Sergey Aleynikov, a former Goldman Sachs computer programmer who stole source code for Goldman’s high-frequency trading (HFT) system, has managed to evade criminal charges once again. The New York Supreme Court (the trial court in the Empire State) has dismissed charges against him under a state law prohibiting “unlawful use of secret scientific material,” following a jury’s conviction of him on one of those charges. This ruling marks the latest twist in Aleynikov’s long-running legal battle, in which the U.S. Court of Appeals for the Second Circuit already vacated Aleynikov’s convictions under federal Economic Espionage Act and National Stolen Property Act. The New York court found that prosecutors had failed to prove both that Aleynikov had made a “tangible reproduction or representation” of secret scientific material (as required by the statute) and that he had displayed the “intent to appropriate” its use. The court noted that the dated statutory language precludes computer code from being considered “tangible” and therefore protected under intellectual property and trade secrets law. It remains to be seen whether New York lawmakers will follow Congress’s example and amend the statute to bring it into the digital age.