Viro
Registered
The judge in the case has made some sensible conclusions too. Read it at http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2005/03/11/financial/f122955S64.DTL
Apple Wins Trade Secrets Legal Dispute
- Thread starter Viro
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ElDiabloConCaca
U.S.D.A. Prime
The judge apparently made a comment to the tune of "an interested public is not the same thing as 'public interest'," which I found to be the single best "sum-it-all-up" statement.
ThinkSecret/PowerPage/AppleInsider didn't leak information about Apple using radioactive materials in their workstations, nor that Apple was underpaying their employees, nor that Apple was forcing their workers to work in unsafe conditions. Something like that -- a "whistleblower" kind of information -- would most definitely be protected, and ThinkSecret/PowerPage/AppleInsider would have been heroes for publishing that kind of information.
Just because the public is dying to know what Apple's going to release next doesn't make it ok, and there's no legal backing for that kind of behavior. Besides, it's not like fines are being levied or their websites are going to be shut down. Just show up to court, tell Apple who sent you the information, and go home -- sheesh!
ThinkSecret/PowerPage/AppleInsider didn't leak information about Apple using radioactive materials in their workstations, nor that Apple was underpaying their employees, nor that Apple was forcing their workers to work in unsafe conditions. Something like that -- a "whistleblower" kind of information -- would most definitely be protected, and ThinkSecret/PowerPage/AppleInsider would have been heroes for publishing that kind of information.
Just because the public is dying to know what Apple's going to release next doesn't make it ok, and there's no legal backing for that kind of behavior. Besides, it's not like fines are being levied or their websites are going to be shut down. Just show up to court, tell Apple who sent you the information, and go home -- sheesh!
ElDiabloConCaca
U.S.D.A. Prime
Why would they have to close? Apple isn't suing AppleInsider or any of those sites to close them down or "pay" or somehow be punished -- all Apple wants is the source(s) of the leaked information.
Since no one comes here and breaks their NDA to share confidential information, I think there's little possibility places like this would have to close down.
Since no one comes here and breaks their NDA to share confidential information, I think there's little possibility places like this would have to close down.
Viro
Registered
The biggest problem with the dudes running AppleInsider/ThinkSecret/et al is that they refused to admit that they broke the law by publishing information that wasn't rightfully theirs. Instead, they chose to make Apple out as a bully, targetting bloggers and online journalists as their line of defense. A pitiful attempt at diverting attention from the real issue, but it did succeed in getting a lot of public 'sympathy' and support for their plight.
It's really good to see that the judge addressed all these issues, and like ElDiabloConCaca noted, "the interested public != public interested". The fact that the EFF strongly backed this case, makes them a lot less credible in my eyes. Surely an organization that specializes in digital rights should have seen the issue clearly. Unless of course, they had an ulterior motive of their own.
It's really good to see that the judge addressed all these issues, and like ElDiabloConCaca noted, "the interested public != public interested". The fact that the EFF strongly backed this case, makes them a lot less credible in my eyes. Surely an organization that specializes in digital rights should have seen the issue clearly. Unless of course, they had an ulterior motive of their own.