Business Adventures: Twelve Classic Tales from the World of Wall Street. Chapter 11. One Free Bite
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这一章讲述了 *古德里奇诉沃格莫斯* 一案，这是 1960 年代美国一场具有里程碑意义的商业秘密法律战，其导火索是蓬勃发展的太空竞赛和科学人才日益增长的流动性。唐纳德·W·沃格莫斯是 B.F. 古德里奇公司一位前途光明的化学工程师，该公司深度参与宇航服设计。国际乳胶公司 (ILC) 通过一份利润丰厚的新阿波罗项目分包合同，高薪挖走了沃格莫斯，该公司是古德里奇的主要竞争对手。受到大幅加薪和搬迁到更靠近妻子家乡的诱惑，沃格莫斯接受了这份工作。
在沃格莫斯辞职后，古德里奇的高管们，尤其是韦恩·加洛韦，担心他不可避免地会向乳胶公司泄露机密信息，这些信息对于古德里奇在宇航服市场上的竞争优势至关重要。沃格莫斯关于忠诚是有价的轻率言论加剧了局势，导致古德里奇迅速终止了他的雇佣关系，并威胁采取法律行动。他们强调了沃格莫斯从军队服役归来后签署的保密协议，该协议禁止披露公司信息。古德里奇担心沃格莫斯的离开意味着失去多年来投入其独特宇航服技术的研究和开发。
乳胶公司坚持他们的聘用，承诺支付沃格莫斯的法律费用，并赔偿他的工资损失。古德里奇认为此事关乎商业道德和商业秘密的保护，因此向普通诉讼法院提起诉讼，寻求禁令，以阻止沃格莫斯披露任何机密信息，并阻止他为宇航服领域的任何竞争对手工作。该案件引起了广泛关注，突显了保护企业知识产权与允许科学家个人自由追求职业机会之间的紧张关系。
审判围绕三个关键问题展开：古德里奇是否拥有合法的商业秘密，沃格莫斯是否知晓这些秘密，以及如果不批准禁令救济，古德里奇是否会遭受无法弥补的损害。古德里奇试图证明其宇航服制造工艺的独特性，而辩方则试图证明这些工艺根本不是秘密，或者已被乳胶公司知晓。在审判过程中，甚至出现了一个有些滑稽的时刻，一位乳胶公司的员工在宇航服中汗流浃背，恳求摘掉头盔。沃格莫斯的辩护基于他没有带走任何文件，并且他不太可能记住科学过程的复杂细节。
法律论证的关键在于“一次免费咬”原则，它基于“每只狗都有一次免费咬人机会”的说法。辩方认为，除非沃格莫斯已经披露了机密信息，否则不能对他采取任何行动。古德里奇反驳说，乳胶公司故意招募沃格莫斯表明存在恶意，否定了“一次免费咬”原则。
法官哈维最终驳回了禁令，认为没有足够的证据表明沃格莫斯有恶意，并将案件的重点更多地放在乳胶公司的行为上，而不是他自己的行为上。古德里奇提出上诉。
上诉法院部分推翻了该判决，发布了一项限制令，允许沃格莫斯为乳胶公司从事宇航服开发工作，但禁止他披露古德里奇的商业秘密。这一妥协反映了保护公司利益与允许专业人士发展事业之间的微妙平衡。
该案件在没有进一步上诉的情况下结束。沃格莫斯进入乳胶公司工作，在小心翼翼不违反法院命令的同时，应对着新角色的复杂性。古德里奇虽然没有积极监视沃格莫斯，但期望他和乳胶公司都遵守法律。*古德里奇诉沃格莫斯* 一案确立了一个重要的先例，影响了未来的商业秘密纠纷，并提高了人们对雇主和雇员在科学人才日益流动的时代所拥有的权利和责任的认识。
This chapter recounts the case of *Goodrich v. Wolgomath*, a landmark trade secrets legal battle in 1960s America, sparked by the burgeoning space race and the increasing mobility of scientific talent. Donald W. Wolgomath, a promising chemical engineer at B.F. Goodrich, a company deeply involved in space suit design, is headhunted by International Latex Corporation (ILC), a major competitor with a lucrative new Apollo project subcontract. Lured by a significant salary increase and a relocation closer to his wife's family, Wolgomath accepts the offer.
Upon Wolgomath's resignation, Goodrich executives, particularly Wayne Galloway, express concern that he will inevitably disclose confidential information to Latex, information critical to Goodrich's competitive advantage in the spacesuit market. Wolgomath's flippant remark about loyalty having a price exacerbates the situation, leading Goodrich to promptly terminate his employment and threaten legal action. They highlight a confidentiality agreement Wolgomath signed upon his return from military service, prohibiting the disclosure of company information. Goodrich fears that Wolgomath's departure represents the loss of years of research and development invested in its unique space suit technologies.
Latex stands by their offer, promising to cover Wolgomath's legal expenses and indemnify him against salary losses. Goodrich, viewing the situation as a matter of business ethics and the protection of their trade secrets, files suit in the Court of Common Pleas, seeking an injunction to prevent Wolgomath from disclosing any confidential information and from working for any competitor in the spacesuit field. The case garners significant attention, highlighting the tension between protecting corporate intellectual property and allowing individual scientists the freedom to pursue career opportunities.
The trial revolves around three key issues: whether Goodrich possessed legitimate trade secrets, whether Wolgomath knew these secrets, and whether Goodrich would suffer irreparable harm if injunctive relief was not granted. Goodrich attempts to demonstrate the uniqueness of its spacesuit manufacturing processes, while the defense tries to prove these processes are not secrets at all or were already known by ILC. The court even witnesses a somewhat comical moment when a Latex employee, sweltering in a spacesuit during the trial, pleads to remove his helmet. Wolgomath's defense rests on the fact that he took no documents with him and that he is unlikely to remember the intricate details of the scientific processes.
The crux of the legal argument comes down to the "one free bite" doctrine, based on the saying that "every dog gets one free bite." The defense argues that unless Wolgomath has already disclosed confidential information, no action can be taken against him. Goodrich counters that ILC's deliberate recruitment of Wolgomath suggests malicious intent, negating the "one free bite" principle.
Judge Harvey ultimately denies the injunction, finding insufficient evidence of evil intent on Wolgomath's part, placing the focus of the case more onto ILC's actions rather than his own. Goodrich appeals.
The Court of Appeals partially reverses the decision, issuing a restraining order that allows Wolgomath to work for Latex in spacesuit development but prohibits him from disclosing Goodrich's trade secrets. This compromise reflects the delicate balance between protecting corporate interests and allowing individual professionals to advance their careers.
The case concludes without further appeals. Wolgomath goes to work for Latex, navigating the complexities of his new role while being careful not to violate the court order. Goodrich, while not actively policing Wolgomath, expects both him and Latex to comply with the law. The *Goodrich v. Wolgomath* case establishes an important precedent, influencing future trade secret disputes and raising awareness of the rights and responsibilities of both employers and employees in the era of increasingly mobile scientific talent.
中英文字稿 
第十一章：初次尝试
1962年秋季，美国各大公司的研究与开发项目中涌现出成千上万的年轻科学家，他们的表现都非常出色。其中有一位名叫唐纳德·W·W·沃尔戈马斯的年轻人，他在俄亥俄州阿克伦市为B.F.古德里奇公司工作。沃尔戈马斯于1954年毕业于密歇根大学，获得化学工程学的理科学士学位。毕业后，他直接进入古德里奇公司的化学实验室工作，当时的起始工资是每月365美元。从那时起，除了在陆军服役的两年外，他一直为古德里奇公司从事各种工程和研究工作，并在六年半的时间里总共获得了15次加薪。
▶ 英文原文 ⏱
Chapter 11. One Free Bite. Among the thousands of young scientists who were doing very well in the research and development programs of American companies in the fall of 1962 was one named Donald W. W. Wolgomath, who was working for the B.F. Goodridge Company in Akron, Ohio. A 1954 graduate of the University of Michigan where he had taken the degree of Bachelor of Science in Chemical Engineering, he had gone directly from the university to a job in the chemical laboratories of Goodridge, at a starting salary of $365 a month. Since then, except for two years spent in the Army, he had worked continuously for Goodridge in various engineering and research capacities, and had received a total of 15 salary increases over the six and a half years.
