Think Secret SLAPPs Apple
p2pnet.net News:- Nick Ciarelli, owner of the Mac news-and-rumour site Think Secret, isn’t waiting for Apple to nail him to the wall.
Under his nom de plume Nick dePlume, Ciarelli published information on Apple’s Mac mini before it was officially launched.
This upset Steve & Co and now they’re after him in a lawsuit, “intended to shutter the news reporting efforts of a Web site that since 1998 has been the Internet’s top source for news scoops about Apple and the Mac,” says Ciarelli on the Think Secret web page.
“Think Secret offers sources confidentiality or anonymity,” says the special motion Think Secret has filed to have Apple’s lawsuit against it dismissed on First Amendment grounds.
It goes on to say it doesn’t often get information in this way, that such information “frequently involves inaccuracies and mistakes, and rarely involves useable information about potential future Apple products” and, “On most occasions involving anonymity or confidentiality, to the best of the dePlume Organization’s knowledge, such sources are not Apple employees.”
Apple’s lawsuit is an “affront to the First Amendment, and an attempt to use Apple’s economic power to intimidate small journalists," Think Secret says in the filing.
"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."
The special motion is lodged under the California Anti-SLAPP Statute designed to, “stem meritless lawsuits that attempt to chill valid constitutional exercises of freedom of speech,” says Ciarelli, emphasizing his site is “engaged in journalism and the articles challenged in Apple’s suit contained newsworthy information”.
‘No economic value’
Under the First Amendment, a journalist can’t be held liable for trade secret misappropriation or inducing breach of contract for publishing newsworthy information lawfully obtained, says in the application.
This applies to offline writers. Are online journalists protected in the same way? A California judge will shortly rule on that.
In the meanwhile, “The court filings also say that the information published is not entitled to trade secret protection under the law as it already had been publicly disclosed and had no economic value in the short time between Think Secret’s publication and Apple’s press releases,” says the site. “In addition, the articles challenged by Apple did not disclose source code or similar technical information.”
Think Secret also states Apple’s sole allegations of alleged improper activity are that Think Secret offered anonymity to some sources, and Think Secret’s Web site accepts news tips – both accepted methods used by traditional journalists.
“The dePlume Organization did not sell the alleged trade secret information or pay Apple employees to disclose information,” he emphasises.
This lawsuit against Think Secret is separate from the "John Doe" suit under which Apple is looking for information from PowerPage, AppleInsider and Think Secret over Apple’s Asteroid break-out box.
“Think Secret has done no original reporting on Asteroid,” he states.
“In contrast, Apple’s lawsuit against the dePlume Organization seeks damages from Think Secret, a news organization.”
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See:-
published information – Mac mini ’secrets’ author named, p2pnet, January 14, 2005
Think Secret – Think Secret goes on offensive, asks to have Apple lawsuit dismissed, March 4, 2005
shortly rule – No Apple ‘Asteroid’ decision yet, p2pnet, March 5, 2005
