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Apple Subpoenas, Sues Over Leaks 251

Posted by pudge from the and-around-and-around dept.
CNET reports that Apple has been granted the right to subpoena O'Grady's PowerPage, AppleInsider, and Think Secret over leaks of information concerning an unreleased product code named "Asteroid" and "Q97," which has been described as a FireWire audio interface for use with GarageBand. The subpoenas are related to a lawsuit against an unnamed individual who leaked the information.
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Apple Subpoenas, Sues Over Leaks More

Apple Subpoenas, Sues Over Leaks

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  • Read all about it! (Score:2, Insightful)

    by garcia ( 6573 ) *
    In trying to identify the identity of worker bee (ex-contractor, Juan Gutierrez), Apple basically had to confirm that there was some truth to the rumors that he was posting--namely the details of a revision to the iBook laptop. Apple eventually did release a laptop whose details matched worker bee's description. In 2001, Apple settled with Gutierrez after he promised to turn over any remaining Apple confidential information and not divulge any further details.

    Honestly this seems to be little more than dr

    • Re:Read all about it! (Score:5, Funny)

      by Saxton ( 34078 ) on Wednesday December 22, 2004 @03:21PM (#11161945) Homepage
      Honestly this seems to be little more than drumming up even more buzz over up-in-coming products. Yeah, they probably were going to keep it a secret for a while longer but now that it's out why not milk it a bit and get the word out?

      This is all part of Apple's Product Cycle [misterbg.org]. Surprised it's even news. ;-)

      -Aaron

    • Re:Read all about it! (Score:4, Insightful)

      by Ironsides ( 739422 ) on Wednesday December 22, 2004 @03:24PM (#11161970) Homepage Journal
      The main reason they are trying to stop these leaks is so that further leaks do not occur. I wouldn't be surprised if some of Apples competitors (say, app creators for MS Windows machines) troll the rumors sites to try and find out what Apple is up to. By creating a product, even if it is inferior, to one Apple is making and getting it out the door before Apple anounces their product or has it ready can cost Apple money. Mainly cause people will buy the first thing that comes along that does what they need if they don't know of any other product coming out anytime soon.
      • Is that really such an issue for them? I don't remember that happening in the past and with the recent exception of the iPod I don't think there is much of a crossover between Apple and Microsoft users. Using Asteroid sounds like you would need a Mac and would a Mac user go out and buy a PC just to get a first to market alternative?
        • I'm not talking consumer level applications here. I a talking items such as full versions of Photoshop level programs that no consumer would ever use even 1% of its full capability. Profesional level applications are what I am talking about on the software end. A lot of companies that use Apple products don't just use Macs. The will use Macs and PCs depending on which platform has the best software.

          But lets take a look at hardware now. Consumer level, to be specific. Lets say it gets leaked that Appl
          • I stand by my original statement. Mac users are ferverently loyal to Apple. They are not going to switch just because there is a new version of PC software that has features promised in a soon to be release Mac software. On the hardware side, I assume you are referring to a specific example but I am unaware of the product you are talking about. I also think that iPod is a good example of a superior product overcoming the first to market players. Actually, in the computer world first to market is often

      • Re:Read all about it! (Score:3, Insightful)

        by fermion ( 181285 )
        Although it is true that reading the press forms a basis for all espionage, corporation have much more sophisticated techniques for discovering industrial secrets. One of the more interesting stories in recent times, one that details the social and technical methods, is that of the development of yeast embedded pizza crust by kraft. This was a big deal as it would(has) revolutionized the frozen pizza market and would give a huge advantage to anyone who could figure out a way to make it work.

        What Apple i

    • Re:Read all about it! (Score:5, Insightful)

      by Anonymous Coward on Wednesday December 22, 2004 @03:28PM (#11161997)
      I love you people and your little conspiracy theories. It's cute. There's already a few others in this thread saying they're trying to divert attention, spin this, hype that. Ha.

      It's quite simple, actually. Some guy posted the full specs and drawings of an unannounced product. This potentially allowed competitors to either (a) rush a similar product to market first or (b) launch a marketing campaign against Apple's yet unreleased product. In either case, it'll debut a flop, through no fault of the product itself or Apple's marketing.

      Rumors are one thing. There's tons of Mac rumor sites and they get left alone by Apple. Because they're mostly about conjecture and vague bits of possible information. This guy posted something very specific, very exact, and very accurate. Apple has every legal and moral right to take him to the cleaners for violating his NDA and harming their ability to compete on a fair playing field.

