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Abstract

Does the Defend Trade Secrets Act (“DTSA”) change anything? One would hope so, but the actual answer will depend on how advocates and judges apply the 2016 Congressional legislation. This Article examines the DTSA’s application to licensing restrictions on reverse engineering, shedding some light on the question: does the DTSA change anything? This Article’s conclusion is that the answer rests on careful attention to the policies supporting reverse engineering within intellectual property and the language of the statute.

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