ah, yes, of course. That's why Aleynikov encrypted the source code, uploaded it, then cleared his shell history to hide what he'd done. Because his English wasn't good enough to understand the U.S. legal system.
The same thing almost happened to me once. We did a lot of XML parsing at company A, for which we used the open source libxml. But work there got boring, and I wanted to make a fresh start, so I went to company B, where I also knew I'd be parsing some XML. For a while I considered encrypting the libxml code and secretly uploading it on my last day so that I'd be able to use it at company B. Fortunately, I grew up in the US and am familiar with the customs here, so I decided instead to wait until I arrived at company B, and then download libxml from xmlsoft.org. To think I was >this< close to jail...