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Pages 31-34

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From page 31...
... 31 court held that the plaintiff's claim for misappropriation of trade secrets was not preempted, because the plaintiff would "have to prove that the Software was a trade secret that was misappropriated by Miller from HSSL and that HSSL was under a duty to maintain the secret and limit its use. These are elements in addition to the copying required for a copyright infringement claim."430 Likewise, in Therapeutic Research Faculty v.
From page 32...
... 32 computer disk, or tape.448 However, an agency is not required to create a record if the record does not exist at the time a request is made.449 One of the exemptions under the New York law is for records that "if disclosed, would jeopardize an agency's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures."450 It has been held that a municipality may not avoid liability under its state's open records law through contracts, for example, with independent contractors.451 Thus, a municipality may not avoid disclosure because pursuant to a contract an independent contractor has custody of the city's records.452 In WIREdata, Inc.
From page 33...
... 33 by the county. The county's geographic information department had developed a digital database to combine several layers of information onto one digital photographic map of the county at a cost of $7.5 million.464 A real estate company made a request for the digital photographic map for its Web site for the use of its customers.465 The court agreed with the Second Circuit in County of Suffolk, New York v.
From page 34...
... 34 court's analysis in determining why federal law did not apply. The court noted that the federal statute at issue was the Critical Infrastructure Information Act of 2002 (CII Act)

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