Apple Pushes to Unmask Product Leaker 255
Zack Wells writes "Should online journalists receive the same rights as traditional reporters?
Apple claims they should not. Its lawyers say in court documents that Web scribes are not 'legitimate members of the press' when they reveal details about forthcoming products that the company would prefer to keep confidential. That argument has drawn stiff opposition from bloggers and traditional journalists.
This is related to a case of an Apple news site, PowerPage.org, who leaked information about a FireWire audio interface for GarageBand that has been codenamed 'Asteroid.' The subpoena is on hold during the appeal.
In the lawsuit, filed in late 2004, Apple is not suing the Mac news sites directly, but instead has focused on still-unnamed 'John Doe' defendants. The subpoena has been sent to Nfox.com, PowerPage's e-mail provider, which says it will comply if legally permitted."
Apple needs to be careful here. (Score:5, Insightful)
It would be stupid of them to alienate their biggest fanbase - but that's precisely what they're doing. Seems more like a personal vendetta then a business....
Re:Apple needs to be careful here. (Score:3, Insightful)
Concerning the difference between an online and a paper-press journalist, you get the question, what is a journalist? The one who gets paid for it? Do you have to register somewhere? Freedom of speech should count for everyone equally anyway.
From a practical point of view: Maybe bloggers that get troubles like this should subscribe to the journalist unions (or collective), just to have increased protection from the gr
Re:Apple needs to be careful here. (Score:2, Informative)
Not if you signed a NDA - then you gave up your right to tell about matters that concern Apple
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do what you want at home... no one cares (Score:5, Insightful)
http://en.wikipedia.org/wiki/First_sale_doctrine [wikipedia.org]
esp the section that reads in part
The acts specifically excluded:
A computer program which is embodied in a machine or product and which cannot be copied during the ordinary operation or use of the machine or product; or
Re:do what you want at home... no one cares (Score:2)
Re:do what you want at home... no one cares (Score:2)
Re:do what you want at home... no one cares (Score:2)
Re:do what you want at home... no one cares (Score:2)
thanks.. (Score:2)
What physical copy of the software are you going to give them on a ms-minimum purchase Dell?
if yer buying dell cheaply to install linux.. then the xp backup is a partition (the cd is $10 extra) so what are you going to give the purchaser as a physical copy?
Re:Apple needs to be careful here. (Score:2)
Re:Apple needs to be careful here. (Score:2)
Re:Apple needs to be careful here. (Score:2)
I have quite a few Dell discs laying around, including copies of XP Home and Pro, from no SP up to SP2. They work on any machine, and work with any serial number (so the Dell disc will install Windows on an HP for example, using the legit serial number off of the HP.) The biggest difference with these discs is they install without first asking for the serial, and then it has to be changed before act
Re:Apple needs to be careful here. (Score:2, Insightful)
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Re:Apple needs to be careful here. (Score:5, Funny)
If you want me to kill this guy I will. I have made a shank out by gnawing the
edge of my iPod nano.
Just issue the fatwa by the usual channels, i.e. pulse position modulated in
the beat of the next song I download from iTunes.
We should defintitely try to silence trolls who portray us users of the One
True OS as insane fanatics.
Hal.
Re:Apple needs to be careful here. (Score:2, Insightful)
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Re: (Score:2, Troll)
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Re:Apple needs to be careful here. (Score:2)
Would you care to guess what the free cheerleading Apple gets from fanboys like you and me is worth to Apple in dollar terms?
I'd guess it's a helluva lot more then a leak (that in itself promotes excitement & buzz). Apple are jeapodising the very fanbase that supports them most.
Lets take you as an example - you've posted 5178 times on slashdot, I'm going to presume (conservatively) that 1/2 your posts are "Apple are great" p
Re:Apple needs to be careful here. (Score:2)
Re:Apple needs to be careful here. (Score:2)
Hmmmn, I don't really expect you to read the article, but at least read the first line of the summary:
Re:Apple needs to be careful here. (Score:2)
Re:Apple needs to be careful here. (Score:2)
Forget the rest of your post - this line is poingiant enough. Apple perfected viral marketing before it was cool. They spend $x on marketing and because of the fan base really get about $x^x worth of marketing.
Not only
Re:Apple needs to be careful here. (Score:2)
You don't appear evil, you kee
Re:Apple needs to be careful here. (Score:2)
Am I missing something? (Score:5, Interesting)
But I have to ask if that person had gone to a newspaper where would we be legally?
Re:Am I missing something? (Score:3, Insightful)
Just people who want to have their say, and you believe that a bad thing? You apparently don't believe they should have their say.
