Apple Drops Legal Battle with Leakers
July 13, 2006 9:05 AM
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Judges say online journalists should be protected by the same laws as traditional journalists
According to reports, Apple this week decided to
drop its legal battle with several online websites that leaked information
about unreleased Apple products. Despite a long drawn out battle, Apple decided not to appeal a ruling by a panel of three judges that rejected Apple's arguments that the writers for the online websites were not "true journalists."
Apple went after AppleInsider, MacNN.com and PowerPage.org after information was released about a FireWire product codenamed
for its music application GarageBand. The
Electronic Frontier Foundation (EFF) ended up supporting the three websites and said that Apple's actions undermined the rights of journalists and threatened the safety of those who leak information to journalists.
Judge Franklin Elia was
quoted saying that Apple tried to "trump the First Amendment."
a court ruling denied Apple rights to have the identities of those who leaked information be revealed
. The case was originally filed in a Santa Clara County court but judges wondered why Apple had not performed any investigation internally. The judges felt that Apple had not exercised enough internal investigation to justify going outside of the company. "Apple has failed to establish that it adequately pursued other possible means to identify the source of the information in question," said the judges.
EFF attorney Kurt Opsahl said that "[Apple] just can't take a shortcut through a journalist" to identify the source of information. Although Apple did not submit an appeal -- and the deadline to do so has passed -- court documents showed that Apple's own internal investigators interviewed 29 employees. No details were released on the results of the investigation.
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RE: Your assessment is hollow
7/13/2006 10:39:22 AM
Thank you TomZ.
The issue is, we are not talking about safety (as in the examples you gave). We are talking money. Money and a companies well-being should never trump first amendment rights. That is an opinion, but it's an opinion that many others share.
"Paying an extra $500 for a computer in this environment -- same piece of hardware -- paying $500 more to get a logo on it? I think that's a more challenging proposition for the average person than it used to be." -- Steve Ballmer
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