The Mac Observer

Skip navigational links

You're viewing an article in TMO's historic archive vault. Here, we've preserved the comments and how the site looked along with the article. Use this link to view the article on our current site:
Apple Wins Initial Ruling Against 3 News Web Sites (UPDATE)

Apple Wins Initial Ruling Against 3 News Web Sites (UPDATE)

by , 1:00 AM EST, March 4th, 2005

Apple Computer can force three Mac news Web sites to disclose where they got confidential information about about an unreleased Apple product, a San Jose, Calif. judge tentatively ruled Thursday. A full hearing on the matter is set for Friday.

Santa Clara County Superior Court Judge James Kleinberg refused to protect the publishers of AppleInsider.com, PowerPage.org, and ThinkSecret.com from Apple's request that the three Mac news sites turn over records that could disclose who their sources were regarding stories about an un-announced audio hardware product code named "Asteroid" or "Q97".

Kleinberg offered no explanation for the preliminary ruling, which was handed down March 2, but revealed in court papers Thursday.

"We're disappointed that the tentative ruling was a denial," said Electronic Frontier Foundation (EFF) attorney Kurt Opsahl, in a prepared statement. "We will now concentrate on making our case before Judge Kleinberg, Friday.'

Mr. Opsahl previously said that if the court decision did not go in its favor, the EFF would seek a writ from the Calif. Court of Appeals that would protect the journalists from disclosing information about their sources.

EFF lawyers argued Thursday that while the Uniform Trade Secrets Act holds those who receive trade secrets liable if they knowingly disseminate confidential information, Web sites and their journalists are protected by the California Constitution, the California Evidence Code, and the First Amendment and that the case threatens the basic freedoms of the press. The subpoenas should not be permitted because Internet journalists deserve the full protection of traditional print and broadcast journalists, the brief said.

In December, Apple filed a seven-page "John Doe" lawsuit and requested the owners of three Mac news Web sites produce all "documents relating to the identity of any individual or individuals who have knowledge regarding the source of posts on its site disclosing information about the product."

On February 16, Apple agreed to not serve subpoenas on the three Mac news sites seeking information on who allegedly leaked product secrets until the court held Thursday's hearing on the matter.

Recent Headlines - Updated October 21st

Tue,10:50 AM
How to Enable Apple’s SMS Relay on your Mac or iPad
9:43 AM
Apple Earnings Smackdown Ranks Analyst Predictions
Mon,9:52 PM
Apple Q4 Earnings Sliced And Diced
8:21 PM
Apple Q4 MacBook Sales Hit Record Breaking Numbers, Jump 25 Percent
7:45 PM
Here’s What Apple Wants to Achieve With Apple Pay
7:33 PM
How Apple’s Tim Cook Explained Away Poor iPad Sales
6:31 PM
Apple Store App Update Adds Apple Pay Support
5:59 PM
China Holds Huge Potential for Apple with First Time iPhone Buyers
5:16 PM
Apple Teases Future Plans for Beats
5:02 PM
Apple Posts a Record September Quarter - $42.1 Billion Revenue, $8.5 Billion Earnings
4:45 PM
How-to Set Up and Add Credit Cards to Apple Pay
1:32 PM
TMO Daily Observations: 2014-10-20
  • __________
  • Buy Stuff, Support TMO!
  • Podcast: Mac Geek Gab
  • Podcast: Apple Weekly Report
  • TMO on Twitter!