The thing most concerning here is that it seems like the employee never used the 'trade secret'. He just downloaded the source code - code, presumably, he wrote.
And of course that this is criminal, not civil.
Scary.
And of course that this is criminal, not civil.
Scary.
> The thing most concerning here is that it seems like the employee never used the 'trade secret'
I don't see why this is so concerning. Most justice systems try to prevent the damages that a crime will commit even if the act is stopped. That's why attempted murder is a crime which you can be charged for.
Just to note (as far as I know) the code you write doesn't necessarily mean that it's code you own. If you write some awesome ass code for school for example the school can claim copyright or some sorts. He wrote the code while working for Machine, so they presumably own the code.
Please correct me if I'm wrong.
Non-employees could also agree to a contract transferring copyright or, in some limited circumstances, agreeing the work is a work made for hire.
But I'm fairly sure that you're wrong about things you write for school, unless you're an employee of the school or you signed something transferring copyright.