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Thu, Nov 20, 2008 - 07:01 AM EST  —  AAPL: 86.29 (-3.62, -4.03%)  |  NASDAQ: 1386.42 (-96.85, -6.53%)

ThinkSecret’s Nick Ciarelli says he can’t afford to defend himself against Apple lawsuit
Saturday, January 15, 2005 - 12:40 AM EST

"The 19-year-old publisher of a Web site facing a lawsuit over an article about a top-secret $499 Apple computer said Friday he can't afford to defend himself," Mark Jewell reports for The Associated Press. "Apple Computer Inc. (AAPL) is suing Harvard University student Nicholas Ciarelli's Web site (http://www.ThinkSecret.com), alleging it illegally published company trade secrets. The Jan. 4 lawsuit also targets the Web site's unnamed sources for the leaks."

Jewell reports, "Ciarelli, whose identity as the site's publisher and editor was only published this week, is not named as a defendant. But he still needs a lawyer, and said he is hoping to find free or low-cost legal help to argue that he deserves First Amendment protection and used proper newsgathering techniques to break news about the Mac mini computer and other inside information about Apple. 'A lot of lawyers are interested in my case, but few are able to do it for free or low cost,' Ciarelli, of Cazenovia, N.Y., said in an e-mail interview. 'I'm seeking representation.'"

"Apple declined to answer questions Friday about whether Ciarelli, who called himself Nick dePlume online instead of using his real name, would also be sued. Ciarelli's identity as the site's editor and publisher had circulated recently on the Internet, but the information only became widely known on Wednesday, when The Harvard Crimson, the university's student newspaper, confirmed it. At the MacWorld show on Tuesday, executives said the company is merely defending itself," Jewell reports. "'Innovation is what Apple is all about, and we want to continue to innovate and surprise and delight people with great products, so we have a right to protect our innovation and secrecy,' said Phil Schiller, Apple's senior vice president of worldwide product marketing."

Full article here.

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Jan 16, 05 - 01:44 am Comment from: mac dood

AEC...

While I appreciate your point of view, and your thoughts on my post, one thing that keeps giving me reason to pause, is the fact that Nick is only 19 ... I cant speak for others, but when I was that age... I was far from being an expert in the ways of the world...

I get the feeling that he is just a guy, probably a devout Mac Head, who learned some HTML .. published a website and was shocked to see the thing grow to something way beyond his expectations...

Yes, you have a valid point about industrial espionage, and Apples right to fight it at all costs... however, I get the feeling this was not Nicks intentions...

Sure, he published "rumors" of prospective Apple products .. which turned out to be true, but in this case .. I cant see where Apple suffered any harm here...
In fact, as it turned out, this MWSF Keynote was the most anticipated one in a long time .. at least in this particular corner of the planet .. This could have been due (in part) to Think Secret...

You cant buy that kind of advertising ! ... And we all know, His Steveness would benefit from more advertising..

Going after Nick could end up giving Apple a black eye in the Public Image, and I cant see where ... in this case .. it can be a win-win situation for Apple..

"......They are counting on outraged fans to yell at mean ol' Apple. May happen - it may not...."

LOL... You may be right ...

There (already) is an online petition for Nick .. and some who signed even voiced your sentiments ... You can see it ..Right Here

<*sigh*> .. I guess Im a sucker for the underdog

Jan 16, 05 - 06:27 am Comment from: Boycott Apple

Run the bullies out of business, once and for all.

Apple has to go now. Deep Six the MF, and send that veggie eating liberal who never learned to dress properly to the unemployment line.

Apple is Crap. And they are bullies.

Jan 16, 05 - 10:36 am Comment from: solid

Boycott Apple says:

"Apple has to go now. Deep Six the MF, and send that veggie eating liberal who never learned to dress properly to the unemployment line."

Is this what you call compassionate conservatism? Mr. Boycott, you must be a lot of fun to be around.

And you're right. They are way too may veggie eating liberals running around in the U.S. What we need is more raw meat eating neo-cons to make sure we are using Dells and Microsoft. Really, the world would be a better place.

Jan 16, 05 - 10:48 am Comment from: Aryugaetu

"Mac dood" wrote "... one thing that keeps giving me reason to pause, is the fact that Nick is only 19 ... I cant speak for others, but when I was that age... I was far from being an expert in the ways of the world.."

The fact that this "kid " was trying to hide his real name is proof that he knew that what he was doing was wrong. There are no signs of being innocent or ignorant on his website. Everything was calculated, albeit with the sloppiness of adolescent. He did not live in a total social and legal vacuum. He had all of the knowledge and resources to know that his actions were illegal, in addition Apple DID do the right thing by warning him numerous times, but he ignored all of it.