You do realize, I hope, that eventually (probably not so long from now) all news media will be distributed primarily over computer networks?
Do you understand the implication of this? How do you define "journalism"?
Re:Am I missing something? (Score:4, Insightful)
So what exactly is the difference between a 'blogger' and a 'journalist'?
A journalist is merely a person that records information, usually for publication.
Certainly, a typical blogger often writes more opinion than fact. However, the same can certainly be said for a great many 'real' journalists and contributing writers for many publications, both online and offline - none of whom would be raked over the coals by Apple for being given leaked trade secrets.
Just because someone has the backing of a large media conglomerate, publishing house, or broadcaster, doesn't make them more of a journalist than a freelance writer with their own website.
Seeing as you are a blogger I understand your bias (Score:5, Insightful)
Re:Am I missing something? (Score:2, Interesting)
The consequences. Just because you don't see it doesn't mean Apple doesn't take action against journalists who release confidential information - good luck ever getting early info out of them again, after burning them once. Hell, Apple will burn anyone who releases confidential information - look at ATI for an example.
The problem is, Apple doesn't have a relationship with the bloggers that they can use as a carrot. The stick (liti
Re:Am I missing something? (Score:3, Insightful)
If a journalist (blogger or otherwise) won't reveal the name a of a law breaking source, the journalist should be heald accountable in proxy. Combine that with the appropriate laws to protect whistle blowers, and we won't need a double standard to distinguish journalists from regular people. We'd also get the
Re:Am I missing something? (Score:2)
Re:Am I missing something? (Score:2, Troll)
I tried going to the newspaper to explain that SmithCorp was dumping toxic waste into the school's playground, but they refused to publish it even with my photographs of guys in bunny suits dumping 55 gallon drums off the back of a company truck. Something about putting the company at an unfair disadvantage. Of course, it could have also been that the local paper's owned by SmithCorp.
Hang on, doorbell...
Re:Am I missing something? (Score:2)
Fairness in freedom of speech? (Score:4, Interesting)
That was changed.
Being that the online world is intensly different to RL, i would have suggested that certain aspects of everything should be governed differently on the net as in RL
Different countries have different laws...prephaps we should think of the net as a 'different country' in its own right, as opposed to an extension of the host country? And thusly, apply a separate set of laws.
Product of Intellectual Property System (Score:4, Insightful)
Imaging scenario. Company X (Apple in the story) develops new cool product. Employee A leaks (for money or for fun) info about the product. Patent holding companies/competitors Alpha, Beta, Gamma, etc start patenting *everything* possibly related to the product. Product comes on market. Patents as usually get granted and competitors start sueing company X.
What Apple (or any other company) can possibly do to avoid such situations???
Re: (Score:3, Insightful)
Re:Product of Intellectual Property System (Score:3, Insightful)
For those of you who don't remember - you can see the cover (with steve jobs looking quite sexy, iMac in background) here [time.com] (I kid, I kid, real cover here) [time.com]
Apple got that cover story because 1) it was news, and 2) they were able to promise Time an exclusive on the story. You can't buy the cover of Time as an ad placemement, but if you could, it's probably worth about a hundred million bucks.
No - Apple got the cover story because the iMac looked damn
Re:Product of Intellectual Property System (Score:2, Interesting)
Time is not a car mag. Or a Mac mag, or a PC mag or any other kind of trade or consumer mag. It is one of the world's major news titles. It doesn't have the choice of putting a Mac or a Dell on its cover, it has the choice of putting a Mac or George Bush...or JK Rowling....or Manny Ramirez...or Romano Prodi...or Tom Cruise....or anyone else who happens to be top of the news agenda at the time.
With
Re:Product of Intellectual Property System (Score:2)
Bzzzzzzzzzzzzzzzzzzt.
Wrong.
Look at the date on the cover that I linked to. (Jan 14th 2002)
Now, look at the date [imaging-resource.com] of the macworld expo where the iMac was announced and demod (Jan 7th, 2002).
I think you need to understand how the publishing industry works (or perhaps the definition of the word 'exclusive').
Re:Product of Intellectual Property System (Score:2)
Thanks for the info!
If everything had been leaked weeks in advance they probably still would have run the feature and interview with Jobs.
But you said "With[out] an exclusive a Mac isn't even *on* the news agenda for Time."
I was just pointing out that it was not an exclusive, invalidating your argument.
But it would not have been on the cover, in front of 29 million readers, and *that* is what Apple cared about. Full page colour ads in Time *star
Re:Product of Intellectual Property System (Score:2)
If you were as knowledgable about the publishing industry as you amde yourself about to be, that would have been the first thing you pointed out.