在1962年11月，当他即将迎来自己31岁生日时，他的年收入是10,644美元。沃尔戈玛斯是一个身材高大、沉静严肃的德国裔男子，他的板材眼镜给人一种像猫头鹰的印象。他和妻子以及他们15个月大的女儿住在阿克伦市郊的沃兹沃思的一所牧场风格的房子里。从整体上看，他似乎是年轻的美国中产阶级的典型代表，以至有些乏味。然而，他的生活中有一点显然不同于常人，那就是他的工作性质。他是古德里奇公司太空服工程部门的经理。多年来，他在晋升到这一职位的过程中，在为我们的水星计划宇航员设计和建造轨道和亚轨道飞行服方面发挥了重要作用。
▶ 英文原文 ⏱
In November 1962, as he approached his 31st birthday, he was earning $10,644 a year. A tall, self-contained, serious-looking man of German ancestry whose horn-rimmed glasses gave him an owlish expression, Wolgomath lived in a ranch house in Wadsworth, a suburb of Akron with his wife and their 15-month-old daughter. All in all, he seemed to be the young American Oum Moiennryouce, to the point of boredom. What was decidedly not routine about him, though, was the nature of his job. He was the manager of Goodridge's Department of Space Suit Engineering, and over the past years, in the process of working his way up to that position, he had had a considerable part in the designing and construction of the suits worn by our Mercury astronauts on their orbital and suborbital flights.
在十一月的第一周，Wolgomath 接到了一个来自纽约的就业代理的电话，对方告诉他，一家大型公司 Endover Delaware 的高管们非常期待与他商谈担任该公司职位的可能性。尽管来电者说话含蓄——这是就业代理首次接触潜在员工时常见的特点，Wolgomath 立刻知道了这家大公司的身份。这家公司是国际乳胶公司，公众一般将其称为紧身衣和胸罩制造商，但 Wolgomath 知道它也是 Goodridge 在航天服领域的三大主要竞争对手之一，公司位于 Endover。
▶ 英文原文 ⏱
Then in the first week of November, Wolgomath got a phone call from an employment agent in New York, who informed him that the executives of a large company, Endover Delaware, were most anxious to talk to him about the possibility of his taking a job with them. Despite the caller's reticence, a trait common among employment agents making first approaches to prospective employees, Wolgomath instantly knew the identity of the large company. The International Latex Corporation, which is best known to the public as a maker of girdles and braziers, but which Wolgomath knew to be also one of Goodridge's three major competitors in the space suit field, is situated Endover.
他还知道，Latex公司最近获得了一项合同，总金额约为75万美元，用于研发阿波罗或者登月项目的宇航服。事实上，Latex公司是在与包括Goodridge公司在内的多家企业的竞争中赢得了这份合同，因此暂时成为宇航服领域最热门的公司。不仅如此，Wolgomath对自己在Goodridge的现状有些不满。首先，尽管他的薪水对很多30岁左右的人来说已经相当丰厚，但与他在Goodridge相同级别的员工相比，仍然低于平均水平；其次，他不久前要求为宇航服工作区域安装空调或过滤设备以防止灰尘进入，但被公司管理层拒绝了。
▶ 英文原文 ⏱
He knew further that Latex had recently been awarded a subcontract, amounting to some three-quarters of a million dollars, to do research and development on spacesuits for the Apollo or Man on the Moon project. As a matter of fact, Latex had won this contract in competition with Goodridge, among others, and was thus for the moment much the hottest company in the space suit field. On top of that, Wolgomath was somewhat discontented with his situation at Goodridge. For one thing, his salary, however bountiful it might seem to many thirty-year-olds, was considerably below the average for Goodridge employees of his rank, and, for another, he had been turned down not long before by the company authorities when he asked for air conditioning or filtering to keep dust out of the plant area allocated to space suit work.
根据安排，Wolgomath通过电话与就业中介提到的那些高管们进行了沟通，这些高管确实是来自Latex公司的。于是，Wolgomath在接下来的星期天去了多佛。他在那里待了一天半，把周一算作他在Goodridge公司积攒的假期。他后来形容这次经历是享受到了真正的贵宾待遇。Latex公司工业产品部的总监伦纳德·谢泼德带他参观了公司的太空服开发设施。Latex的副总裁马克斯·费勒还在家中招待了他。另一位公司高管则带他了解了多佛当地的住房情况。
▶ 英文原文 ⏱
Accordingly, after making arrangements by phone with the executives mentioned by the employment agent, and they did indeed prove to be Latexmen, Wolgomath went to Dover the following Sunday. He stayed there a day and a half, borrowing Monday from vacation time that was due him from Goodridge, and getting what he subsequently described as a real red carpet treatment. He was taken on a tour of the Latex space suit development facilities by Leonard Shepherd, director of the company's Industrial Products Division. He was entertained at the home of Max Feller, a Latex Vice President. He was shown the Dover housing situation by another company executive.
最后，在星期一午餐前，他与三位乳胶公司的高管进行了交谈。正如沃尔戈玛斯后来描述的那样，谈话结束后，三位高管走到另一个房间，大约十分钟后才出来。当他们再次出现时，其中一位向沃尔戈玛斯提供了工业产品事业部工程经理的职位，该职位负责宇航服开发，年薪为13,700美元，于十二月初生效。在电话得到了妻子的同意后，沃尔戈玛斯接受了这个职位。她的同意并不难，因为她本身就是巴尔的摩人，非常高兴能够搬回家乡。
▶ 英文原文 ⏱
Finally, before lunch on Monday, he had a talk with all three of the Latex executives following which, as Wolgomath later described, the scene in court, the three removed themselves to another room for approximately ten minutes. When they reappeared, one of them offered Wolgomath the position of manager of engineering for the Industrial Products Division, which included responsibility for space suit development at an annual salary of $13,700, effective at the beginning of December. After getting his wife's approval by telephone, and it was not hard to get, since she was originally from Baltimore and was delighted at the prospect of moving back to her own part of the world, Wolgomath accepted.
他那天晚上飞回了阿克伦。周二一大早，沃尔格马斯就把离职的消息告诉了他在固瑞驰的直接上司卡尔·埃夫勒，他说月底会辞职去另一家公司。埃夫勒问：“你是开玩笑吧？”沃尔格马斯回答：“不，我不是。”经过这段简短的对话（沃尔格马斯后来在法庭上提到过），埃夫勒按照被下属辞职的上司一贯的做法，嘟囔了一句找一个合适的人选来替代他在月底之前完成工作确实不容易。剩下的一天，沃尔格马斯在整理部门文件，对他办公桌上的未完成事务进行清理。
▶ 英文原文 ⏱
He flew back to Akron that night. First thing Tuesday morning, Wolgomath confronted Carl Efler, his immediate boss at Goodrich, with the news that he was quitting at the end of the month to take another job. Are you kidding? Efler asked. No, I am not, Wolgomath replied. Following this crisp exchange, which Wolgomath later reported in court, Efler, in the time-honored tradition of bereaved bosses, grumbled a bit about the difficulty of finding a qualified replacement before the end of the month. Wolgomath spent the rest of the day putting his department's papers in order, and clearing his desk of unfinished business.
第二天早晨，他去拜访了韦恩·加洛韦，一位固特异公司的宇航服主管。他们多年来亲密合作，一直是最友好的关系。他后来表示，他觉得有责任向加洛韦解释他自己这边的情况，虽然此时他已经不再在公司管理链中受加洛韦的直接监督。沃尔格马斯在这次会面一开始，就颇具戏剧性地递给加洛韦一个胸针，它是一个水星舱的模型，以表彰他在水星宇航服工作中的贡献。
▶ 英文原文 ⏱
And the next morning, he went to see Wayne Galloway, a Goodrich space suit executive, with whom he had worked closely, and had been on the friendliest of terms for a long time. He said later that he felt he owed it to Galloway to explain to him my side of the picture. In person, even though at the moment he was not under Galloway's supervision in the company chain of command. Wolgomath began this interview by rather melodramatically handing Galloway a lapel pin in the form of a mercury capsule, which had been awarded to him for his work on the mercury space suits.
