Although the question is - obviously the ex-employee is likely to be found guilty of copyright infringement (civilly or criminally or both). But what is the copyright status of the resulting work? Does its infringing origins condemn it to always be infringing? Or at some point if it is refactored/rewritten enough it ceases to so be?
Imagine the ex-employee open sources it, and I’m an innocent third party using that code base, ignorant of its unlawful origins. Am I infringing their ex-employers copyright (even if unintentionally)? For (2), obviously “yes”. But what about (3) or (4)?
Imagine the ex-employee open sources it, and I’m an innocent third party using that code base, ignorant of its unlawful origins. Am I infringing their ex-employers copyright (even if unintentionally)? For (2), obviously “yes”. But what about (3) or (4)?