      This has nothing to do with PR or spin. Really, the PR is only going to be negative coming out of this (the ignorant masses will say "look at the big mean corporation beating up on the little guy!"). They are doing this to protect themselves in the future by punishing the ones who leak specific NDA information and discouraging others from doing the same.

      Go get 'em!

      </faggy Apple fanboy>
      • Actually faggy? Cute? Post an email next time, damnit.

        Some of us troll slashdot looking for boyfriends....
      • the ignorant masses will say "look at the big mean corporation beating up on the little guy!"

        What planet do you live on? Mine is the one where the "ignorant masses" have made Wal-Mart the largest retailer (and employer) in America; where everybody wants a brand name product; where people get their "news" from TV shows sponsored by giant agriculture, car and technology companies; where they watch hours of corporate commercials on TV per week.

        Concern for the little guy? What year do you think this is--19

    • I'm a PC/Windows user

      You must be new here....
  • There really isn't any information contained on those sites that isn't contained in the articles about the suit.

    Is Apple going to sue slashdot now for telling us what the lawsuits were about?

    Of course all Apple has achieved is validating the rumor.

    • Re:difference from news (Score:5, Informative)

      by amichalo ( 132545 ) on Wednesday December 22, 2004 @03:21PM (#11161942)
      Apple is not suing those three sites, they are getting those sites to give the sources and unpublished details they have on the Asteroid rumor so they can sue the informant.
    • Is Apple going to sue slashdot now for telling us what the lawsuits were about?

      No, they're not suing the websites. They're suing the person who leaked the information, they're just trying to force the sites to tell them who that person is. Yes, they're validating the rumor, but they're probably more concerned with making sure that this person does not have the chance to leak more information at a later date.
    • A subpoena is not a lawsuit. You sue one person, you may need to subpoena many other people that that person might have dealt with regarding that one person's activities.

  • No Story Here (Score:5, Informative)

    by RazzleFrog ( 537054 ) on Wednesday December 22, 2004 @03:19PM (#11161922)
    I am the last person to defend Apple but this is such a non-story. They are not suing these sites. They obviously caught somebody who signed an NDA leaking information and are suing them. These sites are receiving subpoenas because they may be able to verify the identity of said person.

    • Re:No Story Here (Score:4, Insightful)

      by RatBastard ( 949 ) on Wednesday December 22, 2004 @03:28PM (#11162000) Homepage
      Exactly. A subpoena is just a compulsion of information, it os not a charge or even an accusation of wrongdoing on the part of the person(s) served.

      • Re:No Story Here (Score:4, Informative)

        by RazzleFrog ( 537054 ) on Wednesday December 22, 2004 @03:33PM (#11162047)
        Not only that but you cannot be subpoenaed in a case against you anyway. A subpoena by nature is a court order to testify and thanks to the Fifth Amendment you cannot be compelled to testify against yourself.
        • Furthermore, why would theses sites be dumb enough to keep records on who their unofficial sources are? That's just bad.

          Besides, it's up to the judge to force these guys to reveal their sources, and it's within their right to plea the fifth...

          Apple will get nowhere fast.

          • Re: (Score:3, Interesting)

            by account_deleted ( 4530225 )
            Comment removed based on user account deletion
            • Wouldn't a perfectly valid defence be "it was an email, I deleted it, and I can't recall the name of my source" be simply adequate?
            • Why does it suck? Somebody signed an NDA, then they deliberately broke it in the most public way. They deserve to be sued.
    • i don't think apple sent out press releases that they were filing papers about leaked info on a top secret project that will change the way home users play guitar forever.

      anyone that reads Mac rumor sites know that Apple's legal dept regularly sends them letters demanding they take down stories, specs or pictures/drawings. that would be a non-story on here.
      also Apple internally makes tons of devices that never see the light of day (like a PDA recently). then there is downright false information on rumor s

  • Hmmm (Score:3, Funny)

    by elid ( 672471 ) <eli.ipod@g m a il.com> on Wednesday December 22, 2004 @03:19PM (#11161925)
    Are you sure it wasn't a secret graphing calculator app???

