Business Crime, Tort, and Contracts - Essay Example

A Borland executive, Eugene Wang, was planning to depart Borland to work for Symantec, considered Borland’s archrival. Other Borland executives and its board uncovered evidence, on the evening of Mr. Wang’s departure that Mr. Wang had communicated trade secrets to Gordon Eubanks, Symantec’s chief executive. Those secrets included future product specifications, marketing plans through 1993, a confidential proposal for a business transaction, and a memo labeled “attorney/client confidential” summarizing questions asked by the Federal Trade Commission (FTC) in its probe of restraint of trade allegations by Microsoft Corporation. Mr. Wang allegedly used his computer to communicate the information to Mr. Eubanks. The local police and Borland executives worked through the night, using Symantec’s software that reconstructs computer files after they have been destroyed. When Mr. Wang reported for his exit interview, he was detained and questioned by investigators.

Searches authorized by warrant of Mr. Eubanks’s two homes and his office uncovered evidence that he had received Mr. Wang’s information. Borland filed a civil suit against the two men. Later during the day of the exit interview, Mr. Wang’s secretary, who was transferred with him to Symantec, returned to copy from her computer what she called “personal files.” A personnel official watched as she copied the files from her computer but became suspicious and notified plainclothes officers in the Borland parking lot.

The secretary, Lynn Georganes, was stopped, and the two disks onto which she had copied materials were taken. The disks contained scores of confidential Borland documents, including marketing plans and business forecasts.

Do the actions of Mr. Wang and Mr. Eubanks fit any computer crime statutes? Was theft involved in their actions? Were Ms. Georganes’s actions ethical? Can’t a competitor always hire an executive away, and wouldn’t Mr. Wang have had most of the information in his head anyway? Can Mr. Eubanks be certain Mr. Wang will not do the same thing to him? Yes, the actions of Mr. Wang and Mr. Eubanks fit computer crimes statutes. Under California Penal code š 499c, communicating trade secrets through electronic mail, postal, and/or oral without the permission of the owner constitutes a crime of stealing (Bern, 2001), which is punishable by law. According to Bern (2001), computer crime occurs when someone uses a computer or its software to commit a felony. In this instance, both Mr. Wang and Mr. Eubanks used a computer to commit ‘economic espionage’ by sharing trade secrets.