“We decline to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age,” the court wrote.
The court suggested it might have reached a different conclusion if Aleynikov had smuggled the source code out of the building on a CD or thumb drive. But because he uploaded the source code via the Internet, it could not be described as “goods, wares,” or “merchandise.”
Much more:
http://arstechnica.com/tech-policy/news/2012/04/a-federal-appeals-court-has-2.ars
