The Orrick letter bases it's opinion on the fact that the information is trade secret. However, many courts have held that leaving a phone in the public, even accidentally is enough to defeat the requirements for information being a trade secret. Of course, there is a circuit split on the issue, but the 9th circuit follows the more "liberal" approach and applies a very strict standard to be afforded protection as a trade secret.
Thus, the letter's don't really apply here.
If I were the buyer, I'd structure the transaction to make it an exclusive access sale as they are now claiming and not a transfer, but I'm also a lawyer and can spot those issues.
I don't dispute your legal take on it whatsoever.
Irrespective of the outcome of the trade secret status, Gizmodo had clear knowledge of Apple's recently expressed, direct interpretation of their seriousness about confidentiality. Gizmodo's enticement contest, their glee surrounding the reveal, and their evolving truth-challenged behavior demonstrates to me that they're more interested in Gizmodo being the story and putting their finger-in-Apple's-eye. They may surmount their legal challenge, but they've risked becoming toast in the tech industry for a quick improvement to their bottom-line. That might not workout to be a wise strategy.
Apple Insider didn't out this guy - his lawyer gave a freakin' interview to Wired magazine! In the interview, the lawyer admitted this guy got $5,000 for giving the iPhone to Gizmodo. I don't see your problem with this: the guy's lawyer publicly revealed the information - on purpose.
I realize AI didn't "out" the guy. Read the whole thing. You're missing the "Prince McLean" way of reporting the details that are interspersed with adjectives that slant it in a way that he is good at.
I already said that the facts were presented, but in a way that Daniel likes to do. You could put Oprah Winfrey as the author and you'd still be able to easily see it is Daniel who wrote the piece.
He often takes the facts and winds a story to serve his own purpose. You're just oblivious to the subtleties.
Oh. I thought it was going to be about an iPhone 4 version of Finder called "Keeper". That would have been awesome. Maybe if they just gave us a downloads folder. Anyways...
Douche, douche and douche. Not DED though. Hi-5!
Clearly the kid's an idiot. And the wired fud man too. Hence: jail.
Maybe everyone should get some tats and work out, just in case. Can't necessarily rely on the old noggin, or orphan work to keep you out of Harm's way.
I'm going to play devil's advocate for a second...
For everyone who is wishing the demise of Gizmodo, did you feel the same way for ThinkSecret? Does AppleInsider and its sources deserve the same treatment?
Yeah, that one got old. Making comments where a proper name is repeatedly distorted doesn't work well for me. Lots of caps does it too.
Quote:
Originally Posted by k2director
Be as skeptical as you like. The statement I stood by referred to the liberal wacko nature of San Francisco, and how it taints the viewpoints of the city's tech press regarding Apple's behavior in this particular case. A few people suggested that there was no such connection, and I pushed back and said there definitely was, standing by my earlier statement.
OK, fair enough.
Quote:
And please stop trying to put words in my mouth....I never said "pray" or "prayed."
I didn't mean to do it on that one, I was referring to an unrelated recent Facebook phenomenon regarding a world leader, maybe you haven't heard of it yet. Never mind on that one.
The Orrick letter bases it's opinion on the fact that the information is trade secret. However, many courts have held that leaving a phone in the public, even accidentally is enough to defeat the requirements for information being a trade secret.
"Many courts"? Care to provide evidence?
In fact, all the rulings I've seen say that accidental disclosure of an item doesn't invalidate trade secret protection for anything that wasn't disclosed. AND, the fact that the phone was disguised weakens your argument further.
WORST CASE is that the court could argue that the fact that the phone was seen in public would allow Gizmodo to take pictures of the outside of the disguised phone and state that they believe it is a disguised 4G phone. As soon as they started disassembling, they were violating trade secrets.
Not to mention, of course, that the major problem Gizmodo has is not trade secret violations. It is purchase and possession of stolen property.
Quote:
Originally Posted by bucci
I'm going to play devil's advocate for a second...
For everyone who is wishing the demise of Gizmodo, did you feel the same way for ThinkSecret? Does AppleInsider and its sources deserve the same treatment?
I've answered that already. It's not a difficult concept. The difference is that ThinkSecret or AppleInsider do not purchase stolen property.
If someone voluntarily gives information to a rumor site that is covered by NDA, that person is guilty of breaking the NDA, but the rumor site who publishes it is not - and they are covered by Journalist Shield statutes.