  • I'm on Apple's side with this.... (Score:5, Insightful)

    by Spark00 ( 803383 ) on Wednesday December 22, 2004 @03:31PM (#11162020)
    how relevant WE think the information is, or how worth hiding/saving/embargoing is irrelevant. There are tons of reasons that a company wants to keep info secret until they're ready for it to be released. They might (legitimately) fear that a competitor could use the info to get the jump on them. Considering how 'cool' people think Apple's stuff is this is likely. Or they may want to maximize the marketing impact of the product update/launch. This is not so insignificant really. As someone who works in marketing, I can say that an "oooh, what's next" buzz can be very helpful, and even valuable bonus when introducing product. To have some employee leak it for nothing more than first posters braggin rights is annoying and they wouldn't have a hard time making the claim that it cost them real money. And if the guy signed an NDA (VERY likely if he's working in product development) then he's screwed. I think the real story here is that they were allowed to subpeona the records of the sites he posted to. One reason why you'll never see me posting stuff that I find out at work (v. big tech/computer firm here).

  • I don't know about the rest of you... (Score:5, Funny)

    by sutterpants ( 775017 ) on Wednesday December 22, 2004 @03:35PM (#11162058) Homepage
    ... but I am really sick of hearing about lawsuits. Period. I understand the need to protect brand equity, and can even see the justification for protecting your "IP," but honestly. When will these companies stop with the lawsuits!

    New Year's resolution: not buying anything from anybody filing "stunt" (Apple) or "business model" (SCO) lawsuits. I would much rather these execs just took each other out behind the woodshed, beat the crap out of each other, shook hands, drank a beer, and got on with some, oh, I don't know, INNOVATION!

    Overly litigious people/companies make me sick.

    • Re:I don't know about the rest of you... (Score:5, Insightful)

      by 0racle ( 667029 ) on Wednesday December 22, 2004 @03:43PM (#11162123)
      This is hardly a stunt lawsuit. The person in question undoubtedly signed an NDA and now he has broken it. Ya there are too many lawsuits going on but you might want to pick which one you whine about next time. On top of that Apple is about as innovative as a Desktop computer company gets, exactly what are you whining about there?
      • Exactly. There's little doubt that fool who leaked the information had, at some point in time, signed NDA's and trade secret agreements. Information that belongs to a company should stay within that company. This person deserves nothing less than to be sued, and hopefully they learn a lesson. Information assets are extremely valuable and need to be protected.

    • Re:I don't know about the rest of you... (Score:4, Insightful)

      by cowscows ( 103644 ) on Wednesday December 22, 2004 @03:52PM (#11162211) Journal
      If you're tired of hearing about lawsuits, then just stop reading about them. They're a fact of life and business. You can not run any business any reasonable amount of time without running into them. They aren't an inherently evil or wrong thing, they're just a way of making sure that people do things or don't do things according to contracts and legal precedents and whatnot.

      Sure jackasses like SCO are a destructive abuse of the system, but that doesn't mean anytime a company files a lawsuit against someone that they're making the world a worse place.

      Your statement about the execs duking it out behind a woodshed doesn't even make sense in the Apple case that the article is about. They've filed a lawsuit against an individual who violated an NDA. You'd rather they send some goons to track him down and beat the snot out of him?

      • Yes, I realize I can just ignore the lawsuits. I should have more accurately stated that I'm disappointed in the following things:
        1. Unethical behavior that causes these situations. (The engineer is quite obviously in the wrong here, I'm not arguing that at all.)
        2. Over-reliance on litigation as a means for resolving disputes. While obviously I don't (and can't) know if an effort was made to resolve this without a lawsuit, it seems if an effort was made, it wasn't pursued to the full extent. Has no one hear
        • Alright, I hear ya, but in response to your point number 2, here's how it's all been going down according to what I've read and understood.

          Apple doesn't actually know the exact person responsible for this particular leak. They want to find out who it was, and think that some of these rumor sites might have info useful for tracking the guy down. The legal system provides ways to get at that information. Sure, Apple could've called up O'grady's powerpage and offered a shiny new G5 as a trade for the guy's na
    • ... but I am really sick of hearing about unethical behaviour, be it cheating on assignments and exams, unfounded lawsuits (SC0), leaking company info (this article), covering up illegal company activities (Enron). What happened to basic honesty and decency in this world?

    • Re:I don't know about the rest of you... (Score:4, Insightful)

      by pclminion ( 145572 ) on Wednesday December 22, 2004 @06:07PM (#11163369)
      When will these companies stop with the lawsuits!

      Yeah! The NDA the perpetrator signed? Pointless! Why enforce contracts?

      Hell, this idea is so compelling I think I'll stop paying my mortgage! Contracts mean nothing! Yeeehaw!

    • New Year's resolution: not buying anything from anybody filing "stunt" (Apple) or "business model" (SCO) lawsuits.

