Appeal Filed in Apple Trade Secrets Suit
- Mar 23, 2005 10:21 AM (AP Online)
By RACHEL KONRAD AP Technology Writer
SAN FRANCISCO (AP) -- Online journalists who published secrets about
Apple Computer Inc. filed an appeal Tuesday in a case that could have
broad implications for the media.
A California judge ruled March 11 that three independent online
reporters may have to provide the identities of their confidential
sources and that they weren't protected by "shield laws" that usually
protect journalists.
In December, Apple sued 25 unnamed individuals, called "Does" and
believed to be Apple employees, who leaked specifications about a
product 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 Apple Insider and
PowerPage.
The Cupertino-based company said the leaks and the published
documents violated nondisclosure agreements and California's Uniform
Trade Secrets Act. Company attorneys demanded that the reporters
identify their sources.
The reporters sought a protective order against the subpoenas, saying
that identifying sources would create a "chilling effect" that could
erode the media's ability to report in the public's interest.
But Santa Clara County Superior Court Judge James Kleinberg ruled in
Apple's favor earlier this month, saying that reporters who published
"stolen property" weren't entitled to protections.
On Tuesday, attorneys representing the journalists filed an appeal,
as expected. They argued that the judge's ruling violated the First
Amendment and that Apple should first subpoena its own employees or
use sophisticated computer forensics to determine the sources of the
leak before subpoenaing the journalists.
...
- http://finance.lycos.com/home/news/story.asp?story=47861832
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