As soon as the journalist commits a crime in order to gather information (stealing property, buying stolen property, breaking and entering, etc), they lose that defense - and become criminals rather than just reporters.
Quote:
Originally Posted by k2director
Of course it is, when 1 in 3 city employees make more than $100,000...thanks to, again, the liberal wackoism of the city. When a locksmith working for the public school system is making over six figures, with a full pension and rich medical benefits to boot, you know something's wrong.
Last time I checked, it was a free country. You're welcome to move somewhere else if you don't like San Francisco. If enough people do that, they'll have to change.
BTW, why didn't Apple or Powell immediately report the theft? Isn't that what a sane person would do? Rather than wait weeks? Weeks? Apple's famed secrecy may have been compromised but that's a real risk when you play those kinds of games.
He is represented by a partner at K&L Gates. How can he afford that? Aren't they something like #3 on AmLaw? Bornstein was a 20 year federal prosecutor. Seems like a big gun. A big expensive gun.
Apparently he reported to Apple immediately, which is what he should have done. That shows a lot of integrity on his part, although I sure the subsequent interviews with Apple security were no picnic.
Too bad those JPGs of the Warning Letter are too small for comfortable reading...
Clearly, GizHOLES were warned..., and they chose to play Hardball with Apple, still... Now let them pay for such SLEEZY "Business Model"....
The verdict in this case has to be such that no other clowns try this kind of stuff ever again! If they tried that in China, they would probably be shot after a quick trial... If my China example is less than perfect, the better informed ones on this forum could suggest another country..., North Korea?
The Press Shield in this case is a farce!!!. It is an insult to journalists worldwide, and particularly to those journalist that lost their lives in the name of freedom etc.! The real journalists should be the first ones to condemn GizHOLES loudly and clearly!!!
But, maybe mostly the big media decided to not give GizHOLES too much free pr by covering this story... So maybe that's for the best... I was annoyed when I saw the "raid... search" mentioned on CNN Healine News, with a photo of the stolen item, and GizHOLES site watermark!!! It was hard to tell which side the reporter was on, but if I had to guess, I'd say it would be on the side of the GizHoles, "The Victims of The Big Brother!"... Thus another "deposit" inot GizHOLES 15 Minutes of Fame Account!!! What a perversion!!!
When the New iPhone is out, soon I hope, this story won't matter much, it'll fade away, and, hopefully, GizHOLES will have plenty time in JAIL to write their book on how they tried to mess with Apple... Their fans will try to buy them more fame with petitions, and online videos, demanding their release!
Sorry if I come off too angry about this topic, it's just that it insults me!!! So many people at Apple, and everywhere in this world, work hard, on deadlines, pay their dues to excel at their work, trying to feed their families! Not every Apple Shareholder is a rich person with Play Money! It could be someone's retirement, or income! Then these GizClowns come in, and try to get Famous at those hard working people expense!
Obviously, GizClowns, like all other paparazzi, don't care about hurting people! Less and less is sacred these days! Celebrities are being constantly haunted by media... Ratings = Ads $$!!! Clearly, by picking on Apple, being The Biggest Tech Celebrity of Today, these GizClowns aimed to put themselves on a map in a big way!!! That's what Celebrity Stalkers and Assassins do!!!
This was a crime not just against Apple, but many more hard working people! And that is what makes me so ANGRY, particularly when that aspect is hardly, if at all, mentioned in the media in conjunction with this story!
That was not a People Have The Right To Know issue! The media should not treat them as "one of us"!!! The GizClowns are bad for the media!!!
The "raid search" of the Editor's home is almost equated to (prison, child) rape, or human rights!!! In reality, those GizClowns are nothing more than anarchists, pretending to be journalists, attacking The Comeback Kid Company, Apple, and its cancer survivor CEO, Steve Jobs, so that they can ride that company's coat tales, as far as Tech Press Fame goes, while at the same time hurting that company, using that company's own products (Mac laptops etc.) Pretty sick!!!
No, I am not gonna wish the GizClowns cancer, or call them SF Liberals... They are just a bunch of •• selfish •• brats, who tried to see how much they'd be able to get away with! I wouldn't be surprised if making a movie about this stunt was in their sick fantasies... And •• selfish •• knows no boundaries, political and otherwise...
