[ Thanks to Kelly
mcNeill for this link. ]
“It looks to me like you’re trying to create a whole new class
of action based on infringing a trade secret, but I don’t see no
limits to your secrets. I don’t see any publication and I sure
don’t see any authority for granting some damned manufacturer’s
association this kind of power. The Constitution reserved that
power to the Federal Government and they said `No, thank you’. To
my knowledge, it has always been the responsibility of secret
holders to protect their own secrets. The use of public enforcement
power is typically reserved for the wrongful appropriation
itself….”
“And that’s another thing,” his honor continues, “you name
defendants in Australia, Denmark, France, Germany, England and all
over. Now, would you kindly explain to me how some fella in
Australia is supposed to come under California law?…“
“”Like radio. That ol’ boy in Australia doesn’t connect to
California and Californians don’t dial into his site to view it.
When an ISP connects to the Internet, they are using it as a
broadcast medium. They don’t give a damn about California law and
California can’t make them. That takes an international treaty, and
that takes Federal Executive action with U.S. Senate ratification.
I know they teach constitutional law at Harvard. You should know
this stuff.”