Harm if the injunction was not issued, 2. IE: since it was no longer a trade secret, the judge (Kaplin) overstepped his boundries by issuing an injunction because the case didn't meet both standards required to do so. The appeal was about the injunction, and the harm that could be done if an injunction was not granted. You can hold the individual/company/etc liable for the release, but not the people who distribute something that is no longer a trade secret. The entire ruling is about how once a trade secret is no longer a trade secret, it is basically in the public domain. Since this is the standard, a trade secret that becomes common knowledge is no longer a trade secret, the ruling restored the status quo before Kaplin turned activist. He said that once it was out, and all over the internet, it may have ceased to be a trade secret. The court said that no trade secrets were illegally obtained. Yeah, it's a law, and people shouldn't do it, but then some people also don't care.

IE) being lackadaisical about security and then complaining about people breaking the law by writing viruses. It's been said, but if they want their DVD encryption to be impenetrable (and hence popular with the MPAA) they should actually try to make it tough to crack instead of hiding behind a flimsy law that has apparently been dismissed in this particular case. The DVD-CAA wants the DVD format to be adopted and for it to be widespread and popular, but they complain about anything that comes from people using it and that would help distribution. It's silly to want a food critic taste your food so he could publish a glowing review and then get upset when he writes what he (correctly) believes to be your ingredients.

If people are going to buy your product, and be exposed to it, they will naturally have to gain some familiarity with it. It's like being a restauranteur and crying 'No fair' and refusing to sell desserts to customers who taste a dessert and ask, 'Is that cinnamon?' Trying to protect silly 'trade secrets' behind a poorly conceived law is the worst thing to happen to digital media (and the internet).

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