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Print 32 comment(s) - last by captchaos2.. on Jul 13 at 5:49 PM

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 Asteroid 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."

In May, 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: Nice Apple
By Dfere on 7/13/2006 12:44:53 PM , Rating: 2
The answer, of course, is NO. No one here stated infomration is proprietary and should not be leaked. You missed or deliberately ignored the point made by the post you criticize and the article.

BUT, you don't sue a journalist for inquiry or press, you sue or fire the employee who violated the NDA or the normal confidentiality all employees have when working for an organization, implicit or explicit. Apple works hard to state they treat their employees fairly, so perhaps this is why they never relaesed the fact that they might be in the process of doing this. All we know is they wanted to find, and presumably sue, whatever sources informed the press.

Its the job of the press to report news. This item was legitimate news, despite a dearth of such. If the information is true, and it is not in violation of any law (federal, civil?), how can they be sued for publishing it?


RE: Nice Apple
By rrsurfer1 on 7/13/2006 1:25:14 PM , Rating: 2
RE: Nice Apple
By rrsurfer1 on 7/13/2006 1:27:12 PM , Rating: 3
That should have been for Helbore's post. DailyTech, you need to fix these issues!


RE: Nice Apple
By KristopherKubicki (blog) on 7/13/2006 5:08:02 PM , Rating: 2
Noted - we're working on it.


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