Now, let the GizClowns go serve Big Time in JAIL!!! Hopefully they'll be put away without much fanfare, which Apple Haters will try to exploit to the max!!! Jealousy!!!
Whenever you need an attorney, you are already screwed!
True, if you need a lawyer, you're in a deep hole. But a decent lawyer can keep you from digging your hole even deeper. Though I think not lying, not offering information and keeping your answers short and simple are probably the three most important things to do. I understand that "pleading the fifth" has some very specific rules, best to have a lawyer to cover that.
I've answered that already. It's not a difficult concept. The difference is that ThinkSecret or AppleInsider do not purchase stolen property.
If someone voluntarily gives information to a rumor site that is covered by NDA, that person is guilty of breaking the NDA, but the rumor site who publishes it is not - and they are covered by Journalist Shield statutes.
As soon as the journalist commits a crime in order to gather information (stealing property, buying stolen property, breaking and entering, etc), they lose that defense - and become criminals rather than just reporters.
I'm quite clear how the law works. However the point of my post, which you compounded, is that without people breaking the law or NDAs, we would not have much to talk about. In fact, this site probably wouldn't even exist.
The old adage that bad news does not get better with age is ringing in my ears. Pure conjecture on your part. I find it fascinating that you think that a person would be able to use a prototype Apple phone unfettered without regular attestations as to its whereabouts. This is Apple we're talking about.
I'm quite clear how the law works. However the point of my post, which you compounded, is that without people breaking the law or NDAs, we would not have much to talk about. In fact, this site probably wouldn't even exist.
Careful what you wish for.
And, yet, that's not what you asked. You asked why this situation is different than what AI and ThinkSecret do. The answer, of course, is that AI and TS obey the law.
Personally, I would be much happier if people followed NDAs. I would be much happier in a world where people could be trusted to do what they say they're going to do. Sorry you don't feel that way.
It would NOT mean the end of AI or TS or legitimate rumor sites as you suggest. There are still lots of legal ways to obtain information without breaking an NDA. As a few examples:
- Reporting on a sudden increase in lead time for a product - which might imply an upgrade soon
- Reporting on items being received by AppleStores, Foxconn, etc that can be observed from a public area
- Reporting on slips of the tongue made by key personnel
- Reporting on roadmaps in one area (such as Intel and AMD roadmaps) that might affect Apple products
- Interviews with key people to see if information can be obtained
And so on. It's a little harder than encouraging people to break their NDAs, but it's more honest.
Of course it is, when 1 in 3 city employees make more than $100,000...thanks to, again, the liberal wackoism of the city. When a locksmith working for the public school system is making over six figures, with a full pension and rich medical benefits to boot, you know something's wrong.
And that's in 2009, when the economy had collapsed and tons of private sector workers were struggling with pay freezes, cutbacks, layoffs and rampant unemployment. But combine runaway unions with a city government that's never met a tax it didn't love, and that's what you get. ;-) Liberal wackoism at its finest.
The problem isn't that they are making too much, it's that everyone else has been making so little.
Elizabeth Warren showed how screwed we are when a man today makes about $800.00 *less* than his father thirty years ago, and how a man today has to go into debt to get an education to even make that amount.
The economy is broken and the rich ownership class at the top has been sucking all the productivity and real gains of the last thirty years for themselves... the problems with the private sector definitely predated 2008-2009. It's been destroying the middle class since the early 1970s and they can no longer manufacture bubbles to maintain the illusion of growth or even sustainability.
The longer they leave it up, the greater the damages Apple will get. Given that iPhone sales were already slacking under the 'rumor' the true damages aren't going to be that bad. But Apple will have much more material evidence of being harmed and the deminished impact of sales.
Gizmodo hasn't taken a bite out of Apple. No. The Apple will swallow whole all of Gizmodo.
Comments
The Orrick letter bases it's opinion on the fact that the information is trade secret. However, many courts have held that leaving a phone in the public, even accidentally is enough to defeat the requirements for information being a trade secret. Of course, there is a circuit split on the issue, but the 9th circuit follows the more "liberal" approach and applies a very strict standard to be afforded protection as a trade secret.
Thus, the letter's don't really apply here.
If I were the buyer, I'd structure the transaction to make it an exclusive access sale as they are now claiming and not a transfer, but I'm also a lawyer and can spot those issues.
I don't dispute your legal take on it whatsoever.
