United States v. Brown

925 F.2d 1301 (1991)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

United States v. Brown

United States Court of Appeals for the Tenth Circuit
925 F.2d 1301 (1991)

Facts

John Brown (defendant) worked as a computer programmer for The Software Link, Inc. (TSL), based in Georgia. TSL was a software company, and one of its assets was a computer program known as PC-MOS/386. Brown moved to New Mexico. He was later investigated by the Federal Bureau of Investigation, which searched his home and found notebooks and a hard disk containing portions of the source code for PC-MOS/386. Brown was indicted for violating the National Stolen Property Act (NSPA) by transporting the source code for the computer program across state lines from Georgia to New Mexico. Brown moved to dismiss the indictment, arguing that the NSPA did not apply to source code because it was not a physical object. The trial court dismissed the indictment, ruling that the source code was not the type of property contemplated by the NSPA, which referred to the interstate transit of goods, wares, or merchandise. The United States appealed, arguing that an actual taking of physical goods occurred because the source code was never released outside of TSL but was still found inside Brown’s apartment.

Rule of Law

Issue

Holding and Reasoning (Holloway, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership