Monday, March 14, 2005

Reveal Sources

InformationWeek reports Apple Wins Order Forcing Bloggers to Reveal Sources; Appeal Likely

A judge on Friday ordered three independent online reporters to divulge confidential sources in a lawsuit brought by Apple Computer Inc., ruling that they were not protected by the First Amendment because they published trade secrets.

The ruling alarmed speech advocates, who saw the case as a test of whether people who write for Web publications enjoy the same legal protections as reporters for mainstream publications. Among those are protections afforded under California's ''shield'' law, which is meant to encourage the publication of information in the public's interest.

The reporters--who run sites followed closely by Apple enthusiasts--allegedly published product descriptions that Apple said employees had leaked in violation of nondisclosure agreements and possibly the U.S. Trade Secrets Act.

Santa Clara County Superior Court Judge James Kleinberg ruled that no one has the right to publish information that could have been provided only by someone breaking the law.

In December, Apple sued several unnamed individuals, called ''Does,'' who leaked specifications about a pending music software--code-named ''Asteroid''--to Monish Bhatia, Jason O'Grady and another person who writes under the pseudonym Kasper Jade. Their articles appeared in the online publications AppleInsider and PowerPage.


InternetNews reports Thank you, ThinkSecret. Thank you, AppleInsider and PowerPage.

No, not for your interesting, juicy tidbits on your blogs and tip sheets about upcoming products and all things Apple and Mac. We do enjoy them though, as confounding as they can be to technology news sites that write about Apple. (Quote, Chart)

No, not for when you may have slapped up any unchecked information that would arouse howls of derision about standards if it were published the same way in the so-called "mainstream" press (online or off).

Thank you for being journalists in the case involving Apple. Thanks for your work upholding the fundamental principle that journalists uphold: the ability to keep anonymous sources protected. And thank you for getting lawyers to help you cite the First Amendment in your quest to protect your sources.

We'll see if you ultimately break new ground in whether bloggers will help or hinder journalists that seek to protect their sources through shield laws.


BlogHerald reports A remarkable thing happened over the weekend, and maybe just for once the protagonist in the matter of the California 3, Apple, should be thanked for it: Main stream media (MSM) has started sticking up for bloggers as journalists.

The case, for those who’ve missed it, involves Apple Computer Corp subpoenaing 3 bloggers (the California 3) over the publication of alleged “trade secrets” last year, in an attempt to obtain the names of the Apple employees who leaked the information in breach of Apple’s non-disclosure contractual arrangements.


BetaNews reports Santa Clara County Superior Court Judge James Kleinberg ruled that an online journalists' Internet service provider can be obligated to identify confidential sources to Apple's legal counsel.

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