justice system to prosecute run of the mill competition between employees and their former employers - even when such competition involves taking trade secrets - a category that as we see in civil litigation is subject to much dispute and factual ambiguity - is a risky extension of the risks employees face when leaving their employer. The Uber-Waymo case settled, with part of the settlement being Waymo, owned by Google, getting shares in Uber's venture. Competitors become collaborators. Innovation and the race to autonomous cars continue. But now the former employee of both - the one who moved between the companies and triggered the civil dispute is being prosecuted for his actions and may face up to 10 years in jail. We should worry about this development, as I argue in this new piece in the Wired.

Posted by Orly Lobel on August 29, 2019 at 12:30 PM | Permalink

Comments

And a fresh one:

"China Will Dominate High-Tech Unless the United States Takes Off the Gloves"

https://nationalinterest.org/feature/china-will-dominate-high-tech-unless-united-states-takes-gloves-77256

Posted by: El roam | Sep 2, 2019 8:24:38 AM

Important one.But it seems that you underestimate the threat to National security ( although, and unfortunately,I couldn't read the whole related research ). This is no joke. The US , can't afford it, to lose the global hegemony in science and technology.

And just two negligible illustrations:

"Trump declares national emergency to protect US networks from foreign espionage "

https://tcrn.ch/2YP4DV5

And:

"Five Chinese Military Hackers Charged

Indicted in Connection with Cyber Espionage Offenses Against U.S."

https://bit.ly/2H36CtV

Thanks

Posted by: El roam | Aug 29, 2019 2:16:53 PM

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