现在他说他觉得自己不再有资格穿上它。那么为什么要离开呢？加洛韦问，沃尔格马思说很简单，因为他认为这次在乳胶公司的工作提供了更高的薪水和责任。加洛韦回答说，随着这一变动，沃尔格马思会带走两样本不属于他的东西，特别是固特异在制造太空服过程中的一些知识。在谈话中，沃尔格马思问加洛韦，如果他也收到类似的工作机会会怎么做。加洛韦回答说他也不知道。
▶ 英文原文 ⏱
Now he said he felt he was no longer entitled to wear it. Why then Galloway asked, was he leaving? Simple enough, Wolgomath said, he considered the latex offer a step up both in salary and in responsibility. Galloway replied that in making the move, Wolgomath would be taking two latex, certain things that did not belong to him, specifically knowledge of the processes that Goodrich used in making space suits. In the course of the conversation, Wolgomath asked Galloway what he would do if he were to receive a similar offer. Galloway replied that he didn't know.
他补充道，对于那种情况，如果有一伙人找上他，有一个万无一失的银行抢劫计划，他也不知道该怎么办。加洛韦说，沃尔戈马斯是基于忠诚和道德做出的决定，这让沃尔戈马斯觉得是在指责他的诚意不足。他后来说，他当时失去了冷静，给了加洛韦一个冲动的回答。他说，忠诚和道德是有代价的，而国际乳胶公司已经付出了这个代价。之后，事情就失控了。
▶ 英文原文 ⏱
For that matter, he added, he didn't know what he would do if he were approached by a group who had a foolproof plan for robbing a bank. Wolgomath had a base's decision on loyalty and ethics, Galloway said, a remark that Wolgomath took as an accusation of bad faith. He lost his temper, he later explained, and gave Galloway a rash answer. Loyalty and ethics have their price and international latex has paid it, he said. After that, the fat was in the fire.
当天上午晚些时候，埃弗勒把沃尔戈马斯叫到他的办公室，告诉他已经决定他应该尽快离开固瑞驰公司，只需留下足够的时间来列出尚未完成的项目清单，并完成某些其他手续。下午时分，沃尔戈马斯正忙于处理这些任务时，加洛韦打来电话，告诉他固瑞驰的法律部门想见他。在法律部门，他被问及是否打算为乳胶公司使用固瑞驰的机密信息。
▶ 英文原文 ⏱
Later in the morning, Efler called Wolgomath into his office and told him it had been decided that he should leave the Goodrich premises as soon as possible, staying around only long enough to make a list of projects that were pending and to go through certain other formalities. In mid-afternoon, while Wolgomath was occupied with these tasks, Galloway called him and told him that the Goodrich legal department wanted to see him. In the legal department, he was asked whether he intended to use confidential information belonging to Goodrich on behalf of latex.
根据随后一位固特异律师的宣誓书，他冷静地再次回复道：“你要如何证明呢？”然后他被告知，法律上他不能随意转向使用乳胶。他虽然没有与固特异签订常见于美国工业界的那种合同，即员工同意在一段时间内不为竞争公司从事类似工作，但他从军队回来后，签署了一份例行文件，承诺对因工作而了解的公司所有信息、记录和文件保密。
▶ 英文原文 ⏱
According to the subsequent affidavit of a Goodrich lawyer, he replied, again, rationally, how are you going to prove it? He was then advised that he was not legally free to make the move to latex. While he was not bound to Goodrich by the kind of contract common in American industry, in which an employee agrees not to do similar work for any competing company for a stated period of time, he had, on his return from the army, signed a routine paper, agreeing to keep confidential, all information, records, and documents of the company of which I may have knowledge because of my employment.
沃尔戈马特完全忘记了这一点，直到古德里奇的律师提醒了他。即使他没有签订那个协议，律师现在告诉他，根据商业机密法的既定原则，他也会被禁止为乳胶公司设计宇航服。此外，如果他坚持他的计划，古德里奇可能会起诉他。沃尔戈马特回到办公室，打电话给他在多佛见过的乳胶公司副总裁费勒。在等待电话接通时，他和进来找他的埃夫勒交谈，埃夫勒对于他的叛逃态度似乎变得更加强硬了。
▶ 英文原文 ⏱
Something Wolgomath had entirely forgotten until the Goodrich lawyer reminded him. Even if he had not made that agreement, the lawyer told him now, he would be prevented from going to work on spacesuits for latex by established principles of trade secrets law. Moreover, if he persisted in his plan, Goodrich might sue him. Wolgomath returned to his office and put in a call to feller, the latex vice president he had met in Dover. While he was waiting for the call to be completed, he talked with Efler, who would come in to see him, and his attitude toward his defection seemed to have stiffened considerably.
沃尔戈马斯抱怨说，他感到自己受制于古德里奇，他认为对方不合理地限制了他的行动自由。埃夫勒进一步让他心烦意乱，表示过去48小时发生的事情无法忘记，可能会影响他与古德里奇的未来。看起来，如果沃尔戈马斯离开，他可能会被起诉；如果不走，他又会被轻视。当接到多佛的电话时，沃尔戈马斯告诉费勒，鉴于新情况，他将无法为拉泰克斯工作。
▶ 英文原文 ⏱
Wolgomath complained that he felt at the mercy of Goodrich, which it seemed to him was unreasonably blocking his freedom of action, and Efler upset him further by saying that what had happened during the past 48 hours could not be forgotten, and might well affect his future with Goodrich. Wolgomath, it appeared, might be sued if he left, and scorned if he didn't leave. When the Dover call came through, Wolgomath told feller that in view of the new situation, he would be unable to go to work for latex.
然而，那天晚上，沃尔戈马斯的前景似乎有所好转。回到沃兹沃斯的家中，他打电话给家庭牙医，牙医推荐了一位当地的律师。沃尔戈马斯把他的情况告诉了这位律师，律师随后又打电话咨询了另一位律师。两位法律顾问一致认为古德里奇可能是在虚张声势，如果沃尔戈马斯去Latex公司，他并不会真的起诉他。次日早晨，也就是星期四，Latex公司的官员回电话告诉他，公司会承担他在诉讼中的法律费用，并且会补偿他的任何工资损失。
▶ 英文原文 ⏱
That evening, however, Wolgomath's prospects seemed to take a turn for the better. Home in Wadsworth, he called the family dentist, and the dentist recommended a local lawyer. Wolgomath told his story to the lawyer, who thereupon consulted another lawyer by phone. The two counselors agreed that Goodrich was probably bluffing, and would not really sue Wolgomath if he went to latex. The next morning, Thursday, officials of latex called him back to assure him that their firm would bear his legal expenses in the event of a lawsuit, and furthermore would indemnify him against any salary losses.
受到鼓舞后，沃尔戈马斯在接下来的几个小时内传递了两个信息：一个是当面告诉的，一个是通过电话告知的。他把两位律师告诉他的话转达给了埃夫勒，并且打电话给法务部门，通知他们他已经改变了主意，决定去国际乳胶公司工作。当天晚些时候，他收拾完办公室的东西，彻底离开了古德里奇公司，没有带走任何文件。
▶ 英文原文 ⏱
Thus emboldened, Wolgomath delivered two messages within the next couple of hours, one in person and one by phone. He told Efler what the two lawyers had told him, and he called the legal department to report that he had now changed his mind and was going to work at international latex after all. Later that day, after completing the clean up job in his office, he left the Goodrich premises for good, taking with him no documents.
第二天，也就是星期五，固瑞奇公司的总法律顾问R. G. Jeter打电话给乳胶公司的工业关系总监Emerson P. Barrett，表达了如果Wolgomath去乳胶公司工作，那么固瑞奇对其商业机密的担忧。Barrett回答说，虽然Wolgomath被聘用的工作是设计太空服，但乳胶公司对固瑞奇的商业机密并不感兴趣，他们只是看中了Wolgomath先生的综合专业能力。
▶ 英文原文 ⏱
The following day, Friday, R. G. Jeter, General Counsel of Goodrich, Telephoned Emerson P. Barrett, Director of Industrial Relations for Latex, and spoke of Goodrich's concern for its trade secrets if Wolgomath went to work there. Barrett replied that although the work for which Wolgomath was hired was designed in construction of spacesuits, Latex was not interested in learning any Goodrich trade secrets, but was only interested in securing the general professional abilities of Mr. Wolgomath.
