p2pnet - rss feed: No Apple ‘Asteroid’ decision yet
p2pnet.net News:- Under America’s First Amendment, although reporters are ‘privileged,’ they’re not protected in all circumstances and subpoenas can be used as a last resort to compel them to hand over confidential information – such as the names of ‘sources’.
With this in mind, yesterday, the EFF (Electronic Frontier Foundation) asked a Santa Clara County Superior Court judge to rule that three online reporters don’t have to reveal the identities of people who told them about ‘secret’ Apple products.
Apple is suing several unnamed individuals whom it says leaked information about its Asteroid breakout box and subpoenaed Nfox, the ISP for PowerPage.com publisher Jason O’Grady, demanding it turn over the communications and unpublished materials obtained by him.
Steve & Co also have permission to issue subpoenas directly to EFF clients PowerPage and AppleInsider for similar information.
Yesterday’s hearing examined whether Apple had, “overcome this qualified privilege to demonstrate that its need for the information was greater than the need to protect the confidentiality of these journalists’ sources,” says the EFF.
“We don’t believe Apple has exhausted all methods of getting this information,” said EFF lawyer Kevin Bankston.
“Apple hasn’t subpoenaed any of its employees the way it subpoenaed our clients’ ISP. Nor has it deposed any of its employees in the case.”
A preliminary ruling already holds that the three must name the sources of their information.
“Here we have several blog operators, whose love for anything mac prompted them to dedicate their own time and money to build these sites,” posted a p2pnet reader.
“Moreover, what these sites amount to is a ridiculous amount of free publicity for Apple, creating buzz about new products, so that the market is saturated with customers chomping at the bit to be the first one to own the new mystery product.
“As it stands now, because they didn’t have the tact to handle it discreetly, they’re taking legal action against some of their biggest proponents, and it makes them look like monsters, much the same as the RIAA.”
The judge promised a written decision soon, says the EFF.
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See:-
EFF - No Ruling Issued Yet in Apple Case, March 4, 2005
Asteroid breakout box - Apple holds off in Asteroid case, p2pnet, February 18, 2004
dedicate their own time - Really dumb move, Apple, p2pnet, March 4, 2005
March 5th, 2005 at 5:27 pm
It seems to me that Apple and company are the bigest ASTEROIDS. They are shooting there own foot or computer in this case. Which by the way is very overpriced anyway.