      I believe just about every big company files such lawsuits. Many, we don't hear about unless they're either followups to something related (ie- leaked info about ipod flash, asteroid, etc) or something really big (ie- SCO), or something really insane (M$ suing Mike Rowe). I'm sure Sony, Toshiba, nVidia, ATI, Pioneer, etc, all have their share of similar lawsuits, we just don't hear about them

  • Re: (Score:2, Funny)

    by account_deleted ( 4530225 )
    Comment removed based on user account deletion

    • Re:A Judge Comments: (Score:3, Interesting)

      by burns210 ( 572621 )
      (I won't try and keep up with the metaphors)

      OK, so from your post we have two things..

      1. It took WAY too long to open a log file, reasonable complaint.
      2. You haven't seen a justified example of why a high(er/est?) end (g5 powermac, given the 3k figure) is worth the money.

      Well, I will tell you why I find my $1480 laptop well worth the money. (12in 1ghz powerbook + wifi card, 512 ram added after purchase)

      1. It works. I find Apple's computers to be much more straightforward and manageable. Settings are log
    • Nice work, I haven't seen that troll for ages.

  • How will they track him down? (Score:4, Funny)

    by Patik ( 584959 ) * <cpatik.gmail@com> on Wednesday December 22, 2004 @03:35PM (#11162063) Homepage Journal
    The subpoenas are related to a lawsuit against an unnamed individual who leaked the information.
    How are they going to find him if he doesn't have a name!?

  • Also suing over leaked Tiger developer builds (Score:5, Informative)

    by kekeruusperi ( 771725 ) on Wednesday December 22, 2004 @03:36PM (#11162072)
    They've also sued three ADC members who were distributing developer builds of Mac OS X Tiger via BitTorrent.
    Details here [com.com] and here [reuters.com].

    Nothing spectacular here, since besides the obvious copyright infringement, the developer builds are released under NDA.

  • Fix the headline (Score:3, Informative)

    by Feral Bueller ( 615138 ) on Wednesday December 22, 2004 @03:40PM (#11162100) Homepage
    I see subpoenas but no lawsuits other than the John Doe suit which is forcing the subpoena.

    I know it' s only 3 weeks before MWSF but let's all act like adults here: if I want fanboi I'll go to PowerPage.

    I got all excited at the prospect of PowerPage finally getting shuttered. Don't let me down like that.

  • Apple has been granted the right to subpoena O'Grady's PowerPage, AppleInsider, and Think Secret over leaks of information concerning an unreleased product code named "Asteroid" and "Q97," which has been described as a FireWire audio interface for use with GarageBand. The subpoenas are related to a lawsuit against an unnamed individual who leaked the information.

    So...lemme get this straight.

    This article is about products that don't exist, concerning a leak about what they may contain, and a lawsuit re

  • And? (Score:3, Informative)

    by EspressoMachine ( 815675 ) on Wednesday December 22, 2004 @03:48PM (#11162171)


    You can buy a digidesign Mbox factory package for $550. It comes with ProTools LE (the only real limit - practically speaking - is record/playback of 32 simultaneous tracks) and a crapload of really good plug-ins. And the Focus Rite mic pres are pretty nice.

    I know that sounds like a commercial, but I actually own one. And I love it. My question is can Apple really compete with that? I mean, ProTools is the industry standard for digital audio recording and editing for a reason.

    Then again, I suppose any "musician" who buys Garage Band isn't exactly looking to take their tracks to a real engineer or shop their creation around to record companies, and more than "graphic artists" who use MS Paint would take their creations to a printing press.

    • I dunno. The rumor is that Apple is seeking to hit the $149 or $199 price point.

      Can that compete if it does 80% of what your Mbox does?
    • I thought about this very same thing, actually - and what's more, there are a number of other good alternatives out there too. I don't own the M-Box, but after much debate, went with M-Audio's "Firewire 410" instead. (Doesn't work with ProTools, but does work with just about anything else - and comes bundled with a light version of several good tools/packages.)

      If you don't mind doing a little eBay shopping, or even mail order after a little bit of price watching, you can pick up a Firewire 410 for around

    • Re:And? (Score:3, Interesting)

      by ThousandStars ( 556222 )
      Then again, I suppose any "musician" who buys Garage Band isn't exactly looking to take their tracks to a real engineer or shop their creation around to record companies, and more than "graphic artists" who use MS Paint would take their creations to a printing press.