这答案显然没有让杰特或古德里奇满意，这在接下来的星期一就显露无遗。那天晚上，沃尔戈玛在阿克伦市的一家名叫布朗德比的餐馆参加送别晚宴，这场晚宴是他的四五十位朋友为他举办的。席间，一名女服务员告诉他，外面有位先生想见他。原来，那个人是萨米特县的副警长，而阿克伦正是这个县的首府。当沃尔戈玛走出去时，那位副警长递给了他两份文件。其中一份是传票，要求他在约一周后的某个日期前往普通诉讼法院出庭。
▶ 英文原文 ⏱
That this answer did not satisfy Jeter, or Goodrich, became manifest the following Monday. That evening, while Wolgomath was in an Akron restaurant called the Brown Derby, attending a farewell dinner in his honor, given by 40 or 50 of his friends, a waitress told him that there was a man outside who wanted to see him. The man was a deputy sheriff of Summit County, at which Akron is the seat, and when Wolgomath came out, the man handed him two papers. One was a summons to appear in the court of common pleas on a date, a week, or so off.
另一个是当天由古德里奇在同一法院提交的请愿书复印件，请求法院永久禁止沃尔戈马斯做出某些行为，包括向未授权的人披露属于古德里奇的商业机密，以及为除原告之外的任何公司从事与高空压力服、航天服和类似防护服的设计、制造或销售有关的工作。
▶ 英文原文 ⏱
The other was a copy of a petition that had been filed in the same court, that day by Goodrich, praying that Wolgomath be permanently enjoined from, among other things, disclosing to any unauthorized person any trade secrets belonging to Goodrich, and performing any work for any corporation other than plaintiff relating to the design, manufacture, and or sale of high-altitude pressure suits, spacesuits, and or similar protective garments.
在中世纪，人们已经充分认识到保护商业机密的重要性。当时，行业协会对这些机密极为保护，以至于协会的雇员被严厉禁止跳槽。放任自流的工业社会，因为强调个人有权通过抓住最佳机会来实现个人发展，对跳槽行为更加宽容。不过，组织保持其秘密的权利依然保留下来了。
▶ 英文原文 ⏱
The need for the protection of trade secrets was fully recognized in the Middle Ages, when they were so jealously guarded by the craft guilds that the guild's employees were rigorously prevented from changing jobs. Leissez-Faire Industrial Society, since it emphasizes the principle that the individual is entitled to rise in the world by taking the best opportunity he has offered, has been far more lenient about job jumping. But the right of an organization to keep its secrets has survived.
在美国法律中，关于这个问题的基本原则由法官奥利弗·温德尔·霍姆斯在1905年的芝加哥案件中确立。霍姆斯写道："原告有权将其完成或支付完成的工作保留为己有，其他人即使希望做类似的工作，也无权窃取原告的成果。"这一简明直接但不算特别复杂的原则，在此后的几乎每一个商业机密案件中都被引用。
▶ 英文原文 ⏱
In American law, the basic commandment on the subject was laid down by Justice Oliver Wendell Holmes in connection with the 1905 Chicago case. Holmes wrote, The plaintiff has the right to keep the work which it has done or paid for doing to itself, the fact that others might do similar work if they wished does not authorize them to steal plaintiffs. This admirably downright, if not highly sophisticated, UKs has been cited in almost every trade secrets case that has come up since.
随着科学研究和工业组织的日益复杂，关于什么算是商业机密以及什么算是盗取商业机密的问题也变得愈加复杂。美国法律学会在1939年发布的《侵权法重述》，在面对第一个问题时表达得相当明确。该文件指出，商业机密可以是任何用于商业活动的公式、模式、设备或信息的汇编，并且这些内容能够使拥有者相比那些不知道或未使用该信息的竞争对手获得优势。
▶ 英文原文 ⏱
But over the years, as both scientific research and industrial organization have become infinitely more complex, so have the questions of what exactly constitutes a trade secret and what constitutes stealing it. The American law institutes restatement of the law of torts, an authoritative text issued in 1939, grapples manfully with the first question by stating or restating that a trade secret may consist of any formula, pattern, device, or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.
在1952年俄亥俄州的一个案件中，法院判定亚瑟·默里教授舞蹈的方法虽然独特，并且可能有助于吸引顾客远离竞争对手，但不能算作商业秘密。我们每个人都有自己做各种事情的方法，比如梳头、擦鞋、修剪草坪的方法。法院思考后得出结论，认为商业秘密不仅要独特和具有商业帮助，还必须具备内在价值。
▶ 英文原文 ⏱
But in a case heard in 1952 in Ohio court decided that the Arthur Murray method of teaching dancing, though it was unique and was presumably helpful in luring customers away from competitors, was not a trade secret. All of us have our method of doing a million things, our method of combing our hair, shining our shoes, mowing our lawn. The court mused and concluded that a trade secret must not only be unique and commercially helpful, but also have inherent value.
关于1939年在密歇根州的一起案件中涉及到的商业秘密盗窃问题，当时一家荷兰饼干机公司指控其前员工威胁要利用其高度机密的方法自行制造饼干机。初审法院判定，荷兰饼干机的制造涉及不少于三种秘密工艺，并禁止该员工以任何方式使用这些工艺。然而，在上诉中，密歇根州最高法院发现被告虽然知道这三个秘密，但他并不打算在自己的操作中使用它们，因此推翻了下级法院的决定，并撤销了禁令。
▶ 英文原文 ⏱
As for constitutes thievery of trade secrets in a proceeding heard in Michigan in 1939, in which the Dutch cookie machine company complained that one of its former employees was threatening to use its highly classified methods to make cookie machines on his own, the trial court decided that there were no fewer than three secret processes by which Dutch cookie machines were made, and enjoined the former employee from using them in any manner. However, the Michigan Supreme Court on appeal found that the defendant, although he knew the three secrets, did not plan to use them in his own operations, and accordingly it reversed the lower court's decision and vacated the injunction, and so on.
愤怒的舞蹈老师、饼干机制造商以及其他人通过美国法院表达了他们的不满，而关于保护商业秘密的法律原则已得到很好地确立。任何困难主要在于如何将这些原则应用于具体的案例中。随着私人企业研发的扩展，这类案件近年来急剧增加，一个很好的衡量扩展速度的指标是，1962年在这方面的支出达到了115亿美元，是1953年的三倍多。
▶ 英文原文 ⏱
Outraged dancing teachers, cookie machine manufacturers, and others have made their way through American courts, and the principles of law regarding the protection of trade secrets have become well established. Any difficulty arises chiefly in the application of these principles to individual cases. The number of such cases has been rising sharply in recent years, as research and development by private industry have expanded, and a good index to the rate of such expansion is the fact that eleven and a half billion dollars was spent in this work in 1962, more than three times the figure for 1953.
没有哪家公司希望自己花费大量资金得到的研究成果会通过公文包或年轻科学家的头脑流出公司，转而去寻找更好的发展机会。在19世纪的美国，据说，只要捕鼠器获得了正式专利，发明出更好捕鼠器的人就会成功。在那个技术相对简单的年代，专利几乎涵盖了商业中的所有专有权，因此涉及商业秘密的案例很少。然而，如今的“更好捕鼠器”，比如将人送入轨道或登上月球的技术流程，常常是无法申请专利的。
▶ 英文原文 ⏱
No company wants to see the discoveries produced by all that money go out of its doors in the attache cases, or even in the heads of young scientists bound for greener pastures. In 19th century America, the builder of a better mousetrap was supposed to have been a sinisher, provided, of course, that the mousetrap was properly patented. In those days of comparatively simple technology, patents covered most proprietary rights in business, so trade secrets cases were rare. The better mousetraps of today, however, like the processes involved in outfitting a man to go into orbit or to the moon, are often unpatentable.
由于Goodrich诉Wilgomoth案的审判结果可能影响成千上万的科学家和数十亿美元，因此它自然引起了公众的极大关注。在阿克伦，这个案件的庭审在当地报纸《灯塔日报》和人们的谈话中都被热烈讨论。Goodrich是一家历史悠久的公司，在与员工的关系中一直带有很强的家长作风，并对其认为的商业道德有着深刻的看法。最近一位在Goodrich工作多年的高管表示：“我们对Wilgomoth的所作所为感到特别不满。”
▶ 英文原文 ⏱
Since thousands of scientists and billions of dollars might be affected by the results of the trial of Goodrich V. Wilgomoth, it naturally attracted an unusual amount of public attention. In Akron, the court proceedings were much discussed, both in the local paper, the Beacon Journal, and in conversation. Goodrich is an old-line company, with a strong streak of paternalism in its relations with its employees, and with strong feelings about what it regards as business ethics. We were exceptionally upset by what Wilgomoth did, a Goodrich executive of long-standing said recently.