You are now my friend
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Re:Product of Intellectual Property System (Score:2)
As I posted elsewhere in this thread - the Time magazine cover was not an exclusive.
Furthermore, the link you provided is irrelevant. Quoting it:
STFU? (Score:2)
You do realize that telling all of your employees to STFU is a lousy thing to do in the first place, don't you?
Also, your adoration of Time Magazine (TM) falls in line with Apple's unAmerican "legitimate members of the press" fallacy. The former Soviet Union had a "legitimate press" which the state defined. "Truth" and "News" were the only o
Re:Product of Intellectual Property System (Score:2)
Maybe they could patent everything about their own product first?
Just an idea.
Re:Product of Intellectual Property System (Score:2)
That is a false scenario. US patent law (see 35 USC Section 101) requires an invention to be new in order to be patentable. [cornell.edu]
Some things I don't understand. (Score:5, Insightful)
This whole case still has me puzzled. Apple apparently was working on a product to provide a firewire break-out box for use with their GarageBand product. Someone inside Apple (or outside and on an NDA) leaked it to an Apple rumours website, which published it. Apple then fired off a lawsuit against John Doe, and decided to drag the website(s) in question to court to get them to reveal the identity of the source of the leak.
All well and good, except one thing: where is the product? Whatever happened to this GarageBand break-out box? It has never materialized, and it's what -- a year-and-a-half later? You can't tell me that Apple suddenly decided to cancel this product just because news of it got leaked to the web. So far as I'm aware, it isn't like any of their competitors have such a product on the market, or that the leak has caused them any actual harm.
It makes me wonder -- did this product ever really exist to begin with, or was this some sort of fake product "trap" to try to find the source of product leaks to rumour websites?
Or is this product still in development, to be released at some later date?
Something about all of this just doesn't strike me as right (besides the whole freedom of the press, and confidentiality of sources issues). It isn't as if this is the first Apple product to be leaked to the press. Perhaps this one was leaked well before Apple was ready to announce something? Does Apple think it knows who is leaking this information, but wants sufficient proof to fire them? Does "Asteroid" even exist (and it sounds like a useful product to me -- with GarageBand '06's new Podcast creation features, even I'm starting to think of interesting ways I can put something like this to use)?
There is something more to this that Apple doesn't want us to know. I just can't quite pinpoint what is going on...
Yaz.
Re:Some things I don't understand. (Score:3, Informative)
Re:Some things I don't understand. (Score:2)
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Re:Some things I don't understand. (Score:2)
So in this case where the very right for free speech is questioned all you can see is your $$$ in the bank. I'm glad I'm european.
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Re:Some things I don't understand. (Score:2)
Re:Some things I don't understand. (Score:3, Funny)
"Asteroid" is actually the codename for a much larger, more subversive project from Apple. Using fake headlines to lure in bloggers and subsequently suing them, they will allow them to settle out of court anonymously. But, what they don't say, is that "out of court" actually means "secret death camps", and that apple is planning to unleash a mass extermination of bloggers, purging their vile,
Re:Some things I don't understand. (Score:2, Insightful)
Is is just me or does this situation seem more like corporate espionage than leaking a news story? Freedom of the press is critical to have a truely free society, but what news story did this break? What was it with this story that the people needed to know in order to maintain a free and informed society? I may be off base, but it just seems to me that the people
Re:Some things I don't understand. (Score:4, Interesting)
Apple has had products incredibly close to production and scrapped them. Steve Jobs did acknowledge a year or two ago that Apple almost released a pda-like device again but scrapped it along the way. the super secret R+D lab must have tons of devices that have never seen the light of day (at least not yet).
i do agree that Apple seems REALLY REALLY hellbent on finding this specific leak. nobody but Apple insiders would know why. maybe that pool of people have possible access to other upcoming products that are a lot more important. maybe it was all a ruse to flush out a leak, maybe they are just pushing it on principle. it seems weird though. it will be interesting how it shakes out. i can see how leaking company design secrets is not seen the same as letting a reporter know that Company ABC is dumping toxic waste into a stream or leaking info about Enron's shadiness.
Re:Some things I don't understand. (Score:2)
"You can't tell me that Apple suddenly decided to cancel this product just because news of it got leaked to the web."
Steve Jobs can be amazingly petty and vindictive. This sounds exactly like something he would do, to avoid giving the Mac rumor community the satisfaction of being right.
"There is something more to this that Apple doesn't want us to know. I just can't quite pinpoint what is going on..."
That's because most of the time, Apple's pretty good at keeping secrets. As are most companies.
