New Apple Asteroid trouble
p2p news / p2pnet:- When Apple was trying to find out who’d leaked information about its Asteroid FireWire break-out box, it failed to conduct an exhaustive investigation inside the company before subpoenaing two reporters’ anonymous sources, the EFF has discovered.
“This is a crucial issue in the case, which will be heard by the California Court of Appeal, because the First Amendment and the California Constitution require that Apple exhaust all other alternatives before trying to subpoena journalists,” it declares.
“It never took depositions, never issued subpoenas (other than to the journalists), and never asked for signed declarations or information under oath from its own employees.”
The EFF (Electronic Frontier Foundation), along with co-counsel Thomas Moore III and Richard Wiebe, is representing journalists with AppleInsider.com and PowerPage.org.
The box, code-named ‘Q97′ or ‘Asteroid,’ would let users record audio using any Mac and Apple’s GarageBand music studio application, said the leaked stories.
“According to reputable sources, the company is on track to begin manufacturing the device overseas next month,” the AppleInsider report said, going on, “According to sources, Asteroid will include two XLR/ TRS audio input connectors, two RCA analog output jacks, and a standard headphone jack. The device will draw power through a single FireWire 400 port and include a phantom on/off power switch.
“In addition to the aforementioned specs, a more advanced version of the Asteroid device – recently seen floating around the Apple’s Cupertino campus – sports an additional S/PDIF optical output port; however, it is unclear which version the company will ultimately send to manufacturing.”
Apple claimed infringement of trade secret law and last December sued several unknown parties who’d allegedly leaked information about Asteroid.
“Apple also claimed that its internal investigation was itself a trade secret and would therefore need to be sealed from opposing counsel,” says the EFF.
The foundation says the new information clearly shows the only computer forensics conducted by Apple were a search of its email servers and a “rudimentary examination of a single file server”.
Apple failed to examine employees’ individual work computers or other devices able to store or transmit information, examine phone records, look at copy machines or otherwise investigate the possibility that information about Asteroid went by means other than email.
“Moreover, as public documents already showed, Apple did not even obtain sworn statements from employees who had access to the leaked ‘Asteroid’ specs,” says the EFF.
Jobs: man of honour?
A California Superior Court ruled earlier this year that the subpoenas could be issued, both to the journalists’ email providers as well as to the publishers of the web sites themselves. After the journalists appealed, the California Court of Appeal ordered Apple to show cause as to why the journalist’s petition should not be granted.
No date is set yet for the hearing in the Court of Appeal.
Meanwhile, in June, rumours about another major Apple development were originally leaked by the Wall Street Journal, and then by Reuters and CNET, among others.
Apple, “plans to announce on Monday that it will switch to using Intel Corp’s microprocessors and phase out its current chip supplier, International Business Machines Corp,” said CNET, quoted by Reuters.
“Apple plans to use Intel chips in lower-end Macs such as the mini in mid-2006, and higher-end models such as the Power Mac in the middle of 2007.”
Will Jobs now prove he’s a man of honour and integrity and sue Reuters, the WSJ and CNET? – we asked at the time.
“And will the mainstream media now underscore their belief in fair and honest reporting by demanding that Apple either treats Reuters, the WSJ and CNET in the same way that it’s treating AppleInsider, Think Secret and PowerPage, or drops the lawsuits altogether?”
Don’t stay tuned, we added.
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First they ignore you, then they laugh at you, then they fight you, then you win
- Mohandas Gandhi
See:-
break-out box – Apple holds off in Asteroid case, February 18, 2005
major Apple development – Apple to drop IBM for Intel, June 5, 2005
September 13th, 2005 at 11:40 pm
“Apple also claimed that its internal investigation was itself a trade secret and would therefore need to be sealed from opposing counsel,”
Oh yeah, that’s credible. With ludicrous claims like that, Apple’s case should be summarily dismissed.
Eeeuuuuu, I just stepped in a pile of trade secrets…