and not to a physical device…being doubly sure it’s not produced for or placed into interstate commerce, is how Aleynikov beat the charges against him.
Court Rules Software Not Protected By Fed Crime Laws, Overturns Conviction of Goldman Engineer
“The court concluded that Aleynikov did not steal physical “goods” per se, but rather, software code which was “purely intangible property embodied in a purely intangible format.”
… the statute was interpreted to apply only to physical goods, … .”
Nor could Aleynikov be punished under the Economic Espionage Act (“EEA”), the court concluded, because the HFT source code was not a product that was “produced for” or “placed in” interstate commerce, as required under the EEA.”