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Apple Ordered to Pay Blogger Legal Fees 161

inetsee writes "Apple has been ordered to pay legal fees for two web sites that reported on an in-development Apple project code named 'Asteroid'. According to the article on WebProNews, Apple was ordered by a Santa Clara County court to pay almost $700,000 in legal reimbursement to AppleInsider and PowerPage after the court agreed with the Electronic Frontier Foundation legal team that the web sites 'qualified as legitimate online news sites' engaging in trade journalism. Apple had claimed that it had a right to protect its trade secrets, but the EFF successfully argued that 'Subpoenaing journalist sources is not an acceptable means of discovery.'"
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Apple Ordered to Pay Blogger Legal Fees

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  • More of This, please (Score:5, Interesting)

    by Mateo_LeFou ( 859634 ) on Wednesday January 31, 2007 @03:10PM (#17830932) Homepage
    I lament the fact that acquiring justice, or clearing your name from a SLAPP, requires so much money. I think that there should be punitive damages in addition to legal fees when companies go after individuals in this way.
  • Implications? (Score:3, Interesting)

    by Smidge204 ( 605297 ) on Wednesday January 31, 2007 @03:21PM (#17831078) Journal
    'Subpoenaing journalist sources is not an acceptable means of discovery.'

    This sounds like it has some pretty big implications on freedom of the press, making it easier for journalists to keep their sources confidential (important if you want to keep your sources!)
    =Smidge=
  • by fistfullast33l ( 819270 ) on Wednesday January 31, 2007 @03:28PM (#17831156) Homepage Journal
    Does it seem like every day, Apple is seeming less like the good guy?

    Um, who ever said they ever were a good guy in this matter? They never licensed their technology to outside companies, it took people kicking and screaming for them to even allow third party hardware before the 1990's. Try finding a non-Apple printer for a Mac before 1990 - doesn't exist. Apple has always protected their financials (see: iPhone and Verizon deal) and their IP/Technology. It's not a bad thing, it's just how they've always done business. You could argue that the reason the PC gained such a market share over Apple is because IBM didn't engage in litigation as much and allowed the third party market to flourish. Ironically, it's that loose control over the PC that's allowed it to gain the nasty reputation for the Wild West that is has now and that Apple capitalizes on with its newer commercials.
  • by AlHunt ( 982887 ) on Wednesday January 31, 2007 @03:49PM (#17831408) Homepage Journal

    I lament the fact that acquiring justice, or clearing your name from a SLAPP, requires so much money.
    As usual, the lawyers win. Class Actions are what always scald my ass. The consumers get a free CD and the lawyers collect $2.5M in legal fees.
  • by phoenixwade ( 997892 ) on Wednesday January 31, 2007 @04:55PM (#17832582)
    I'm not sure that this situation is covered as a theft of trade secrets. No one was trying to convert a trade secret. This was a news item that covered a trade secret Apple wanted to be kept secret. I would think the only violation would be the NDA, and a civil, not a criminal, matter. However, IANAL, etc,etc,ad nausium.
  • by sacrilicious ( 316896 ) <qbgfynfu.opt@recursor.net> on Wednesday January 31, 2007 @05:26PM (#17833194) Homepage
    Bill Gates has done a LOT more "good guy" stuff than just about anyone else in his position ever has. How many billionaire CEO's have ever given as much to legitimate charities as Bill Gates? How many others have decided to give their entire $multi-billion fortune away when they die to a charitable foundation? Guys like Gates and Warren Buffet deserve at least a little "good guy" cred for that.

    There are numerous ways to skin the related math. Comparing myself to Bill Gates, Gates wins hands down in terms of total amount donated, or percentage of holdings donated. On the other hand, I slaughter him with regard to scarcity of personal holdings remaining after all donations.

    There's humor in my point above, but seriousness too. Bill Gates has not had to live without anything purchasable that he's wanted, whereas I've had to live without quite a lot of things that by varying degrees are "essential". Doesn't make me a better person than Gates, but conversely his pain-free, involved-as-he-wants-to-be actions don't make him a better person than me.

