“Applying strong First Amendment protections to bloggers and Web site operators, a San Jose-based appeals court today rejected Apple Computer’s bid for the identities of individuals who leaked confidential information on one of its new products,” Howard Mintz reports for The San Jose Mercury News. “In a 69-page ruling, the 6th District Court of Appeal broke new ground by concluding that bloggers and webmasters enjoy the same protections against divulging confidential sources as established media organizations. The decision sets up a likely challenge in the California Supreme Court.”
Full article here.
“The case began in late 2004, when Apple Insider and PowerPage published drawings, artists’ sketches, pricing and release dates for a planned product codenamed “Asteriod.” Incensed, Apple lawyers sued the anonymous sources of the information as Doe defendants, and promptly issued subpoenas to the bloggers’ ISPs seeking any e-mail pertaining to Asteroid, in a bid to unmask the leakers. That prompted the EFF to intervene. The trial judge sided with Apple, and EFF appealed. The ruling is a significant victory for journalists, and, I’d argue, the public. It’s also good for ISPs, says EFF lawyer Kurt Opsahl, because the court found that the federal Stored Communications Act protects private e-mail from civil subpoenas,” Kevin Poulsen blogs for Wired News.
Full article here.
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Related articles:
Apple questioned in ‘Asteroid’ trade secrets case – April 20, 2006
San Jose court to hear Apple ‘Asteriod’ case, weigh in on bloggers’ rights – April 17, 2006
Apple wins initial ruling in ‘Asteroid’ case, can pursue publishers’ confidential sources – March 04, 2005
Apple suspends legal action against three journalists – February 17, 2005
Stop the presses! Apple sues ThinkSecret over ‘Headless Mac,’ ‘iWork,’ and other rumors – January 05, 2005
Apple Computer sues three for posting Mac OS X ‘Tiger’ on Web – December 21, 2004
Apple sues anonymous people over leak of unreleased Apple product info on Web – December 17, 2004
RUMOR: Apple preps analog to FireWire audio device for GarageBand users – November 23, 2004
first post of my-e-ine
Appeal.
Big whoop! Means nothing to the economics of the company. The only thing that this will do is to make them more secretive about their development (if it’s possible for them to be more secretive).
MafiaSoft owns the courts in California….
This is huge for journalism….
I don’t see how someone ‘blogging’ or even runnign a website where people are sending in emails and they are publishing them as stories could consider themselves a Jounalist who needs to protect their sources, but at the same time, does not see themselves as a Jounalist who needs to live by the journalism code of ethics – like don’t be evil.
Woo Hoo!
For once a legal judgment that leaves some of our rights intact!
Oh wait, the other POS things that steal our rights like DMCA and Patriot Act have never made it to court. Still, even a small win is good
MDN Mord “military” interesting
Apple is unique amongst tech companies in that it uses secrecy to create marketing splash. For example, we all know about PS3 and Nintendo Wii and upcoming chipsets and Blue Ray, well in advance of the actual products coming to market.
So Apple has a different approach wants to keep things secret. Fine. But that’s Apple’s problem, isn’t it? Not the blogger’s, not the webmaster’s, and not Think Secret’s problem. Apple’s problem. Period.
AWESOME. Now all we need is for the same kind of judgement being upheld against Bush and his cronies (or is Bush the crony?).
Sorry, fascists. This one goes to civil liberties. Of course, if it were anyone but Apple, no one here would be complaining.
No one here is complaining eggman. Where did you see anyone complain? And who’s a fsking fascist? For example: I’m an Apple shareholder and I applaud the decision. So next time have a point b4 you post.
Frankly, this is one I’m glad Apple has lost. Private emails need to be kept private and bloggers (such as MDN) should have similar protections as print journalists.
http://www.SmarmyComics.com/
Is what this must feel like to apple considering this product was vaporware from the start.
Glad I didn’t wait for it.
