New – The Tragedy of the Commons: A Hybrid Approach to Trade Secret Legal Theory
Author: Jonathan R.K. Stroud
This Article examines current theories behind trade secret laws and how they incompletely and inadequately protect corporate investment in innovation. Without strong trade secret protections, the “tragedy of the commons” destroys the fruits of capital investment and labor— activities calculated to benefit the public. In response to these shortcomings, the Author proposes a hybrid theory that blends elements of both property and tort in an attempt to recalibrate the incentives the laws offer innovators, especially in the age of the Internet.