P had program that could adapt itself to different operating systems. D recruited employee of P for help with one type of operating system. Employee took source code with him. A good portion of D’s code was taken directly from this source code.
Problem: What are differentiating factors between TS and C?
Answer: Monetary value of the secret, TS protects ideas and processes.
Important because Copyright preempts Trade Secret claims; need to differentiate your claims then, show that it isn’t just based on infringing materials (which copyright usually covers), show either of the above factors, or breach of confidentiality, or improper secret acquisition.