在我看来，这件事情给公司带来的担忧超过了多年来的任何事情。实际上，在古德里奇经营的93年历史中，我们从未起诉过前员工以阻止其泄露商业机密。以往，虽然也有很多员工离开我们去往其他敏感职位，但那些雇佣他们的公司都能认识到自己的责任。
▶ 英文原文 ⏱
In my judgment, the episode caused more concern to the company than anything that has happened in years. In fact, in the 93 years that Goodrich has been in business, we had never before entered a suit to restrain a former employee from disclosing trade secrets. Of course, many employees and sensitive positions have left us, but in those cases the companies doing the hiring have recognized their responsibilities.
有一次，一位Goodrich公司的化学家在某种情况下开始为另一家公司工作，这让我们觉得他可能会使用我们的方法。我们与这个人以及他的新雇主进行了沟通。结果是，那家竞争公司并没有推出他们雇佣我们的员工来研发的产品。这表现了该员工和公司的负责态度。至于Wilgomoth案件，当地社区和我们的员工起初对我们有些不满，觉得大公司在起诉小人物等等，但他们后来逐渐理解了我们的立场。
▶ 英文原文 ⏱
On one occasion, a Goodrich chemist went to work for another company under circumstances that made it appear to us that he was going to use our methods. We talked to the man and to his new employer, too. The upshot was that the competing company never brought out the product it had hired our man to work on. That was responsible conduct on the part of both employee and company. As for the Wilgomoth case, the local community and our employees were a bit hostile toward us at first. A big company suing a little guy and so on, but they gradually came around to our point of view.
在阿克伦市以外，人们对该案件表现出了浓厚的兴趣，这从寄给固特异公司法律部门的一些咨询信件中可以看出。这些信件表明，"固特异诉威尔戈莫斯"案被视为风向标。来信中有些是来自有类似问题或预见到可能会有类似问题的公司的询问。还有一个令人惊讶的现象是，有相当数量的信件是年轻科学家的亲属发来的，他们在问：这是否意味着我的孩子要在当前的工作中待一辈子？
▶ 英文原文 ⏱
Interest outside Akron, which was evidenced by a small flood of letters of inquiry about the case, addressed to the Goodrich legal department, made it clear that Goodrich v. Wilgomoth was being watched as a bellwether. Some inquiries were from companies that had similar problems, or anticipated having them. And a surprising number were from relatives of young scientists asking, does this mean my boy is stuck in his present job for the rest of his life?
实际上，一个重要的问题悬而未决，而审理此案的法官无论如何决策都可能遇到麻烦。一方面的风险是，如果公司研究中获得的发现无法得到保护，最终可能导致私人研究资金枯竭。另一方面的风险是，由于科学家的多样性和创造力，他们可能会陷入一种令人遗憾的、可能违宪的智识奴役状态，永远无法摆脱。这些科学家因为掌握了太多信息而被禁止跳槽。
▶ 英文原文 ⏱
In truth, an important issue was at stake, and pitfalls awaited the judge who heard the case no matter which way he decided. On one side was the danger that discoveries made in the course of corporate research might become unprotectable, a situation that would eventually lead to the drying up of private research funds. On the other side was the danger that thousands of scientists might, through their variability and ingenuity, find themselves permanently locked in a deplorable and possibly unconstitutional kind of intellectual servitude. They would be barred from changing jobs because they knew too much.
审判于 11 月 26 日在阿克伦开始，由法官弗兰克·H·哈维主持，像所有类似的审判一样，没有陪审团，全程都由法官审理，审判持续到 12 月 12 日，中间有一周的休庭。威尔戈莫斯原定于 12 月 3 日在莱泰克斯开始工作，但根据与法院的自愿协议，他留在了阿克伦，并大量为自己辩护作证。在该案件的关键地点，对于古德里奇公司寻求的救济形式，以及任何秘密被偷窃的人能够获得的主要救济形式，是源于罗马法的一种补救措施，基本上称为禁令，在苏格兰仍然如此。古德里奇公司的要求实际上是希望法院发出直接命令，不仅禁止威尔戈莫斯泄露公司的秘密，还禁止他在其他任何公司的太空服部门就业。任何违反该命令的行为将构成藐视法庭，可能被处以罚款或监禁，或者两者兼有。
▶ 英文原文 ⏱
The trial held in Akron, presided over by Judge Frank H. Harvey, and conducted, like all proceedings of its type, without a jury, began on November 26th and continued through December 12th, with the week's recess in the middle. Wilgomoth, who was supposed to have started work at Latex on December 3, remained in Akron under a voluntary agreement with the court, and testified extensively in his own defense. In Junction, the form of relief that was sought by Goodrich, and the chief form of relief that is available to anyone whose secrets have been stolen, is a remedy that originated in Roman law. It was basically called interdict, and is still so called in Scotland. What Goodrich was asking, in effect, was that the court issue a direct order to Wilgomoth not only forbidding him to reveal Goodrich's secrets, but also forbidding him to take employment in any other company's spacesuit department. Any violation of such an order would be contempt of court, punishable by a fine or imprisonment, or both.
就有多么严肃对待这个案件显得特别清楚，当Goodrich的律师团队由杰特本人主持时。这位公司副总裁兼秘书，是公司在专利法、普通法、员工关系、工会关系和工伤赔偿方面的最终权威，也在几乎所有其他事务方面有重要影响力。然而，他已经十年没有亲自出庭打过官司了。首席辩护律师是来自阿克伦律师事务所的理查德·A·切诺威斯，这家事务所虽然不是这起诉讼中的被告，却根据对Wilgomoth的承诺被乳胶公司委托负责此案。从一开始，双方就认识到，如果Goodrich想要胜诉，首先必须证明它拥有商业机密。其次，Wilgomoth也拥有这些机密，并且存在泄露的重大风险。最后，它必须证明如果不授予禁令救济将会遭受无法弥补的损害。
▶ 英文原文 ⏱
Just how seriously Goodrich viewed the case became clear when its team of lawyers proved to be headed by Jeter himself, who, as Vice President, Secretary, the company's ultimate authority on patent law, general law, employee relations, union relations, and workman's compensation, and Lord High practically everything else, had not found time to try a case in court himself for 10 years. The Chief Defense Counsel was Richard A. Chenoweth of the Akron law firm of Buckingham Doolittle and Burroughs, which Latex, though it was not a defendant in the action, had retained to handle the case in fulfillment of its promise to Wilgomoth. From the outset, the two sides recognized that if Goodrich was to prevail, it had to prove first that it possessed trade secrets. Second, that Wilgomoth also possessed them, and that a substantial peril of disclosure existed, and third, that it would suffer irreparable injury if injunctive relief was not granted.
关于第一点，Goodrich公司的律师通过对Efler Galloway和另一名公司员工的质询，试图证明Goodrich公司拥有多项无可争辩的太空服秘密技术，包括制造太空头盔硬壳的方法、头盔面罩密封技术、袜口设计、手套内衬制作、头盔与太空服的连接方式，以及一种将耐磨材料氯丁橡胶涂在双向弹力织物上的技术。Wilgomoth的律师在交叉质询中试图表明，这些工艺并不是什么秘密。比如在氯丁橡胶工艺上，Efler曾描述该技术为Goodrich公司的重要商业秘密，但辩护方提供了证据，证明一款名为Platex Golden Girdle的普通乳胶产品也使用了氯丁橡胶和双向弹力织物，并不是什么秘密，更不是为外太空设计的。为了强调这一点，Chenoweth还展示了一款Platex Golden Girdle以供众人查看。
▶ 英文原文 ⏱
On the first point, Goodrich attorneys, through their questioning of Efler Galloway and one other company employee, set out to establish that Goodrich had a number of unassailable spacesuit secrets, among them a way of making the hard shell of a space helmet, a way of making the visor seal, a way of making a sock ending, a way of making the inner liner of gloves, a way of fastening the helmet on to the rest of the suit, and a way of applying a wear-resistant material called neoprene to two-way stretch fabric. Wilgomoth, through his council's cross-examinations, sought to show that none of these processes were secrets at all. For example, in the case of the neoprene process, which Efler had described as a very critical trade secret of Goodrich, defense council brought out evidence that a latex product that is neither secret nor intended to be worn in outer space, the Platex Golden Girdle, was made of two-way stretch fabric with neoprene applied to it, and to emphasize the point, Chenoweth introduced a Platex Golden Girdle for all to see.
