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Business Briefing

Apple Wins Initial Victory in Blogger Dispute

Apple Wins Initial Victory in Blogger Dispute
March 4, 2005 10:52AM

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"People love to talk about what Apple has in development," IDC analyst Roger Kay told CIO Today. "This case might affect those discussions and quiet people who act like they've got insider information on new products."


Apple has won an initial victory in a lawsuit aimed at learning who leaked confidential company information Relevant Products/Services to three online news sites.

Santa Clara County Superior Court judge James Kleinberg tentatively ruled that the sites must surrender the names of confidential sources to Apple.

The company filed suit in December against rumor sites ThinkSecret.com, AppleInsider and PowerPage, alleging that trade secrets about Apple products were leaked to the site publishers and made public. Apple is attempting to learn the identities of the individuals that gave the sites information.

Attorneys for the Electronic Frontier Foundation, which is acting on behalf of two of the publishers, expressed disappointment in the tentative ruling, and noted that there would be an appeal.

News Hounds

Although the case will most directly affect the publishers of rumor sites, it also raises issues about whether bloggers can be classified as journalists.

If so, it is likely they will be extended the same constitutional protections as those in print and broadcast media, which includes the protection of confidential sources.

In court filings, Apple is arguing that the online news site writers are not legitimate members of the press, and therefore should not be able to shield their sources.

Blogger Future

In addition to having implications for online journalism, the case could potentially affect the amount of information on Apple rumor sites.

"People love to talk about what Apple has in development," IDC analyst Roger Kay told CIO Today. "This case might affect those discussions and quiet people who act like they've got insider information on new products."

Rumor sites often post doctored photos to fool readers, or post speculation about what is going on in Cupertino. Apple sued a former contractor in 2002 for sharing prerelease info on the PowerMac G4. But beyond that, the company has let the rumor sites run free until now.

Legal Future

Although Apple has sued over leaked information in the past, the company's recent successes might make the tactic more prevalent in the future.

"Apple has a lot going on right now; there's a great deal of attention focused on them," said Kay. "They're going to be careful to protect that."

Judge Kleinberg will hear arguments Friday from Apple attorneys and the EFF to make a final ruling.

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