[andriy_koval]

thank you for all your irrelevant citations and speculations.

the question is still open if that guide is grounded into US legal landscape in any way. Unlike good quality legal literature which grounds every statement into law or case law, that guide does nothing.

[shagie]

The part "Copyright is another form of intellectual property protection available to code and algorithms. However, it should be noted that certain jurisdictions do not permit an owner to assert both trade secret and copyright, especially if the copyrighted software discloses a majority of the source code or the “proprietary” portions. (2)" provides a link to Capricorn Management Systems, Inc. v. Government Employees Insurance Co.

The decision can be read at https://cases.justia.com/federal/district-courts/new-york/ny...

That decision is about if something can be both a trade secret and copyrighted.

[andriy_koval]

> That decision is about if something can be both a trade secret and copyrighted.

I think you completely made up this part. My reading is that court said that Capricorn failed to met criteria to establish trade secret and even violation didn't happen at all. Also, it was district court ruling which doesn't establish any case law.

* Capricorn did not treat Supercede as confidential.

* merely listed functionalities of Supercede and did not allege how such functionalities constituted a unique trade secret.

* DePace, Capricorn's primary coder of Supercede, did not believe Defendants had copied Supercede,