Rather than getting with Apple's legal department, and actually WORKING WITH Apple, his sophomoric ego and his 9th grade concept of the Constitution made him feel invincible. Stupidity is no excuse. There are many really stupid people serving 50 years in prison on their first and only offense.

Even though he was not the one that stole the information, he WILLFULLY placed a company's income and financial value in jeopardy. Microsoft won't even hire this kid at the risk of him selling out their secrets (as if they have any).

Jan 16, 05 - 12:37 pm Comment from: mac dood

Aryugaetu..

You raise a couple of interesting points... but there may be another side to your coin...

"....The fact that this "kid " was trying to hide his real name is proof that he knew that what he was doing was wrong..."

Not necessarily... You see, many people use "Screen Names" when interacting on the internet... A quick look at any of the threads here at MDN will bare witness to this fact.. I hesitate to conclude that posters here have sinister motives, when they post .. just because they use a "Screen Name"...

(well, maybe for the exception of the occaisional trolls who like to stir up the pot here LOL )

......"Everything was calculated, albeit with the sloppiness of adolescent."

Hmmm ... interesting thought... but we dont know if this is true, either..
Just suppose, he found himself in a position, where he actually had employees at Apple willing to divulge classified info on upcoming products ... and, being a "Journalistic Apprentice"... feeling like he had stumbled upon the "Holy Grail" of Mac announcements...

On the one hand... he runs a "rumor" site, his bread and butter is rumors.... on the other hand.... he had something more substantial than just a rumor...

What to do ?

Run with what he had ?? ... or, sit on it till after MWSF ??...

If he sat on the info.... he wouldnt gain the one thing he might have desired for his website.... credibility ! .... From this day foreward... all over the Mac Community, Think Secret would be known far and wide as the place to go for Mac Rumors... !! .... The possibilities, here, could be intoxicating ... to a 19 year old !

But... in the back of his mind.... a little voice would be warning him, that by doing this... he could feel the wrath of Apple Legal...

And that little "devil" sitting on his right shoulder kept prodding him to "Go ahead, Nick...this will make you famous !"

This... I think.. is the "sloppiness of adolescence" you spoke about...

".......his sophomoric ego and his 9th grade concept of the Constitution made him feel invincible. Stupidity is no excuse..."

When you were 19.... didnt you feel "invincible" ?? .... Yes, you are correct when you say .. "Stupidity is no excuse" .... but, making the right choices in life as well as making smart decisions ... arent (usually) the sort of things 19 year olds do on a regular basis !

Someone, in an earlier post said something to the effect that what Apple should do, is give the kid a handshake and a twenty... I thought this was a hilarious response, at the time... but not a bad idea !

Jan 16, 05 - 04:33 pm Comment from: korko

just something about the LAW
disclaimer: i am a future lawyer [in slovakia grin]

please ! .. do not try to interpret the law when you are not a lawyer !
the fact that you read some laws, doesn't mean you understand them in the right context !
in trying to interpret the law .. you allways get it WRONG! [almost allways grin]

do not pass judgments if you don't have all the info !

</end of rant>

and MacMaker .. get a clue !!! .. i would be the first to take your hammer from you ! [after all we are humans and violence doesn't solve anything]

Jan 16, 05 - 07:40 pm Comment from: Billy

So I'd better not tell anyone about the new dual 4gHz G7 that will be coming out in 2008. 2 terrabyte HD, 60gig of ram. Still no scroll wheel though. sheesh

Jan 16, 05 - 11:08 pm Comment from: Jeff

As much as I love Apple, they always seem to do something that reminds me they are a corporation and that you should never really trust corporations. In the end, they don't really give a rat's ass about you.

Long live open source.

Jan 17, 05 - 01:51 pm Comment from: MacSmiley

If both Apple and Ciarelli are smart about this, the kid will end up working in Apple's PR department.

Jan 17, 05 - 08:38 pm Comment from: misanthrope

"Stupidity is no excuse"

Stupidity is always a good excuse. Just nothing to brag about.

"The fact that this "kid " was trying to hide his real name is proof that he knew that what he was doing was wrong. "

Hey, Aryugaetu -- you're funny!


"please ! .. do not try to interpret the law when you are not a lawyer !"

Hey, Korko -- you're funny, too!

Jan 19, 05 - 02:01 am Comment from: WhateverYouWishMyNameToBe

Wow, MacDailyNews really should require registration for comments so we don't get untold posts from the same writer using different comment names. It's stunningly obvious that the majority of posts criticizing Nick are from the same juvenile, unreasonable writer, a writer who literally cuts and pastes the same comments into other mac forums. *sigh*

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