Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Menu
Search
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Apple
    • Apple
    • IT Management

    Mac Site Seeks Dismissal of Apples Lawsuit

    By
    Ian Betteridge
    -
    March 8, 2005
    Share
    Facebook
    Twitter
    Linkedin

      Mac news site Think Secret has filed a motion requesting that an Apple lawsuit against it be dismissed on grounds that it violates the First Amendment of the U.S. Constitution.

      Apple has alleged that Think Secret posted its proprietary information on the Web, which would be an offense under Californias strict trade secrets law.

      The motion, filed in the California Superior Court in Santa Clara County under the states anti-SLAPP statute, designed to prevent meritless lawsuits, asks the court to strike Apples complaint on the grounds that, as a news organization, Think Secret enjoys protection under the First Amendment.

      The motion claims that this means “a journalist cannot be held liable for trade secret misappropriation or inducing breach of contract for publishing newsworthy information, lawfully obtained, even if a source improperly obtained the information, and even if the journalist knew the information had been obtained illegally.”

      Included in the submission are statements from Dan Gillmor, a 24-year veteran reporter, and Thomas Goldstein, professor of journalism and mass communications at the University of California at Berkeley, supporting Think Secrets claim that it is engaged in journalism.

      The motion goes on to claim that the published information—which included details of iSync 1.1, Apples iWork software suite, and the Mac mini—did not constitute trade secrets, on the grounds that it had previously been publicly disclosed, and had no economic value given the short period of time between publication of the stories and the release of the products.

      In its submission to the court, Think Secret claimed “Apples lawsuit is an affront to the First Amendment, and an attempt to use Apples economic power to intimidate small journalists. If a publication such as the New York Times had published such information, it would be called good journalism; Apple never would have considered a lawsuit.”

      /zimages/2/28571.gifFor insight on Apples recent actions against rumor sites, check out eWEEK.com Executive Editor Matthew Rothenbergs Weblog.

      In a statement, Apple claimed it believed that “Think Secret solicited information about unreleased Apple products from these individuals, who violated their confidentiality agreements with Apple by providing details that were later posted on the Internet.”

      Apple is currently involved with a separate legal dispute with Think Secret, which, along with long-standing Mac sites PowerPage.org and AppleInsider, is being subpoenaed in an attempt to force the sites to disclose sources for stories on a putative music peripheral code-named Asteroid.

      /zimages/2/28571.gifClick here to read more about Apple filing a lawsuit alleging the dissemination of confidential information.

      The company claimed that it required the source material in order to identify the person or persons who originally leaked the information, while the Web sites claimed protection under Californias “Journalist Shield” law, which immunizes journalists from contempt of court proceedings for refusing to reveal sources or pass on unpublished source materials.

      Late last Thursday, the judge in that case issued a tentative ruling granting Apples request for subpoenas, but stopped short of issuing a final decision until later this week.

      However, as this is a separate case concerning different products and stories, it is unlikely to have any impact on the other case.

      /zimages/2/28571.gifCheck out eWEEK.coms for the latest news, reviews and analysis on Apple in the enterprise.

      Ian Betteridge

      MOST POPULAR ARTICLES

      Android

      Samsung Galaxy XCover Pro: Durability for Tough...

      Chris Preimesberger - December 5, 2020 0
      Have you ever dropped your phone, winced and felt the pain as it hit the sidewalk? Either the screen splintered like a windshield being...
      Read more
      Cloud

      Why Data Security Will Face Even Harsher...

      Chris Preimesberger - December 1, 2020 0
      Who would know more about details of the hacking process than an actual former career hacker? And who wants to understand all they can...
      Read more
      Cybersecurity

      How Veritas Is Shining a Light Into...

      eWEEK EDITORS - September 25, 2020 0
      Protecting data has always been one of the most important tasks in all of IT, yet as more companies become data companies at the...
      Read more
      Big Data and Analytics

      How NVIDIA A100 Station Brings Data Center...

      Zeus Kerravala - November 18, 2020 0
      There’s little debate that graphics processor unit manufacturer NVIDIA is the de facto standard when it comes to providing silicon to power machine learning...
      Read more
      Apple

      Why iPhone 12 Pro Makes Sense for...

      Wayne Rash - November 26, 2020 0
      If you’ve been watching the Apple commercials for the past three weeks, you already know what the company thinks will happen if you buy...
      Read more

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2021 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×