And in further news... (Score:5, Funny)
Should public laws protect the self-interested? (Score:5, Insightful)
Trade secrets leakage are probably NOT covered by first amendment freedom of speech. If the general public are protected by leakage, then yes. But if the only people this serves are self-interested, then should the laws designed to protect the public apply?
Re:Should public laws protect the self-interested? (Score:3, Insightful)
This gets right to the heart of the matter. So many of you seem to be saying that even if you've signed an NDA, you should be able to tell people about those trade secrets, so long as they promise to write about them. The point is that the entity writing about it needs to have a legitimate reason to be doing so. Informing a concerned public is a far cry from satiating rabid fanboys. And it seems that where exactly that line falls will be decided by the court.
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Re:Should public laws protect the self-interested? (Score:3, Insightful)
Why just "journalists"? Why not extend that protection to anyone who might have some information that is in the public interest?
Hint: Whistleblower laws
Trade secrets leakage are probably NOT covered by first amendment freedom of speech. If the general public are protected by leakage, then yes. But if the only people this serves are s
Re:Should public laws protect the self-interested? (Score:3, Insightful)
Who said anything about a non-living entity? NDAs can be between two people. A trade secret can be owned by an individual as well. The same trade secret laws would still apply.
As for superceeding your rights. "The right of the people to be secure in their persons, houses, papers, and effects" and it's implicit granting of privacy doesn't superseed your right to free speech. You can still
Re:Should public laws protect the self-interested? (Score:2)
Justify Trade Secret to me first. (Score:2)
You have to come up with a good reason before you take away my ability to tell my neighbor something that might amuse them. Your financial losses don't really sway me, nor do arguments about your ideas being property in some way. I might respect your patent or your trade mark, but I'm not getting anything from you to keep my mouth shut.
Trade Secrets should remain part of civil law. They are typically enforced through a
Re:Justify Trade Secret to me first. (Score:3, Insightful)
I hope they do get the same protections (Score:5, Insightful)
Take two cases:
1) What we have here. A source leaks information from a company to a website (blog), who then publishes it. The website operator (blogger) did nothing wrong, they violated no law. The person leaking it broke an NDA, but that's not their concern. They should then be allowed to pretect their source because they are acting as a journalist, they are reporting the news to the public. Doesn't matter that their day job is clerk at Walmart, they are acting as a journalist in this case, thus should be protected.
2) A person decides to leak some major secrets to a journalist for a major newspaper. However that journalist decides they don't want to publish them, but would rather to go a competitor and sell those secrets. It all gets found out and goes to court. Here, the journalist shoudl not be able to shield their source. Doesn't matter that they work as a journalist, they weren't acting as one. They were not reporting the information to the public, thus no protections.
The protection should be in the act, not in who you are. Otherwise we are down a dangerous road to the government being able to decide who is a member of the press and who isn't. Publish something they (or their big donors) don't like? Oh look, all of a sudden your journalist license is revoked. You aren't allowed to protect your sources anymore and oh look, here's a subpoena for their names as well.
We should give anyone who acts as a journalist the same protections as it relates to the reporting of informaton to the public.
Re:I hope they do get the same protections (Score:2)
Ummm... so if somebody from the nsa or cia, or whatever that you might happen to know would come to you and tell you internal secrets and you would tell what you heard to everybody else and dog, nothing should happen to you ? You didn't sign nda with them, the guy did, but you knew the information was a secret and willingly and knowingly made it public. Still you would
Re:I hope they do get the same protections (Score:3, Informative)
Classified information is different than confidential information from a company. Classified information is a legal secret, the government has declared that the information is not to be distributed, and those that do can be punished. That includes third parties. IF someone gives you classified info, you legally can't give it to anyone else.
NDAs are different, NDAs are a contract between two
Re:I hope they do get the same protections (Score:2)
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Re:I hope they do get the same protections (Score:2, Insightful)
Bingo! Exactly! Yes! You took the words right our of my ...er fingers.
THANK YOU!Re:I hope they do get the same protections (Score:5, Informative)
Yeah, maybe that's what you want the law to be. Here's what the law [gpo.gov] actually says:
In other words, if you receive what you know to be stolen trade secrets, you're in violation of the law. There's nothing in the law that I can find that exempts some special "journalist" class.
Re:I hope they do get the same protections (Score:3, Insightful)
Ok, hear me out on this. While I'm certianly[sic] one of the first to laugh at bloggers that seem to think they are real journalists and are the same as newspaper reporters, I do think they should be afforded the same protection.
