Rarely do decisions of one arbitrator act as precedence that binds another arbitrator. The terms of an implied agreement are made objective by the parties' acts, words, and circumstances. The Police Power is the power of the States' to regulate to protect the People's health, safety, morals, and general welfare. The government always is the plaintiff in a crime. The government must prove beyond a reasonable doubt that the defendant committed an act that the legislature previously made criminal and that the defendant committed this act with the necessary intent.
Criminal intent requires capacity and knowledge.
The amount of capacity required for a crime is greater than the amount of capacity required for a tort. Lastly, the government must over come any reasonable doubts created by defenses raised by the defendant. Reverse engineering defeats a trade secret because reverse engineering is a lawful means of obtaining the secret. If only one person reverse engineers a trade secret solely for their own trade secret purposes, then the original trade secret owner still owns a trade secret. First, that the individual is more important than government.