双方都没有忽视在法庭上展示各自的宇航服，当然宇航服里都有穿着的人。Goodrich公司的宇航服是1961年的型号，旨在展示公司通过研究所取得的成就，并防止其秘密被泄露。乳胶公司的宇航服也是1961年的型号，希望借此证明乳胶技术在宇航服开发上已经超过了Goodrich，因此没有动机去窃取他们的秘密。乳胶宇航服看上去特别奇怪，穿着它出庭的员工显得极度不适，好像他不习惯地球或者阿克伦的空气。根据《信标报》第二天的报道，他的通气管没有接上，他非常热。无论如何，在他坐了10到15分钟受累时，辩护律师正在询问有关他服装的问题，突然之间他做出了痛苦的手势指着自己的头。之后在法庭上的记录，可能是法律史上独一无二的场景，读起来像这样：
宇航服中的人：我可以脱掉这个吗？头盔。
法官：好。
▶ 英文原文 ⏱
Nor did either side neglect to bring to court a spacesuit, in each instance inhabited. The Goodrich suit, a 1961 model, was intended to demonstrate what the company had achieved by means of research, research that it did not want to see compromised through the loss of its secrets. The latex suit, also a 1961 model, was intended to show that latex was already ahead of Goodrich in spacesuit development, and would therefore have no interest in stealing Goodrich's secrets. The latex suit was particularly bizarre-looking, and the latex employee who wore it in court looked almost excruciatingly uncomfortable, as if he were unaccustomed to the air of Earth, or of Akron. His air tubes weren't hooked up, and he was hot, the Beacon Journal explained the next day. At any rate, after he had sat suffering for 10 or 15 minutes, while defense counsel questioned the witness about his costume, he suddenly pointed in an agonized way to his head, and the court record of what followed, probably unique in the annals of jurisprudence, reads like this: Man in the spacesuit. May I take this off? Helmet. The court. All right.
Goodrich 要证明 Wilgomath 知晓其秘密的第二个要素很快就得到了解决，因为 Wilgomath 的律师承认，公司关于航天服的知识几乎都没有对他保密。他们的辩护首先基于一个无可争议的事实，即他没有带走任何文件，其次是他即使想要，也不太可能记住复杂科学过程的细节。在第三个要素，即不可弥补的损害方面，Jeter 指出，Goodrich 是该领域无可争议的开拓者。自1934年为已故的Wiley Post的高空实验制作了历史上第一个全压飞行服以来，已经投入了大量资金进行航天服的研究和开发，并且一直被认为是该领域的领导者。
▶ 英文原文 ⏱
The second element in Goodrich's burden of proof that Wilgomath was privy to Goodrich's secrets was fairly quickly dealt with because Wilgomath's lawyers conceded that hardly anything the company knew about spacesuits had been kept from him. They based their defense on first the unquestioned fact that he had taken no papers away with him, and second, the unlikelihood that he would be able to remember the details of complex scientific processes even if he wanted to. On the third element, the matter of irreparable injury, Jeter pointed out that Goodrich, which had made the first full pressure flying suit in history for the late Wiley Post's High Altitude Experiments in 1934, in which had since poured vast sums into spacesuit research and development, was the unquestioned pioneer and had, up to then, been considered the leader in the field.
他试图将喷漆乳胶描述为一个暴发户，这家公司自50年代中期以来一直在制作防护服，并计划通过雇用Wilgomath来偷取Goodrich多年的研究成果。即便乳胶公司和Wilgomath的意图是好的，Jeter认为，Wilgomath在乳胶公司的太空服部门工作期间不可避免地会泄露Goodrich的秘密。无论如何，Jeter不愿意假设他们有好意。他认为乳胶公司主动接触Wilgomath，以及Wilgomath对Galloway关于忠诚和道德的价值的表态，都是他们不良意图的证据。
▶ 英文原文 ⏱
He tried to paint latex, which had been making full pressure suits only since the mid-50s, as a parvenu, with the nefarious plan of cashing in on Goodrich's years of research by hiring Wilgomath. Even if the intentions of latex and Wilgomath were the best in the world, Jeter contended, Wilgomath would inevitably reveal Goodrich's secrets in the course of working in latex's spacesuit department. In any event, Jeter was unwilling to assume good intentions. As evidence of bad ones, there was, and the part of latex, the fact that the firm had deliberately sought out Wilgomath, and on the part of Wilgomath, the statement he had made to Galloway about the price of loyalty and ethics.
辩方对泄露机密将不可避免的说法表示质疑，并且强调任何人都没有恶意。辩方还在法庭上通过威尔戈马斯宣誓的声明来完成辩护。威尔戈马斯说：“我绝不会向国际乳胶透露我认为属于B.F. Goodrich公司商业机密的任何信息。”然而，这不足以让Goodrich公司安心。在听取了律师的总结陈述后，哈维法官决定延后裁决，同时下达了一项临时命令，禁止威尔戈马斯透露所谓的机密或参与乳胶宇航服项目的工作。
▶ 英文原文 ⏱
The defense disputed the contention that a disclosure of secrets would be inevitable, and of course, denied evil intentions on anyone's part. It rounded out its case with a statement made in court under oath by Wilgomath. I will not reveal, to international latex, any items which, in my own mind, I would consider to be trade secrets of the B.F. Goodrich company. This, of course, was cold comfort to Goodrich. Having heard the evidence in the lawyer's summations, Judge Harvey reserved a decision until a later date, an issued in order temporarily forbidding Wilgomath to reveal the alleged secrets or to work in the latex spacesuit program.
他可以加入乳胶公司的工资单，但在法院作出裁决之前，他必须避开太空服项目。12月中旬，威尔戈马斯独自一人去了多佛，为乳胶公司负责其他产品的工作。他在1月初成功在沃兹沃斯卖掉了房子，并在多佛买了一套新房后，他的家人也跟他一起搬到了新环境。同时，在阿克伦，律师们在法庭文件中激烈辩论，希望能够说服哈维法官。关于法律的各种细节被深入讨论，但没有明确的结论。然而，随着辩论的深入，案件的核心问题越来越清晰，其实很简单。
▶ 英文原文 ⏱
He could go on the latex payroll, but he had to stay out of spacesuits until the court's decision was handed down. In mid-December, Wilgomath, leaving his family behind, went to Dover, and began working for latex on other products. Early in January, by which time, he had succeeded in selling his house in Wadsworth and buying one in Dover, his family joined him at his new stand. In Akron, meanwhile, the lawyers had at each other in briefs intended to sway Judge Harvey. Various fine points of law were debated, learnedly but inconclusively. Yet, as the briefs wore on, it became increasingly clear that the essence of the case was quite simple.
从实际情况来看，对于事实本身并没有争议。争议的焦点在于两个问题的答案。首先，是否应该在一个人尚未泄露商业机密、且意图不明确时，就对其进行正式限制？其次，是否仅因为某个工作给人带来破坏法律的独特诱惑，就应该阻止他们从事该工作？为此，辩护律师查阅了法律书籍，找到了完美支持其观点的文献引用，认为这两个问题的答案应该是否定的。与其他法院的判决不同，法律教科书作者的总体论述在任何法院中都没有官方效力，但是通过谨慎使用它们，辩护者可以用别人的话表达自己的观点，并通过书目参考来支持这些观点。
▶ 英文原文 ⏱
For all practical purposes, there was no controversy over the facts. What remained in controversy was the answers to two questions. First, should a man be formally restrained from revealing trade secrets when he has not yet committed any such act, and when it is not clear that he intends to? And secondly, should a man be prevented from taking a job simply because the job presents him with unique temptations to break the law? Having scoured the law books, counsel for the defense found exactly the text quotation they wanted in support of the argument that both questions should be answered in the negative. Unlike the decisions of other courts, the general statements of the authors of law textbooks have no official standing in any court, but by using them judiciously, an advocate can express his own opinions in someone else's words and buttress them with bibliographical references.