Well, you're in luck. The law clearly defines anyone who writes for a public audience as a member of the press with the same protections as a writer for the NY Times. In fact, I suspect this whole article is a rather sensationalist spin. The actual arguments are never given, only
Legally permitted?? (Score:4, Interesting)
Was that supposed to be legally compelled or is the email provider anxious to give up their information?
Re:Legally permitted?? (Score:2)
Re:Legally permitted?? (Score:2)
Re:Legally permitted?? (Score:3, Interesting)
Cnet never called me to discuss the article they wrote, but that is no surprise as they are sloppy in their understanding of the law as well.
P.S. At the very end of their article you will find a disclaimer that O'Grady now writes for them
Difference between bloggers and press (Score:2, Insightful)
If someone is able to obtain a press pass to an event by company A, company A considers them a journalist.
Further, if a blogger can get a press pass at MacWorld or WWDC, more power to them- they are journalists.
Otherwise, they are not, and they don't have a company behind them to protect them from lawsuits.
$0.02
Definition of Journalist from Wikipedia (Score:2, Informative)
Reporters are one type of journalist. They create reports as a profession for broadcast or publication in mass media such as newspapers, television, radio, magazines, documentary film, and the Internet. Reporters find the sources for their work, their reports can be either spoken or written, and they are generally expected to report in the most objective and un
OK, Jason, we'll suffer your argument... (Score:2)
And let's stop arguing over the "chilling effect" this case could have on people who are already bound by contract to shut the hell up about whatever it is they're keen to
What can they do (Score:2)
Who wants to go live at Apple Compound, CA where you can't leave? Great! Everyone else, you're fired!
It only takes one person to ruin it for everybody. The press should reveal their sources with some kind of deal to protect themselves(t
Re:What can they do (Score:2)
Rights for everyone against Apple's enforcement (Score:2)
From their actions during the Iraq fiasco and many other defenses of corruption in the establishment, it is clear that the media does not deserve more rights than the citizens and clearly an establishment press should have no more rights than a citizen press.
How about rights for everyone to security against Apple enforcers who would like to bust down the doors. Just because they have a signed agreement that the info would not be disclosed does not mean that everyones' rights should be trampled because the
We're all just people (Score:2)
Should online journalists receive the same rights as traditional reporters?
That's easy. Journalists should receive no special rights at all that other people don't have. There should be no statutory distinction at all between a journalist and a person. And then it becomes clear that bloggers are just people, with the same rights as everyone.
And what rights does a person have in this kind of case? Well, unless you and I have some kind of agreement to the contrary, I don't owe you anything other tha
Bloggers (Score:2)
If a person writes in a diary does that make them a reporter? Does that put them on the same level as Melville, or Hemmingway?
I don't think it does. It's an online journal. Now if you want protections for the same things as journalism then
Re:"online journalists receive the same rights" (Score:2, Funny)
Re:"online journalists receive the same rights" (Score:3, Insightful)
By your definition Kos (of Daily Kos fame) is not a journalist because he never was a "real journalist", assuming that means someone who publishes in a printed medium. Is that what you wish
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Re:"online journalists receive the same rights" (Score:4)
That is EXACTLY what Apple is trying to get decided by the lawsuit. Many other people, including print journalists, disagree with you and Apple on this matter. If a "sixpack blogger" (your definition) is not a journalist, at what point does a blogger become a journalist? Rocketboom is distributed as a daily video program by TiVo, do you consider rocketboom.com to be journalism? What about Slate.com? Was Joshua Kucera's (now defunct) blog considered journalism? When a newspaper starts publishing a "sixpack blogger's" blog as a daily feature, does that blogger then become a journalist? Is the writer for a school district (printed) newsletter considered a journalist, what if the local paper reprints an article form the newsletter? If a "sixpack blogger" wins an Edward R. Murrow Award, is he still not a journalist? Was Richard Saunders a journalist? [Richard Saunders published Poor Richard's Almanac, and was a pen name for Benjamin Franklin, who might have been considered a blogger in his day]. I do not believe that defining what a "journalist" is, is as easy as you and Apple wish it could be.
Re:"online journalists receive the same rights" (Score:2)
Lifted from http://www.eff.org/bloggers/lg/faq-journalists.ph p [eff.org]: The California Constitution includes a reporter's shield which provides "absolute protectio
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Re:Uh...? (Score:2)
Which is more than reasonable on the part of the service provider (my hat goes off to you for having the courage to stand firm on this point). Without true anonymity, free speech is an illusion. Of course, FUD will see to it that we'll never have anything remotely resembling anonymity - mention Freenet [sourceforge.net] on Slashdot and watch the avalanche of "I'd never support Freenet - it can be used to spread CP!" Apple will win.