Irrespective of the outcome of the trade secret status, Gizmodo had clear knowledge of Apple's recently expressed, direct interpretation of their seriousness about confidentiality. Gizmodo's enticement contest, their glee surrounding the reveal, and their evolving truth-challenged behavior demonstrates to me that they're more interested in Gizmodo being the story and putting their finger-in-Apple's-eye. They may surmount their legal challenge, but they've risked becoming toast in the tech industry for a quick improvement to their bottom-line. That might not workout to be a wise strategy.
http://tv.gawker.com/5526868/jon-ste...f-gizmodo-case
rant, rant, rant...
Two simple words:
Shut up.
Thank you.
Apple Insider didn't out this guy - his lawyer gave a freakin' interview to Wired magazine! In the interview, the lawyer admitted this guy got $5,000 for giving the iPhone to Gizmodo. I don't see your problem with this: the guy's lawyer publicly revealed the information - on purpose.
I realize AI didn't "out" the guy. Read the whole thing. You're missing the "Prince McLean" way of reporting the details that are interspersed with adjectives that slant it in a way that he is good at.
I already said that the facts were presented, but in a way that Daniel likes to do. You could put Oprah Winfrey as the author and you'd still be able to easily see it is Daniel who wrote the piece.
He often takes the facts and winds a story to serve his own purpose. You're just oblivious to the subtleties.
Yes, the facts are there. I'll leave it at that.
Douche, douche and douche. Not DED though. Hi-5!
Clearly the kid's an idiot. And the wired fud man too. Hence: jail.
Maybe everyone should get some tats and work out, just in case. Can't necessarily rely on the old noggin, or orphan work to keep you out of Harm's way.
(Harm is a convict)
For everyone who is wishing the demise of Gizmodo, did you feel the same way for ThinkSecret? Does AppleInsider and its sources deserve the same treatment?
maybe this apple employee was stalked, and as he went into the beer house was targeted.
he put the phone down and it wasNOT LOST BUT INSTEAD STOLEN. the apple guy just thought he "lost" it because of his drinking
certain types of cars are done the same way, followed till they can be heisted
i wonder if other apple employees have been targeted, but this is the mark that "worked"
the people involved all tell me this was a coordinated attack
this smells really bad
Two simple words:
Shut up.
Thank you.
Yeah, that one got old. Making comments where a proper name is repeatedly distorted doesn't work well for me. Lots of caps does it too.
Be as skeptical as you like. The statement I stood by referred to the liberal wacko nature of San Francisco, and how it taints the viewpoints of the city's tech press regarding Apple's behavior in this particular case. A few people suggested that there was no such connection, and I pushed back and said there definitely was, standing by my earlier statement.
OK, fair enough.
And please stop trying to put words in my mouth....I never said "pray" or "prayed."
I didn't mean to do it on that one, I was referring to an unrelated recent Facebook phenomenon regarding a world leader, maybe you haven't heard of it yet. Never mind on that one.
The Orrick letter bases it's opinion on the fact that the information is trade secret. However, many courts have held that leaving a phone in the public, even accidentally is enough to defeat the requirements for information being a trade secret.
"Many courts"? Care to provide evidence?
In fact, all the rulings I've seen say that accidental disclosure of an item doesn't invalidate trade secret protection for anything that wasn't disclosed. AND, the fact that the phone was disguised weakens your argument further.
WORST CASE is that the court could argue that the fact that the phone was seen in public would allow Gizmodo to take pictures of the outside of the disguised phone and state that they believe it is a disguised 4G phone. As soon as they started disassembling, they were violating trade secrets.
Not to mention, of course, that the major problem Gizmodo has is not trade secret violations. It is purchase and possession of stolen property.
I'm going to play devil's advocate for a second...
For everyone who is wishing the demise of Gizmodo, did you feel the same way for ThinkSecret? Does AppleInsider and its sources deserve the same treatment?
I've answered that already. It's not a difficult concept. The difference is that ThinkSecret or AppleInsider do not purchase stolen property.
If someone voluntarily gives information to a rumor site that is covered by NDA, that person is guilty of breaking the NDA, but the rumor site who publishes it is not - and they are covered by Journalist Shield statutes.
As soon as the journalist commits a crime in order to gather information (stealing property, buying stolen property, breaking and entering, etc), they lose that defense - and become criminals rather than just reporters.