    This line of thought applies when comparing Gates to other execs as well. How many of these execs have as much money as Gates to start with? How much did they have left when their donations were tallied up? How much in excess of some arbitrary standard of living/possessing did those amounts clock in at? All these questions are fundamentally aimed at discerning how much was really "given" in a way that cost the giver something, vs simply rearranged. If a corporate exec donates a billion dollars and keeps ten million for a lengthy retirement, how does that compare to a starving child who gives away a piece of bread and dies as a consequence? Who gets more "good guy" karma points?

  • by damsa ( 840364 ) on Wednesday January 31, 2007 @05:47PM (#17833602)
    The lawyers in this case are the EFF which I believe is a non profit.
  • by gentlemen_loser ( 817960 ) on Wednesday January 31, 2007 @09:10PM (#17836618) Homepage
    First off, in business, there are very rarely "good guys" and "bad guys". In that sense, I agree with you that Apple has never been the "good guy". There are companies that go about achieving their end goal (making profit) ethically, and those that do not. I would very strongly put Microsoft in the latter category and Apple somewhere in the middle.

    I do not think that the APSL, or Darwin for that matter, is evil. It is simply structured to protect Apple's revenue generating interests. As a case in point, I would firmly place Redhat as one of the "good guys" - to use that terminology. They regularly contribute to the community and in some respects, were instrumental in getting Linux accepted into the Enterprise. However, the GPL is a two edged sword. Now you have a company like Oracle (whom I can not stand), offering Linux support for 1/2 the price. Their contributions to the community are completely non-existent, but because of the GPL wording, it is entirely possible that they put Redhat out of business. In the end, this ultimately hurts everyone, with the exception of Oracle's shareholders. I firmly believe that should they ever start offering support for mySQL we'll see another great company go under.

    All parties being discussed: 1) Oracle, 2) Redhat, 3) mySQL, and 4) Apple are (for the most part - I will not start a debate on iTunes and DRM here) operating within their legal bounds. However, the APSL protect's Apple's hard work while the GPL allows an asshole company like Oracle to sweep in and destroy other companies by taking complete advantage of their work. My ultimate point is that one can not attack a company for operating within the bounds of law. Either the law, or the license agreements, need to change.

    The immediate solution to the Oracle problem is to append: "If you are Oracle Corporation, or any wholly or partially owned subsidiary, or affiliated with Oracle Corporation in any manner, you are hereby restricted from distributing or providing support for the product released under this GPL."

    And then we can adjust it from there to dissuade anyone else from engaging in similar practices :)
  • by suv4x4 ( 956391 ) on Wednesday January 31, 2007 @09:58PM (#17837098)
    I've always said Jobs is dangerous. We gotta be happy that things now are as they are (Mac has a mere 2-3% market share, and as for consumer products like iPod - let it thrive, no much harm done, it's just a fancy nice mp3 player).

    Bill Gates' original vision was to spread computers into every home, and make hardware a commodity platform, make the real product the software that makes this hardware useful.

    Job's vision is more sinister though: this guy believes in perception, in hype, in marketing, and in easy to use and swallow products fed to the masses. A control freak.

    Isn't it crazy how much work they've put on the iPhone (and deliver a nice, albeit expensive product), only in the end to cripple it by not allowing to tap its power with custom software? This is pure Jobs right there.

    And you can be sure Apple's strange behavior towards rumor sites is coming straight from Jobs.

    And there's a site that said the product was a Apple hoax deliberately created to catch where the leaks are coming from. Possible, but we have a real world example of what possibly really happened:

    Did you know that months before Microsft announced the Tablet PC platform Apple was getting ready to release their own Tablet Mac? Well, just because they couldn't be first to the market and grab that "mindshare", Jobs scrapped the project. I bet he's now waiting for the Tablet PC idea to die and be forgotten, before he tries again.

  • by Anonymous Coward on Thursday February 01, 2007 @10:11AM (#17842334)
    And if I discovered your internet banking username and password would you protect my "freedom of speech" to post them to the web?

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