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Court rules former Goldman Sachs programmer did not violate federal theft law

John Ribeiro | April 12, 2012
Former Goldman Sachs programmer Sergey Aleynikov did not violate the National Stolen Property Act and the Economic Espionage Act when he allegedly uploaded proprietary source code to a server in Germany, the U.S. Court of Appeals for the Second Circuit said Wednesday in an opinion.

While concurring with the majority opinion, Judge Guido Calabresi said it is hard for him to conclude that in the EEA, Congress, "actually meant to exempt the kind of behavior in which Aleynikov engaged," and expressed the hope that Congress would state clearly what he believed it meant to make criminal in the EEA.

The U.S. attorney's office in Manhattan could not be immediately reached for comment.


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