Of course it is, when 1 in 3 city employees make more than $100,000...thanks to, again, the liberal wackoism of the city. When a locksmith working for the public school system is making over six figures, with a full pension and rich medical benefits to boot, you know something's wrong.
Last time I checked, it was a free country. You're welcome to move somewhere else if you don't like San Francisco. If enough people do that, they'll have to change.
BTW, why didn't Apple or Powell immediately report the theft? Isn't that what a sane person would do? Rather than wait weeks? Weeks? Apple's famed secrecy may have been compromised but that's a real risk when you play those kinds of games.
Did it ever occur to you that Powell, out of fear of the "Hammer of Jobs" ©, kept it quite as long as he could hoping Hogan would act like a decent human being and turn the phone into the bar where he "found" it?
Did it ever occur to you that Powell, out of fear of the "Hammer of Jobs" ©, kept it quite as long as he could hoping Hogan would act like a decent human being and turn the phone into the bar where he "found" it?
Apparently he reported to Apple immediately, which is what he should have done. That shows a lot of integrity on his part, although I sure the subsequent interviews with Apple security were no picnic.
http://gizmodo.com/5520471/the-tale-...yline=true&s=i
Too bad those JPGs of the Warning Letter are too small for comfortable reading...
Clearly, GizHOLES were warned..., and they chose to play Hardball with Apple, still... Now let them pay for such SLEEZY "Business Model"....
The verdict in this case has to be such that no other clowns try this kind of stuff ever again! If they tried that in China, they would probably be shot after a quick trial... If my China example is less than perfect, the better informed ones on this forum could suggest another country..., North Korea
The Press Shield in this case is a farce!!!. It is an insult to journalists worldwide, and particularly to those journalist that lost their lives in the name of freedom etc.! The real journalists should be the first ones to condemn GizHOLES loudly and clearly!!!
But, maybe mostly the big media decided to not give GizHOLES too much free pr by covering this story... So maybe that's for the best... I was annoyed when I saw the "raid... search" mentioned on CNN Healine News, with a photo of the stolen item, and GizHOLES site watermark!!! It was hard to tell which side the reporter was on, but if I had to guess, I'd say it would be on the side of the GizHoles, "The Victims of The Big Brother!"... Thus another "deposit" inot GizHOLES 15 Minutes of Fame Account!!! What a perversion!!!
When the New iPhone is out, soon I hope, this story won't matter much, it'll fade away, and, hopefully, GizHOLES will have plenty time in JAIL to write their book on how they tried to mess with Apple... Their fans will try to buy them more fame with petitions, and online videos, demanding their release!
Sorry if I come off too angry about this topic, it's just that it insults me!!! So many people at Apple, and everywhere in this world, work hard, on deadlines, pay their dues to excel at their work, trying to feed their families! Not every Apple Shareholder is a rich person with Play Money! It could be someone's retirement, or income! Then these GizClowns come in, and try to get Famous at those hard working people expense!
Obviously, GizClowns, like all other paparazzi, don't care about hurting people! Less and less is sacred these days! Celebrities are being constantly haunted by media... Ratings = Ads $$!!! Clearly, by picking on Apple, being The Biggest Tech Celebrity of Today, these GizClowns aimed to put themselves on a map in a big way!!! That's what Celebrity Stalkers and Assassins do!!!
This was a crime not just against Apple, but many more hard working people! And that is what makes me so ANGRY, particularly when that aspect is hardly, if at all, mentioned in the media in conjunction with this story!
That was not a People Have The Right To Know issue! The media should not treat them as "one of us"!!! The GizClowns are bad for the media!!!
The "raid search" of the Editor's home is almost equated to (prison, child) rape, or human rights!!! In reality, those GizClowns are nothing more than anarchists, pretending to be journalists, attacking The Comeback Kid Company, Apple, and its cancer survivor CEO, Steve Jobs, so that they can ride that company's coat tales, as far as Tech Press Fame goes, while at the same time hurting that company, using that company's own products (Mac laptops etc.) Pretty sick!!!
No, I am not gonna wish the GizClowns cancer, or call them SF Liberals... They are just a bunch of •• selfish •• brats, who tried to see how much they'd be able to get away with! I wouldn't be surprised if making a movie about this stunt was in their sick fantasies... And •• selfish •• knows no boundaries, political and otherwise...
