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Mercury News Calls Apple's Anti-Rumor Lawsuits "Misguided"

by , 1:20 PM EST, March 10th, 2005

Apple's lawsuits against Think Secret, PowerPage, and AppleInsider are "misguided," according to an editorial published Thursday by Apple's home town newspaper, the San Jose Mercury News.

The editorial said the sites perform the same function as traditional media outlets like print trade magazines and newspapers, and deserve the same protections as traditional journalists. Such protections, said the editorial, are "essential to a free press."

At issue is one lawsuit accusing Think Secret of publishing Apple's Trade Secrets that seeks to force the site to reveal its sources, as well as subpoenas issued to PowerPage, AppleInsider, and Think Secret in a separate case against John Does (unknown persons) also seeking their sources.

Apple's legal argument has heretofore been that these sites are not run by "journalists," and are therefore not eligible for protections granted to journalists.

"It's a puzzling and misguided argument," wrote the unsigned author of the piece. "The Web sites have been writing about Apple for some time. The people behind them collect information that is of interest to the public and publish it for the consumption, primarily, of a throng of avid Macintosh fans. In other words, they perform a function that is little different from that of scores of trade publications, or even the business sections of major newspapers."

The piece concluded with, "If the judge rules against the Web sites, this is a case that ought to be appealed to a higher court."

Observer Comments

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Close Name:macnut Posts: 52 Joined: 28 Jul 2004
Subject:

http://daringfireball.net/2005/03/new_york_times.php

Close Name:macnut Posts: 52 Joined: 28 Jul 2004
Subject:

sorry, duplicate post



Last edited by macnut on Thu Mar 10, 2005 3:08 pm; edited 2 times in total
Reply | Quote
Close Name:macnut Posts: 52 Joined: 28 Jul 2004
Subject:

sorry, triplicate post



Last edited by macnut on Thu Mar 10, 2005 3:05 pm; edited 1 time in total
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View Name:Guest
Subject: this is nonsense
View Name:Guest
Subject: journalism
View Name:Guest
Subject:
Close Name:Small White Car Posts: 1937 Joined: 02 Jul 2004
Subject:

Quote
Anonymous wrote:

You are all morons. Today there is a blogger in the White House press corp.


Here's a big idea for you: We're basing our comments on these web pages based on WHAT THEY DID, not what OTHER BLOGGERS are doing.

Does that make sense? What OTHER bloggers do has no bearing on what Thinksecret does.

View Name:Guest
Subject: bloggers
Close Name:Boyarsky Posts: 64 Joined: 03 Apr 2002
Subject: Journalist or not?

Take it easy... I bet there are circumstances & facts in these suits that NONE of us know about.

Did the sites ASK for NDA information? or was the information leaked to them?
--Leaks occur all the time from "classified" gubmint sources to journalists and you don't (usually) see Rummy suing those journalists.

Was the journalist hanging around the Cupertino eavesdropping on Apple employees?

What exactly IS a journalist? -- I think this is going to me the courts biggest stumbling block.

There is stuff we do not (and will not) know till after this is all over. Please, until we have all the facts let's be civil to each other. After all this is only speculation.

Just my 2¢
Thanks,
John Boyarsky
RSMS ISS Guy, Tutor & Dirt Burner
Fairbanks, AK

View Name:Guest
Subject: TS is not an Apple supporter
View Name:Guest
Subject: Score: Merc 1, Apple 0
View Name:Guest
Subject: Oh?
Close Name:jacrav Posts: 268 Joined: 04 Jul 2001
Subject: ThinkSecret and AppleInsider

The O'Grady PowerPage is in a different ball park. This guy is knowledgeable and puts together REAL INFO, in the sense that he develops ideas and solid arguments, as well as thorough technical analysis. The other 2 are RUMOR SITES, the rough equivalent of the Enquirer …
I'm sorry for O'Grady, but apparently he had a lapse of judgment when he published what he did, and it's quite possible that he will end up having decent-and quiet-settlement terms …
The other 2 are only chasing NDA stuff, ThinkSecret openly advertized it on its own site … that was definitely an enticing attitude with a promise of total anonimity and protection from legal liability. Let's now see if he can deliver on his promise, as he's being called ! Free speech does not cover enticement to break one's legal contract, IMHO. I'm surprised that this aspect of the problem is never really stressed, simply because the little twerp is a teenager … Does teenage excuse every damn thing ???? It never did for me …
All these journalist apologists are self-serving hypocrites, they raise the flag in favor of people they would never accept to work with or (even less) for, simply because they're in a VERY LOOSELY similar type of occupation. The right to be assimilated to a journalist comes with the requirement to adhere to a journalistic code of ethics. Period.''

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