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No Federal Prohibition on Stealing Code for Trading Infrastructure

Wed, 18 Apr 2012 19:05:18 GMT

Chief Judge Dennis Jacons said that the statutory language refers on the one hand to products that have “already been introduced into [placed in] the stream of commerce” and on the other hand to those that “are still being developed or readied” [produced for] such placement. The words evoke two distinct sets of products with a sequential relationship to one another, which satisfies well-established rules of statutory construction. The district court had upheld the indictment against challenge along these lines, because the district court had construed the language to include the production of anything whose purpose is “to facilitate or engage in such commerce.” The appeals court panel found error here.

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