Now, let the GizClowns go serve Big Time in JAIL!!! Hopefully they'll be put away without much fanfare, which Apple Haters will try to exploit to the max!!! Jealousy!!!
You are the only one committing a crime here.
Please go here. http://www.dailywritingtips.com/cate...riting-basics/
Whenever you need an attorney, you are already screwed!
True, if you need a lawyer, you're in a deep hole. But a decent lawyer can keep you from digging your hole even deeper. Though I think not lying, not offering information and keeping your answers short and simple are probably the three most important things to do. I understand that "pleading the fifth" has some very specific rules, best to have a lawyer to cover that.
I've answered that already. It's not a difficult concept. The difference is that ThinkSecret or AppleInsider do not purchase stolen property.
If someone voluntarily gives information to a rumor site that is covered by NDA, that person is guilty of breaking the NDA, but the rumor site who publishes it is not - and they are covered by Journalist Shield statutes.
As soon as the journalist commits a crime in order to gather information (stealing property, buying stolen property, breaking and entering, etc), they lose that defense - and become criminals rather than just reporters.
I'm quite clear how the law works. However the point of my post, which you compounded, is that without people breaking the law or NDAs, we would not have much to talk about. In fact, this site probably wouldn't even exist.
Careful what you wish for.
Did it ever occur to you that Powell, out of fear of the "Hammer of Jobs" ©, kept it quite as long as he could hoping Hogan would act like a decent human being and turn the phone into the bar where he "found" it?
The old adage that bad news does not get better with age is ringing in my ears. Pure conjecture on your part. I find it fascinating that you think that a person would be able to use a prototype Apple phone unfettered without regular attestations as to its whereabouts. This is Apple we're talking about.
I'm quite clear how the law works. However the point of my post, which you compounded, is that without people breaking the law or NDAs, we would not have much to talk about. In fact, this site probably wouldn't even exist.
Careful what you wish for.
And, yet, that's not what you asked. You asked why this situation is different than what AI and ThinkSecret do. The answer, of course, is that AI and TS obey the law.
Personally, I would be much happier if people followed NDAs. I would be much happier in a world where people could be trusted to do what they say they're going to do. Sorry you don't feel that way.
It would NOT mean the end of AI or TS or legitimate rumor sites as you suggest. There are still lots of legal ways to obtain information without breaking an NDA. As a few examples:
- Reporting on a sudden increase in lead time for a product - which might imply an upgrade soon
- Reporting on items being received by AppleStores, Foxconn, etc that can be observed from a public area
- Reporting on slips of the tongue made by key personnel
- Reporting on roadmaps in one area (such as Intel and AMD roadmaps) that might affect Apple products
- Interviews with key people to see if information can be obtained
And so on. It's a little harder than encouraging people to break their NDAs, but it's more honest.
Of course it is, when 1 in 3 city employees make more than $100,000...thanks to, again, the liberal wackoism of the city. When a locksmith working for the public school system is making over six figures, with a full pension and rich medical benefits to boot, you know something's wrong.
http://www.sfgate.com/cgi-bin/articl...MNC51CLUBN.DTL
And that's in 2009, when the economy had collapsed and tons of private sector workers were struggling with pay freezes, cutbacks, layoffs and rampant unemployment. But combine runaway unions with a city government that's never met a tax it didn't love, and that's what you get. ;-) Liberal wackoism at its finest.
The problem isn't that they are making too much, it's that everyone else has been making so little.
Elizabeth Warren showed how screwed we are when a man today makes about $800.00 *less* than his father thirty years ago, and how a man today has to go into debt to get an education to even make that amount.
The economy is broken and the rich ownership class at the top has been sucking all the productivity and real gains of the last thirty years for themselves... the problems with the private sector definitely predated 2008-2009. It's been destroying the middle class since the early 1970s and they can no longer manufacture bubbles to maintain the illusion of growth or even sustainability.
i am surprised that the gizmodo site is still up with all the pics and videos...
http://gizmodo.com/5520471/the-tale-...yline=true&s=i
The longer they leave it up, the greater the damages Apple will get. Given that iPhone sales were already slacking under the 'rumor' the true damages aren't going to be that bad. But Apple will have much more material evidence of being harmed and the deminished impact of sales.
Gizmodo hasn't taken a bite out of Apple. No. The Apple will swallow whole all of Gizmodo.