Apple enthusiasts must disclose sources

TadW · 03-12-2005, 06:24 AM

I am sure you've heard about that. Three bloggers, Think Secret, Apple Insider, and PowerPage, were sued by Apple for not revealing their confidential sources who leaked latest information on Apple's forthcoming products.

Bloggers are offended at Apple’s assertion that they are not considered legitimate members of the press.

And a judge has just ordered on Friday the three fan pages to divulge their confidential sources, ruling that they were not protected by the First Amendment because they published trade secrets.

So what do you think? Aren't bloggers protected by the Constitution, like mainstream publications are?

hacker · 03-12-2005, 12:22 PM

There are a few legal catches to this... they're only being asked to reveal the names of the people who have released the information to Apple Insider, who were employees in violation of trade secret agreements. This isn't about violating Free Speech, its about prosecuting people (employees) who violated those NDAs and trade secret agreements.

Free Speech is protected, the part that is not protected are the original sources, who are breaking current, legally-binding confidentiality agreements to reveal the information, and the fact that the web sites, by publishing said information, are also in violation of the Uniform Trade Secrets Act.

Apple had sufficient evidence that the information wasn't just accidently leaked to convince the court that trade secret laws had been violated and for the subpeonas to go forward.

There is a great blog entry on this exact topic. Highly educational reading.

03-12-2005, 06:24 AM	#1
TadW Uebermensch Posts: 2,583 Karma: 1094606 Join Date: Jul 2003 Location: Italy Device: Kindle	Apple enthusiasts must disclose sources I am sure you've heard about that. Three bloggers, Think Secret, Apple Insider, and PowerPage, were sued by Apple for not revealing their confidential sources who leaked latest information on Apple's forthcoming products. Bloggers are offended at Apple’s assertion that they are not considered legitimate members of the press. And a judge has just ordered on Friday the three fan pages to divulge their confidential sources, ruling that they were not protected by the First Amendment because they published trade secrets. So what do you think? Aren't bloggers protected by the Constitution, like mainstream publications are?

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03-12-2005, 12:22 PM	#2
hacker Technology Mercenary Posts: 617 Karma: 2561 Join Date: Feb 2003 Location: East Lyme, CT Device: Direct Neural Implant	There are a few legal catches to this... they're only being asked to reveal the names of the people who have released the information to Apple Insider, who were employees in violation of trade secret agreements. This isn't about violating Free Speech, its about prosecuting people (employees) who violated those NDAs and trade secret agreements. Free Speech is protected, the part that is not protected are the original sources, who are breaking current, legally-binding confidentiality agreements to reveal the information, and the fact that the web sites, by publishing said information, are also in violation of the Uniform Trade Secrets Act. Apple had sufficient evidence that the information wasn't just accidently leaked to convince the court that trade secret laws had been violated and for the subpeonas to go forward. There is a great blog entry on this exact topic. Highly educational reading.

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