这段引用来自一本名为《商业秘密》的书籍，由一位名叫里兹代尔·埃利斯的律师撰写，并于1953年出版。书中部分内容提到，通常情况下，前雇主只有在有证据表明跳槽的员工未遵守其明示或默示的保密合同时，才能采取行动。在侵权法中，有一种说法是“每只狗都有第一次咬人的机会”。一只狗在咬人之前不能被认为是凶猛的，正如狗一样，前雇主可能需要等待前员工做出某些明显的违法行为后才能采取措施。
▶ 英文原文 ⏱
The quotation was from a text entitled Trade Secrets, which was written by a lawyer named Ridsdale Ellis and published in 1953, and it read in part, usually it is not until there is evidence that the employee, who has changed jobs, has not lived up to his contract, expressed or implied to maintain secrecy that the former employer can take action. In a law of torts, there is the maxim, every dog has one free bite. A dog cannot be presumed to be vicious until he has proved that he is by biting someone, as with a dog the former employer may have to wait for a former employee to commit some overt act before he can act.
为了反驳这一理论，虽然这不仅具有图画般的吸引力，还在争论的案例中看似有着精准的适用性，Goodrich的律师从同一本书中找到了他们自己的引用。《艾利斯关于商业机密》是律师们在书面辩论中提及的书，两方不断利用这本书来攻击对方。这是有充分理由的，因为这本书是Summit县法律图书馆中仅有的关于该主题的文本，两方的大部分研究都是在那里进行的。为了支持他们的立场，Goodrich的律师发现，艾利斯曾在涉及商业机密案件中说过，如果被告是一家被指控引诱另一家公司机密员工的公司，而该机密员工离职后加入了被告公司，那么根据其他间接证据可以推断，被告的雇佣动机是为了获取原告的机密。
▶ 英文原文 ⏱
To counter this doctrine, which besides being picturesque, appeared to have a crushingly exact applicability to the case under dispute, Goodrich's lawyers came up with a quotation of their own from the very same book. Ellis on Trade Secrets, as the lawyers referred to it in their briefs, was repeatedly used by the two sides to belabor each other. For the good reason that, it was the only text on the subject available in the Summit County Law Library, where both sides did the bulk of the research. In support of their cause, Goodrich Council found that Ellis had said, in connection with Trade Secrets cases, in which the defendant was a company accused of luring away another company's confidential employee. Where the confidential employee left to enter defendant's employment, an inference can be drawn to supplement other circumstantial evidence that the latter employment was stimulated by desire by the defendant to learn plaintiff's secrets.
换句话说，Ellis显然认为当情况看起来可疑时，不应给予"一次免费的机会"。至于他是否自相矛盾还是仅仅是对立场进行细化，这值得探讨。Ellis本人在几年前就去世了，因此无法就此事咨询他。1963年2月20日，在研究了案卷并进行了一番审议后，Harvey法官做出了他的裁决，以一篇充满悬念的九页文章形式呈现。首先，法官写道，他相信Goodrich公司确实拥有与宇航服相关的商业机密，而Wilgomath可能还记得一些这些机密，因此可能会将其泄露给Latex公司，给Goodrich造成不可弥补的损害。他进一步声明，毫无疑问Latex公司正试图利用Wilgomath在这个特殊专业领域的宝贵经验，因为他们拥有与政府签订的所谓阿波罗合同。
▶ 英文原文 ⏱
In other words, Ellis apparently felt that when the circumstances look suspicious, one free bite is not permitted. Whether he contradicted himself or merely refined his position is a nice question. Ellis himself had died several years earlier, so it was not possible to consult him on the matter. On February 20, 1963, having studied the briefs and deliberated on them, Judge Harvey delivered his decision, in the form of a nine-page essay fraught with suspense. To begin with, the judge wrote, he was convinced that Goodrich did have Trade Secrets relative to spacesuits, and that Wilgomath might be able to remember, and therefore be able to disclose some of them to Latex, to the irreparable injury of Goodrich. He declared further that there isn't any doubt that the Latex Company was attempting to gain Wilgomath's valuable experience in this particular specialized field for the reason that they had this so-called Apollo contract with the government.
毫无疑问，如果他被允许在乳胶公司的航天服部门工作，他将有机会泄露B.F.古德里奇公司的机密信息。而且，哈维法官从乳胶公司代表在法庭上的表现中，察觉到该公司确实意图让威尔戈马斯透露他所掌握的各种信息。在此观点下，辩方的形势看起来相当不妙。然而，法官在认真研究律师们关于“一次性许可”争议后得出的结论是：除非有明确且实质的证据表明被告有恶意，否则不能在机密信息泄露之前发出禁制令。
▶ 英文原文 ⏱
And there isn't any doubt that if he is permitted to work in the spacesuit division of the Latex Company, he would have an opportunity to disclose confidential information of the B.F. Goodrich Company. Still further, Judge Harvey was convinced by the attitude of Latex, as this was evidenced by the conduct of its representatives in court, that the company intended to try to get Wilgomath to give it the benefit of every kind of information he had. At this point in the opinion, things certainly look black for the defense. However, and the judge was well down page six before he got to the however, what he had concluded after studying the one free-bite controversy among the lawyers was that in injunction cannot be issued against disclosure of trade secrets before such disclosure has occurred unless there is clear and substantial evidence of evil intent on the part of the defendant.
在本案中，法官指出，被告是威尔戈玛特，如果涉及任何恶意行为，似乎应归咎于Latex，而不是他出于这个原因，外加一些技术性的考虑，法庭的观点和命令是拒绝对被告颁发禁令。古德里奇立即对这一决定提出上诉，而峰会县上诉法院在其对案件的最终裁决前，再次颁发了限制令。该命令与哈维法官的不同之处在于，它允许威尔戈玛特为Latex从事宇航服相关工作，但仍禁止他泄露古德里奇所谓的商业机密。因此，威尔戈玛特在初步胜利后，但面临新的法律斗争之际，开始在Latex的太空服车间工作。
▶ 英文原文 ⏱
The defendant in this case, the judge pointed out, was Wilgomath, and if any evil intent was involved, it appeared to be attributable to Latex rather than to him. For this reason, along with some technical ones, he wound up, it is the view and the order of this court that injunction be denied against the defendant. Goodrich promptly appealed the decision, and the Summit County Court of Appeals, pending its own decision on the case, issued another restraining order, which differed from Judge Harvey's in that it permitted Wilgomath to do space-suit work for Latex, but still forbade him to disclose Goodrich's alleged trade secrets. Accordingly, Wilgomath, with an initial victory under his belt but with a new legal struggle on his behalf ahead, went to work in the Latex Moonsuit shop.
杰特和他的同事在向上诉法院提交的简报中明确表示，哈维法官的裁决不仅在某些技术细节上是错误的，而且他所认定的在颁发禁令之前必须有被告恶意证据的要求也是错误的。需要解决的问题不在于是否存在善意或恶意，而在于是否存在商业机密被泄露的威胁或可能性，古德里奇的简报坚定地宣称这一点。然而，考虑到公司为了证明拉泰克斯和威尔戈马斯的恶意所投入的时间和精力，这种说法显得有些自相矛盾。威尔戈马斯的律师当然没有放过指出这种矛盾的机会。他们在简报中指出，古德里奇居然对哈维法官的这一裁决提出异议，确实让人感到奇怪。
▶ 英文原文 ⏱
Jeter and his colleagues in their brief to the Court of Appeals stated unequivocally that Judge Harvey had been wrong, not only in some of the technical aspects of his decision, but in his finding that there must be evidence of bad faith on the defendant's part before an injunction can be granted. The question to be decided is not one of good or bad faith, but rather whether there is a threat or a likelihood that trade secrets will be disclosed, the Goodrich brief declared roundly, and a little inconsistently, in view of all the time and effort the company had expended on attempts to pin bad faith on both Latex and Wilgomath. Wilgomath's lawyers, of course, did not fail to point out the inconsistency. It seems strange indeed that Goodrich should find fault with this finding of Judge Harvey, they remarked in their brief.
