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Yes, they could’ve get rid of it by, I don’t know, returning it to them. As they promised in writing they would do. That’s theft. Mistakes are human, this was negligence. They knew they made a mistake and doubled down, and made it worse. It’s not trivial, it’s theft and corporate espionage if the prototype landed in the wrong hands. I don’t get how can anyone lick the boots of a hundred million company by minimizing their negligence and unethical actions.
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