2005 Nevada Revised Statutes - Chapter 603 — Computers

CHAPTER 603 - COMPUTERS

NRS 603.010 Definitions.

NRS 603.020 Computerdefined.

NRS 603.030 Programdefined.

NRS 603.040 Unfairtrade practices.

NRS 603.050 Infringementof trade secrets.

NRS 603.060 Presumptionand notice that program is proprietary.

NRS 603.070 Useby governmental agency of proprietary program or data.

NRS 603.080 Ownerof program or data may institute civil action; order of court.

NRS 603.090 Civilremedies under chapter not exclusive.

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NRS 603.010 Definitions. As used in this chapter unless the context otherwiserequires, the words and terms defined in NRS603.020 and 603.030, have themeanings ascribed to them in those sections.

(Added to NRS by 1983, 1348)

NRS 603.020 Computerdefined. Computer means an electrical devicewhich performs arithmetic or logical functions on information that is recordedin the form of electronic or magnetic impulses, and includes any deviceconnected to a computer for the purpose of communicating, processing, storingor retrieving such information. The term does not include a device such as aradio or television transmitter or receiver, television camera, videotaperecorder, sound recorder, phonograph or similar device which is used forreproducing information in aural or visual form without changing the nature orcontent of the information, unless such a device is connected to and used by acomputer.

(Added to NRS by 1983, 1348)

NRS 603.030 Programdefined. Program means a series ofstatements or instructions in words, numbers or other symbols which are used orto be used directly or indirectly in a computer to bring about an intendedresult. The term includes the statements or instructions of a program in a formacceptable to a computer or a representation of the statements or instructionsin any other form, including the charts and documents used in the design andwriting of the program.

(Added to NRS by 1983, 1348)

NRS 603.040 Unfairtrade practices. It is an unfair tradepractice for a person:

1. To obtain possession of or access to a proprietaryprogram or the data stored in a computer with intent to:

(a) Deprive or withhold from the owner his control overthat program or data; or

(b) Convert that program or data to his own use or theuse of another.

2. With the consent of the owner, to obtain possessionof or access to a proprietary program or the data stored in a computer andthereafter, without the consent of the owner, to:

(a) Convert that program or data to his own use or theuse of another; or

(b) Make or cause to be made a copy of that data or thestatements or instructions of that program or to exhibit that program or datato another.

3. By force, violence, threat, bribe, reward or offerof anything of value on or to another person or a member of his family, toobtain or attempt to obtain from that other person an unauthorized copy of aproprietary program or the data stored in a computer.

4. To enter on the premises of another with intent toobtain the unauthorized possession of or access to a proprietary program or thedata stored in a computer.

(Added to NRS by 1983, 1348)

NRS 603.050 Infringementof trade secrets. It is an infringement of a tradesecret for a person, without the consent of the owner, to obtain possession ofor access to a proprietary program or a compilation of proprietary informationthat is stored as data in a computer and make or cause to be made a copy ofthat program or data if the program or data:

1. Is used in the owners business;

2. Gives the owner an opportunity to obtain anadvantage over competitors who do not know or use it;

3. Is treated by the owner as secret; and

4. Is not copyrighted because an application thereforwould result in the program or data no longer being secret.

(Added to NRS by 1983, 1349)

NRS 603.060 Presumptionand notice that program is proprietary.

1. In a civil action alleging an unfair trade practicerespecting a program, it is presumed that a program is proprietary if theperson alleging ownership of the program shows that he made the program orobtained the exclusive right to manufacture, market and sell, lease, rent orlicense the program for use and that he maintained the proprietary nature ofthe program by giving notice thereof.

2. Such a notice is sufficient if the program, when:

(a) Compiled in a computer and retrieved for the visualdisplay of its statements or instructions, is accompanied by a statement thatit is confidential or proprietary.

(b) Operated in a computer, either at the beginning ofits operation or when the results of the program are displayed visually,displays a statement that the program is confidential or proprietary.

(c) Sold to the public or leased, rented or licensedfor use, bears on its package or container a statement that the program isproprietary.

A statementthat the owner or manufacturer retains the right to copy the program isequivalent to a statement that the program is proprietary.

(Added to NRS by 1983, 1349)

NRS 603.070 Useby governmental agency of proprietary program or data.A governmental agency which obtains a proprietary program or the datastored in a computer must keep the program or data confidential. Thegovernmental agency may only use the program or data for the purpose for whichit was obtained, and may not release the program or data without the priorwritten consent of the owner.

(Added to NRS by 1983, 1350)

NRS 603.080 Ownerof program or data may institute civil action; order of court.

1. The owner of the rights to a proprietary program orthe data stored in a computer may bring a civil action to enjoin:

(a) Unfair trade practices respecting that program ordata; or

(b) Infringement of a trade secret respecting thatprogram or data.

2. A court of competent jurisdiction may:

(a) Grant such injunctions to restrain the unfair tradepractices or infringements of a trade secret as it deems just and reasonable;

(b) Require a defendant to pay to the owner all profitsderived from his wrongful acts and all damage suffered by the owner because ofthose acts; and

(c) Order all copies of such a program or data which isin the possession or control of a defendant to be delivered to the owner or toan officer of the court for destruction.

(Added to NRS by 1983, 1349)

NRS 603.090 Civilremedies under chapter not exclusive. Thecivil remedies provided in this chapter:

1. Do not preclude the prosecution of a defendantunder the penal laws of this state.

2. Are in addition to any rights or remedies to whichthe owner of a proprietary program or data stored in a computer is entitledunder the common law.

(Added to NRS by 1983, 1350)

 

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