显然，他们对哈维法官的感情非常温柔，甚至有点偏向保护。上诉法院的裁决在5月22日公布。由阿瑟·W·道尔法官撰写，并得到法院另外两位同事的同意，该裁决部分推翻了哈维法官的决定。法院认为，即使没有实际泄露，仍然存在泄露的现实威胁，因此可以通过禁令来防止未来的错误。因此，法院批准了一项禁止令，限制威尔戈马斯向莱泰克斯公开任何由古德里奇声称为商业秘密的工艺和信息。另一方面，道尔法官写道，我们毫不怀疑威尔戈马斯有权在竞争性企业谋职，并利用除了商业秘密之外的知识和经验为新雇主谋利益。简单来说，威尔戈马斯终于可以自由地接受在莱泰克斯做太空服工作的永久职位，只要他在工作过程中不泄露古德里奇的秘密即可。
▶ 英文原文 ⏱
Quite clearly, they had conceived for Judge Harvey feeling so tender as to border on the protective. The decision of the Court of Appeals was handed down on May 22. Written by a Judge Arthur W. Doyle, with his two colleagues of the Court concurring, it was a partial reversal of Judge Harvey. Finding that there exists a present real threat of disclosure, even without actual disclosure, and that an injunction may prevent a future wrong, the Court granted an injunction that restrained Wilgomath from disclosing to Latex any of the processes and information claimed as trade secrets by Goodrich. On the other hand, Judge Doyle wrote, We have no doubt that Wilgomath had the right to take employment in a competitive business and to use his knowledge other than trade secrets and experience for the benefit of his new employer. Plainly put, Wilgomath was at last free to accept a permanent job doing space suit work for Latex, provided only that he refrained from disclosing Goodrich secrets in the course of his work.
双方都没有将案件从萨米特县上诉法院上诉至俄亥俄州最高法院，也没有进一步上诉至美国最高法院。因此，随着上诉法院的裁决，Wilgomath案得到了解决。公众对该案的兴趣在审判结束后不久就减淡了，但专业人士的兴趣却不断增强，尤其是在五月上诉法院做出裁决后更是如此。三月份，纽约市律师协会与美国律师协会合作举办了一场以Wilgomath案为焦点的商业秘密研讨会。在那一年的后几个月里，雇主们非常担心商业秘密的泄露，因而对前雇员提起了许多诉讼，显然是以Wilgomath案的裁决为先例。一年后，有20多个有关商业秘密的案件在法院等待审理，其中最受关注的是E.I. DuPont、Dinamour和公司阻止其前研究工程师参与美国钾盐化学公司某些稀有颜料生产的努力。
▶ 英文原文 ⏱
Neither side carried the case above the Summit County Court of Appeals to the Ohio Supreme Court and beyond that to the United States Supreme Court. So with the decision of the Appeals Court, the Wilgomath case was settled. Public interest in it subsided soon after the trial was over, but professional interest continued to mount, and of course it mounted still more after the Appeals Court decision in May. In March, the New York City Bar Association, in collaboration with the American Bar Association, had presented a symposium on trade secrets with the Wilgomath case as its focus. In the later months of that year, employers worried about loss of trade secrets brought numerous suits against former employees, presumably relying on the Wilgomath decision as a precedent. A year later, there were more than two dozen trade secrets cases pending in the courts, the most publicized of them being the effort of E.I. DuPont, Dinamour, and Company to prevent one of its former research engineers from taking part in the production of certain rare pigments for the American Potash and Chemical Corporation.
可以合理地推测，Jeter 可能会担心上诉法院命令的执行问题。或许会害怕 Wilgomath 会在封闭的乳胶实验室里工作，并可能对 Goodrich 心怀不满，因而无视命令，认为自己不会被发现。然而，Jeter 看待问题的方式并不是这样。除非获得相反的信息，否则我们假定 Wilgomath 和国际乳胶都了解法院命令，并会遵守法律。Jeter 在案件结束后表示，Goodrich 并没有采取具体措施来监督命令的执行，也没有计划这样做。不过，如果命令被违反，有多种方式可能会让我们发现。毕竟，Wilgomath 在与其他人一起工作中，而在大约二十五名员工中，不断有人与他接触，其中一两个人可能会在几年内离开乳胶公司。此外，你还能从同时与乳胶和 Goodrich 合作的供应商以及客户那里获得很多信息。不过，我认为这个命令不会被违反。
▶ 英文原文 ⏱
It would be logical to suppose that Jeter might be worried about enforcement of the Appeals Court's order. Might be afraid that Wilgomath, working behind the locked door of the latex laboratory, and perhaps nursing a grudge against Goodrich, would take his one free bite in spite of the order on the assumption that he would not be caught. However, Jeter didn't look at things that way. Until, and unless we learn otherwise, we assume that Wilgomath and international latex, both having knowledge of the court order will comply with the law. Jeter said after the case was concluded, no specific steps by Goodrich to police the enforcement of the order have been taken, or are contemplated. However, if it should be violated, there are various ways in which we would be likely to find out. Wilgomath, after all, is working with others who come and go. Out of perhaps twenty-five employees, in constant touch with him, it's likely that one or two will leave latex within a couple of years. Furthermore, you can learn quite a lot from suppliers who deal with both latex and Goodrich, and also from customers. However, I do not feel that the order will be violated.
威尔戈马斯经历了一场诉讼，对他来说这是一段特别的经历。他现在了解了法律赋予他的责任，而在此之前他可能还不太清楚。威尔戈马斯在1963年末表示，自从案件结束以来，他收到了许多来自其他从事工业工作的科学家的询问。他们的问题大意是：这场官司是不是意味着我需要把工作当成婚姻一样看待？对此，威尔戈马斯告诉他们，这个问题需要他们自己去琢磨。威尔戈马斯还说，法院的命令对他在乳胶太空服部门的工作没有影响。命令中并没有具体说明Goodrich的秘密是什么，因此他选择把他们所指称的秘密当成真正的秘密来对待。不过，他也表示，避免泄露这些信息并没有影响到他的工作效率。
▶ 英文原文 ⏱
Wilgomath has been through a lawsuit. It was quite an experience for him. He now knows his responsibilities under the law, which he may not have known before. Wilgomath himself said late in 1963 that since the conclusion of the case, he had received a great many inquiries from other scientists working in industry. The gist of their questions being, does your case mean that I'm married to my job? He told them that they would have to draw their own conclusions. Wilgomath also said that the court order had had no effect on his work in the latex space suit department. Precisely what the Goodrich secrets are is not spelled out in the order, and therefore I've acted as if all the things they allege to be secrets actually are secrets, he said. Nevertheless, my efficiency is not impaired by my avoiding disclosure of those things.
例如，使用聚氨酯作为内衬，这个工艺是Goodrich声称的商业机密。之前，乳胶曾尝试过这种方法，但发现效果不佳。所以它没有继续对此进行研究，也仍然没有计划这么做。对于乳胶而言，我的效果就好像从未有过禁令一样。
▶ 英文原文 ⏱
Take, for example, the use of polyurethane as an inner liner, a process that Goodrich claimed as a trade secret. That was something latex had tried previously and found unsatisfactory. Therefore, it wasn't planning to investigate further along those lines, and it still isn't. I am just as effective for latex as if there had never been an injunction.
不过，我想说的是，如果现在有其他公司给我更好的工作机会，我肯定会非常仔细地考虑这个问题，而不是像上次那样轻率行事。Wilgomath，现在经过审判后的Wilgomath，说话明显缓慢而紧张，总是长时间停顿思考，仿佛一个错误的词可能会给他带来厄运。
▶ 英文原文 ⏱
However, I will say this. If I were to get a better offer from some other company now, I'm sure I would evaluate the question very carefully, which is what I didn't do the last time. Wilgomath, the new post-trial Wilgomath, spoke in a noticeably slow, tense way with long pauses for thought, as if the wrong word might bring lightning down on his head.
他是一个对未来有强烈归属感的年轻人，期待能够在将人类送上月球这项事业中做出实际贡献。如果可能的话。同时，Jeter可能是对的。他也是一个最近花了将近六个月时间在法律纠纷中的人，并且工作时总是牢记，一句口误可能会导致罚款、监禁和职业生涯的毁灭。
▶ 英文原文 ⏱
He was a young man with a strong sense of belonging to the future, and he looked forward to making, if he could, a material contribution to putting man on the moon. At the same time, Jeter may have been right. He was also a man who had recently spent almost six months in the toils of the law, and who worked and would continue to work in the knowledge that a slip of the tongue might mean a fine, imprisonment, and professional ruin.