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TMO Reports - Big Business Sides with Apple against Web Sites
by , 11:45 AM EDT, April 28th, 2005
Semiconductor giant Intel and biotech giant Genentech have filed papers with Santa Clara County Superior Court in support of Apple Computer's efforts to force Mac sites to give up their sources for unannounced Apple products. Bloomberg News reported Thursday that the two corporate heavyweights had filed briefs supporting Apple's right to protect its trade secrets, a move that more clearly delineates this as a fight between Big Business and The Press.
At issue is Apple's legal efforts to gain access to e-mail records for the publishers of Think Secret, PowerPage, and AppleInsider to discover the sources of leaked information that resulted in those sites publishing news of various unannounced Apple products.
The company filed separate actions against the three sites, and in March of 2005, Santa Clara County Superior Court Judge James Kleinberg ruled that PowerPage had to divulge its sources.
Defending PowerPage is the Electronic Frontier Foundation (EFF), which appealed the decision. Since that time, a variety of traditional and new-media publishers have filed a friend-of-the-court brief asking the California Court of Appeal to reverse the decision.
In the brief that was prepared by Grant Penrod of the Reporters Committee for Freedom of the Press, several news publishers and First Amendment organizations argued that the trial court incorrectly allowed trade secret law to trump First Amendment rights. The brief also said that Apple had failed to exhaust all other alternative sources for the information it sought before going after journalists' sources, as required by reporter's privilege under the First Amendment.
Signers of the brief included the Associated Press, the California First Amendment Coalition, the California Newspaper Publishers Association, Copley Press, Freedom Communications, Inc., Hearst Corp., Los Angeles Times, McClatchy Company, San Jose Mercury News, Society of Professional Journalists, Reporters Committee for Freedom of the Press, and the Student Press Law Center.
Earlier in April, another group, the Bear Flag League, a coalition of 80 bloggers, filed its own friend of the court brief in support of the EFF's position on the case that bloggers should have the same protections as traditional journalists.
The filings from Intel and Genentech, on the other hand, argue that there was no public interest being served by these stories, and that companies had to be able to protect their trade secrets.
"What happened here wasn't any kind of protected journalism," Steven Hirsch, a lawyer for Genentech, told Bloomberg News. "It was the posting of raw, unmediated stolen property to a Web site. Companies need to be able to take reasonable and limited steps to find out who is stealing their trade secrets and essentially destroying their value by having them posted to the Web."
We should note, too, that Arthur D. Levinson, Genentech's highly-respected chairman, has served on Apple's board of directors since 2000.
Intel spokesperson Chuck Malloy told Bloomberg, "Intel strongly supports First Amendment rights, and we do not doubt that the news media have an interest in protecting their sources. However, we believe that no public interest is served in having trade secrets involving unannounced products stolen and published broadly."
You can find additional information on the briefs filed in the Bloomberg News story, which was published Thursday by the New York Times. The Times requires free registration.
Brad Cook contributed to this story.
Observer Comments
You say you want freedom... (maybe even freedom from abuse!)
Firstly, there's one wise one who said, 'Do not judge, or you too will be judged. For in the same way you judge others, you will be judged...' and 'Anyone who sins is a slave to sin...'.
Secondly, there's an older law than the so called 'first' amendment which says 'do not steal'. If the latter negates the former (which I have no idea - not being an American) then the latter is clearly wrong.
We seem to always hear people using these 'amendments' to justify wrongdoing; such people talk about "my" rights without regard for their "neighbour's" (and it's not only journalists who face this dilemna - if they choose to face it, that is).
You ask for freedom but yet keep on talking as if "I" have the right to do anything "I" like no matter who gets hurt in the process - and then have the hide to say that the law protects "me", the wrongdoer. That's backwards... not freedom. Selfishness is incompatible with true freedom.
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