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Sorry for my confusion, and thanks for your answer. But my POV is as a Plaintiff, where such a defense is being argued; so I'm looking for the nitty-gritty to defeating such logic for Defense's Motion To Dismiss, because there was contracts. In fact, and perhaps ironically, the agreement was a confidentiality agreement with specific language that "upon demand" all materials submitted will be returned. These materials were not returned, and hence both the breach and the civil theft, converstion, etc. Does this change your answer, or did I misread something in it that I should return to?
Double thanks. I am glad at least to know I suspected I was missing something, and you've done a great job pointing out what I was looking for in your original answer by clarifying my oversight with your second answer. Thanks also for your patience and promptness. Now I need to deal with the ratings. Ciao.
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