Apple wins court ruling against AI, and others.
http://www.macworld.com/news/2005/03...ourt/index.php
I know it's not future hardware, but that's why these things are able to be moved.
I know it's not future hardware, but that's why these things are able to be moved.
Comments
Last MWSF, all the specs for the MacMini were release, I think one week before the event. I think the SF Keynote lost some of their appeal.
I enjoyed when the rumor sites give us some tidbits of information of possible upcoming products. But when they go too far with detailed specs It makes unfair to Apple and to us in some way. I love the anticipation of new products and I want that to stay this way. I like to wait for the keynote. Maybe it's just me.
I agree with the judge this quote:
"The right to keep and maintain proprietary information as such is a right which the California Legislature and courts have long affirmed and which is essential to the future of technology and innovation generally."
So maybe next time all the rumor sites should be more careful in what they release to the public.
Pretty simple, you can't really disagree with that.
Originally posted by the cool gut
"no one has the right to publish information that could have been provided only by someone breaking the law."
Pretty simple, you can't really disagree with that.
(referring to this article)
Yeah, let's throw robert novak in jail, because his source violated FEDERAL LAW.
Not good enough? what about deepthroat? If he was working for nixon, it means he has a federal NDA, and he could go to jail for violating it.
I can disagree with it all I want. It's the police' (or in this case, Apple's) job to find criminals, and all they are is castrating themselves, as from now on all information will be submitted anonymously, if at all. The more info they get, the more able they will be to find the real criminals.
The Apple employees who did this are obviously ones who will squeal. by having them squeal to a publication instead of microshizzel, at least Apple will know what they're getting. For now, it seems Apple hates its own fans.
I'm not sure if this is the think secret case that was settled today, but it's certainly a step in the wrong direction.
Moreover, the judge in this case acknowledged that these kids are journalists. However, he overstepped his bounds under that pretence, since journalists do have immunity, at least in california. He's essentially killing the journalist sheild law, which will mean this will probably be appealed.
Originally posted by slughead
(referring to this article)
Yeah, let's throw robert novak in jail, because his source violated FEDERAL LAW.
Not good enough? what about deepthroat? If he was working for nixon, it means he has a federal NDA, and he could go to jail for violating it.
Your going to get this thread moved one more time - to political outsider
You have a valid point, IMO.
The judge's opinion only ruled on trade secrets,not illegal activities of corporations and government.So the shield laws are still basically enforced here.
I know that many of you will try to equate Watergate,Pentagon Papers and even the Valerie Plame affair to this case.But here is the thing,Apple trade secrets does not endanger nor even harm the public,Apple's trade secrets does not make America less free.Unless Apple use the Trade Secret laws like importing Marijuana or dumping toxic waste in the Bay or in any illegal means,we basically have no right to know what they have in their plans even if we are their consumers.
I agree with this decision not only for Apple or any tech corporation that wants their legal trade secrets off limits to fans,but because sooner or later ,some "blogger" will use this case in the event that DePlume & others win the appeal to release State or military secrets (legal ones or even covert ones) over the Web and have their lawyers use this excuse as an exercise of their First Amendment rights.Believe me when that happens,blogs and other internet opinion pieces will be subjected to either rigorous censoring or be shut down all together.
The First Amendment and the shield laws should not be abused because they are our only protection when things get really serious and using them like DePlume and others only weakens the importance of the things we hold so dear.
Originally posted by slughead
(referring to this article)
Yeah, let's throw robert novak in jail, because his source violated FEDERAL LAW.
Not good enough? what about deepthroat? If he was working for nixon, it means he has a federal NDA, and he could go to jail for violating it.
I can disagree with it all I want. It's the police' (or in this case, Apple's) job to find criminals, and all they are is castrating themselves, as from now on all information will be submitted anonymously, if at all. The more info they get, the more able they will be to find the real criminals.
The Apple employees who did this are obviously ones who will squeal. by having them squeal to a publication instead of microshizzel, at least Apple will know what they're getting. For now, it seems Apple hates its own fans.
I'm not sure if this is the think secret case that was settled today, but it's certainly a step in the wrong direction.
Moreover, the judge in this case acknowledged that these kids are journalists. However, he overstepped his bounds under that pretence, since journalists do have immunity, at least in california. He's essentially killing the journalist sheild law, which will mean this will probably be appealed.
None of what your saying has much to do with this case. Apple isn't going after Ogrady, or AI. They are going after the individuals who leaked the info.
And the judge did not acknowledge that the kids were in fact journalists AFAIK. From what I read he strayed from making that distinction.
here is a synopsis of the judge killing the sheild law:
Defining what is a 'journalist' has become more complicated as the variety of media has expanded. But even if the movants are journalists, this is not the equivalent of a free pass.
[...]
The journalist's privilege is not absolute. For example, journalists cannot refuse to disclose information when it relates to a crime.
[...]
[The information about Apple's unreleased products] is stolen property, just as any physical item, such as a laptop computer containing the same information on its hard drive [or not] would be. The bottom line is there is no exception or exemption in either the [Uniform Trade Secrets Act] or the Penal Code for journalists--however defined--or anyone else.
[...]
The public has had, and continues to have, a profound interest in gossip about Apple. Therefore, it is not surprising that hundreds of thousands of 'hits' on a Web site about Apple have and will happen. But an interested public is not the same as the public interest."
As you can see, he even said his ruling applied to journalists. You're right in that he stopped short of calling these kids journalists, but he also said it doesn't matter.
Again, under that pretext, this judge has done more than screw Apple's fans, he's quashing the shield law.
Slughead,step back awhile and read the above paragraph and notice the last sentence.You notice one law,a state law and another code,an organizational code for journalists which he both mentioned.Now,nowhere here is he referring to the shield law,why?Maybe because it's not applicable in this case.If it is applicable,the judge would had stated it in his opinion.
You see,if there was crime commited in Apple computers,the blogger or journalist in question had the right to not name his sources and Apple cannot do anything about it even if Apple goes to court.But in this case,he noted on the last paragragh that almost implicitly that short of criminal misconduct by Apple and it's employees,the websites in question have no right stealing and revealing Apple's secrets even if it comes from an anonymous source inside Apple.
The end.
So, question now is - what is Appelinsider going to do about it? Are you going to reveal your sources?
Originally posted by slughead
As you can see, he even said his ruling applied to journalists. You're right in that he stopped short of calling these kids journalists, but he also said it doesn't matter.
Again, under that pretext, this judge has done more than screw Apple's fans, he's quashing the shield law.
seems you overlooked this part of the ruling:
"Unlike the whistleblower who discloses a health, safety or welfare hazard affecting all, or the government employee who reveals mismanagement or worse by our public officials, (the enthusiast sites) are doing nothing more than feeding the public's insatiable desire for information," Judge Kleinberg wrote.
Originally posted by TonyBaloney
Good to see that trade secrets can be protected and that the justice system is able to differentiate and show intelligence.
So, question now is - what is Appelinsider going to do about it? Are you going to reveal your sources?
It just mean, that Apple employees will keep their mouth closed in the future. Predicting the future will become very complicated and Sherlock Holmesist.
And I don't know personaly any sources.