I still believe that if someone under a non-disclosure agreement broke that agreement – Apple should keep fighting for the names.
Journalism must be the only profession where the codes of conduct and standards of individual ethics permit all forms of self-serving, malicious, money-grubbing, and disrespectful behavior except plagiarism. Yes, folks, you may publish whatever you want regardless of the financial or emotional cost to innocent people, just don’t copy some other journalist’s work. Now, that would be heinous.
Apple has the right to protect themselves. But I don’t think suing bloggers and attempting against free journalism is the way.
I like Apple, I love the products, I love the innovation, but I agree with the decision. It’s a big step. Sorry, Apple, you blew this one.
But in your favor, I’ll say, you don’t blow as many as the competition.
Apparently NDA’s don’t mean anything anymore. Good for free speech, but it just weakened Apple’s ability to do what they do best.
So Apple has a different approach wants to keep things secret. Fine. But that’s Apple’s problem, isn’t it?
No, it’s the NDA holders’ problem.
Apple Insider and PowerPage had sources. Those sources are NDA holders, who had a CONTRACT with Apple to keep quiet. Those sources broke their contracts when they spoke to the bloggers.
Is it really that unreasonable for Apple to protect itself by pursuing people who betrayed Apple’s trust? Wouldn’t you be a bit incensed if you trusted a secret to someone under contract, and that person went and blabbed to the press?
If Apple loses this, expect a severe clamping down of all works in progress. Only the people who had advance knowledge of things like Aqua will be “in the loop” of anything anymore. Those not in the inner circle will be considered part of the general public, and will find out about new products when Apple announces them.
But by God the bloggers and their sources will be free. Enjoy it.
If I know about new device at NASA and I, as one of unidentified bloggers, share with you, I go to jail for sure. No question about it because leak of secret information of a new device threatened americans’ life.
I believe if one of arrogant-bloggers share unannounced Apple’s new product, Mac Community is in jeopardy.
Hey Apple! APPEAL!!!!!!!!!!!
Lets test the waters shall we?
“Steve Jobs slept with Bill Gates in Las Vegas on August 15, 1984 during a active trade show under a large display box in the middle of stage”
*ducks*
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Ok they were tired ok?
Ha Ha Ha. I will bury Apple. They ain’t so tough.
Now, if you will excuse me, I’m going to the bank and deposit my check from Microsoft.
Jason D. O’Grady (Powerpage.org)
Apple should just move to Area 51. Anyone who tries to sneak out secrets here ends up dead.
One legal strategy did not succeed. Do not accept defeat. Regroup and find a better way to protect Apple’s trade secrets. Non disclosure agreements mean what they say.
“private and bloggers (such as MDN) should have similar protections as print journalists.”
Oh, common this is completely phony. Journalists supposedly have some protection so governemt cannot silence critics by abusing their powers.
This is not the case here. A company has the right to protect its marketing secrets and sue anyone who violates THEIR RIGHTS.
I am no supporter of the Patriot crap, but this is completely different.
Good. And I am a supporter of the Patriot Act. The judicial system should not be perverted to rob people of their right speak about companies, schools and institutions and governments. I do make exception for real national security reasons. Kissing corporate ass is not a legitimate reason to make an exception, even when my favorite company is the one proffering up its vertical smile to be licked by the courts. Apple is wrong on this one.
Those who blabbed Apple’s trade secrets to the world (by sharing their information with journalists) violated their contractual non-disclosure agreements with Apple. The journalists who published that information, it could be argued, then made malicious use of that information. No one needs to know the product information that Apple wishes to keep secret. No laws have been broken (by Apple, that is) and no one’s best interests are harmed by Apple’s secretiveness.
On the contrary, it is Apple that is harmed by the publication of details concerning their upcoming products. If there isn’t a law against the willful and arbitrary public broadcasting of a company’s lawful “trade secrets,” there should be. “Freedom of speech,” my ass!