As used in this chapter:
(1) |
“Control” means:
Terms Used In Utah Code 13-5a-102
(a) |
ownership of more than 5% of the voting shares or ownership interests of an entity; |
(b) |
the power to vote more than 5% of the voting shares of an entity; or |
(c) |
the ability to influence the management of an entity. |
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(2) |
“Depository institution” is as defined in Section 7-1-103. |
(3) |
“Malicious cyber activity” means:
(a) |
the unlawful use of computing resources to intimidate or coerce others; |
(b) |
accessing a computer without authorization or exceeding authorized access; |
(c) |
willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access; and |
(d) |
intentionally or recklessly:
(i) |
intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or |
(ii) |
intends to materially cause damage or disruption to any computing resources indirectly through another party’s computing resources. |
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(4) |
(a) |
Except as provided in Subsection (4)(b), “unfair competition” means an intentional business act or practice that:
(i) |
(A) |
is unlawful, unfair, or fraudulent; and |
(B) |
leads to a material diminution in value of intellectual property; and |
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(ii) |
is one of the following:
(A) |
malicious cyber activity; |
(B) |
infringement of a patent, trademark, or trade name; |
(C) |
a software license violation; or |
(D) |
predatory hiring practices. |
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(b) |
Notwithstanding Subsection (4)(a), “unfair competition” does not include the departure and hiring of an employee by a competitor. |
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Amended by Chapter 340, 2011 General Session