      A "musician" is someone who makes music with the tools at hand. Not all musicians, particularly those starting out, can afford a computer as well as a digidesign Mbox, whatever that is; therefore, they make do with what they have.

      Such a person

    • Yes, it does sound like a commericial - misinforming and misleading.

      First of all the MBox does 2 channels of recording. Something that can be had for products in the $150-$200 range. Take this for example Behringer BCA2000 [musiciansfriend.com] has more features. Plus, those boxes have MIDI interfaces which the MBox does not.

      They have been advertising the shit of it. Somehow somewhere someone managed to put Pro Tools as a magical word. It's all hype. Cheaper systems and software can be as much nowadays.

      Personally, I think

    • Re:And? (Score:3, Interesting)

      by dr.badass ( 25287 )
      You can buy a digidesign Mbox factory package for $550

      So, for more than twice as much, you can get something different. You don't say. Sure, the Mbox is a good package, but $500 is still a lot of money, and ProTools LE is not even remotely as easy to use as GarageBand.

      I mean, ProTools is the industry standard for digital audio recording and editing for a reason.

      And that reason is inertia, more than anything else. ProTools is good, yeah, but that doesn't mean it's the best for everyone in all cases.

  • Don't give in, go to jail! (Score:3, Interesting)

    by bluGill ( 862 ) on Wednesday December 22, 2004 @03:50PM (#11162197)

    The mark of true journalists is they will not give in. Rather than revealing sources like this a good reporter will go to jail and have a comtempt of court record for the rest of his life!

    This has been fought out in courts many times. I'm not sure where the law stands now (though some cases have come down in favor of the reporter in the past).

    Ever notice that the media can somehow interview big names like Bin Laden (not him in particular, but others like him) that the government wants yet cannot find? Its because a reporter understands the sources are everything and if you turn on them you are sunk.

    • Are you telling all the tabloid reporters to continue their privacy violating coverage of various entertainers? A good reporter should know where is the reasonable limit for each respective subject matter.

  • Cool, a FireWire audio interface!!! (Score:4, Funny)

    by Anita Coney ( 648748 ) on Wednesday December 22, 2004 @03:52PM (#11162218) Homepage

    A [zzounds.com] firewire [hercules.com] device [terratec.net] for [musiciansbuy.com] musicians [robbsmusic.com]. What a great idea. That's Apple for you, always on the forefront of new technology.

  • Apple Love to keep there products a secret until it can be released in a trade show with all the Ohhs and Ahhhs. This is usually fine for average home user because they are impulse buyers and defiantly don't have a long term IT Strategy in mind. But many corporations do have an IT strategy and many other should get them (but that is an other topic) And by the time Apple releases a new product it is out of date when a company chooses to buy it. I am sure Apple would get better School, Government and Corpra

  • A name? (Score:2, Funny)

    by slapout ( 93640 )
    an unnamed individual

    Makes me think about that line in Loaded Weapon 1 when they were trying to get info from Lovitz:

    "Gimme a name!"

    "Weren't your parents suppose to do that?"

  • Right is still wrong? (Score:5, Interesting)

    by 99BottlesOfBeerInMyF ( 813746 ) on Wednesday December 22, 2004 @04:46PM (#11162767)

    It's funny, Apple did everything right in this case. They filed a john doe lawsuit, then subpoenaed the web sites for information of their informant. If you had someone sign an NDA then showed them your top-secret project, would you do any less? I can see news sites refusing to answer the subpoenas as a matter of journalistic integrity in the case of a whistle blower, but this is not a case of wrongdoing, just a simple contract dispute. Despite doing everything above board here, half the posts are still criticizing Apple for trying to enforce their contracts. They did not threaten the web sites, one of which MS did just last week. They did not file any lawsuits against the web sites. What more could you ask?

    • In case you'd forgotten, one of the driving events for the free software movement was that RMS was screwed by an NDA. Perhaps a lot of other people here dislike NDAs, too?

  • Journalistic sources... (Score:4, Insightful)

    by Dr. Zowie ( 109983 ) <slashdot.deforest@org> on Wednesday December 22, 2004 @09:27PM (#11164880)
    Subpoenas of source information at all levels of the journalistic hierarchy are causing trouble, lately. Even the New York Times has a couple of reporters in jail for not revealing their sources for stories on the Plame affair (remember, when one of the crooks in the White House illegally outed a deep-cover CIA agent in retribution for whistleblowing by her husband...).

    It'll be interesting to see whether OPP, AI, and TS will stand their ground as firmly as the NYT did, or whether they roll over for the courts.

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