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 Reply with a "Thank you" if you liked this post. _______________________________________________ MEDIANEWS mailing list medianews@twiar.org To unsubscribe send an email to: [EMAIL PROTECTED]