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.'"
More of This, please (Score:5, Interesting)
Re:More of This, please (Score:4, Interesting)
Re:More of This, please (Score:4, Interesting)
hooray for lawyer bashing (Score:5, Insightful)
Note that if you consider these options unfeasible, 1 is caused by your own lack of ability, time or skill, 2, 3 and 4 are political problems which are in your own hands as much as they're in anyone's, and 5 and 6 are wired into us by evolution (or God/magical pixies if you're from the bible belt).
Otherwise perhaps you should consider that litigation is an extremely complex, difficult and time consuming activity requiring a very high level of expertise to conduct with any degree of competence. Large law firms do not make vastly more money than collectives of doctors, engineering consultancies, other groups of professionals, or large corporations.
In my view there is a tendency to regard lawyers as a rip-off simply because of the nature of the service, fighting it out to establish one's rights in circumstances which are frequently viewed as unfair or unnecessary, rather than the much more palatable "help me doctor, I'm sick/dying" or "help me, engineer, I need to build X".
The lawyers didn't create your dispute. You and the other litigant did.
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A substantial amount of legal fees goes to actual costs--do you know how much it costs to ship overnight 4 boxe
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A class action is a means for the consumer to correct a wrong, not a profit mechanism for angry customers, nor is it intended, ultimately, as a deterrent. Class actions arise from de
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Essentially, $300/hr to see a PA.
The $75?
It's for "seting up a new patient". A handful of papers (most of which *I* filled out) and a file folder, for $75. Gimme a break
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I might also suggest we return to the Roman system where advocates couldn't charge fees but could only receive gifts after the fact. Until Claudius came along and screwed things up. Or a "loser pays" system would certainly free up the courts.
I don't dislike lawyers. Had dinner with a lawyer last week, in fact.
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please. so is engineering. yet engineers don't charge their clients 300$/hr. Yeah, maybe an engineer at IBM is billed out to other large corps at near that much. But an individual engineer working face to face with an individual client damn sure doesn't ask 300$/hr. Yet I've sat personally with lawyers and been t
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With the exception of the medical profession which acts equally reprehensibly, you're talking about groups that make money by charging large sums of money to large entities (companies). Meanwhile you're advocating lawyers being allowed to profiteer from individuals who don't have those kinds of resources. Your problem is you couldn't care less whether you
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With your attitude I'd never hire you and if I did by accident hire you I'd sack you the first time you treated me with contempt. Your implication that anyone who requires your help is somehow at fault is just plain reprehensible. You work in a profession that encourages this sort of behaviour. There are good lawyers and doctors around, but it's despite their professions not as a result of them.
Way to completely miss my point. My point was not that it's the client's 'fault' that they need a lawyer (although you will find that, for some mysterious reason, in about half the cases that go to trial this turns out to be the case...). My point was that there is an underlying suggestion that lawyers somehow generate work out of thin air in order to rob the unsuspecting townsfolk, and it is simply not true. Or, to put it another way, I was trying to suggest that if you really want to avoid lawyers, th
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How about the reverse? What if an individual goes after a corporation and loses? Should they then have to foot the bill for the corporation's expenses AND get punitive damages assessed?
I don't think I like the ramifications of that. "Hey, Joe Sixpack - you can sue us for crippling your wife, but you know what? We've got hundreds of lawyers on our side and deep pockets. Odds are you're fuc
Justice? What about trade secrets? (Score:3, Insightful)
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Reporters have a duty to report. (Score:2)
I know that your clearly unbiased point of view is making your blood boil, but frankly we can afford that in the interest of allowing free dissemination of important information by whistle blowers.
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A writer I work with had a situation along these lines with a subpoena from the city of Chicago regarding alleged police brutality we reported on [viewfromtheground.com].
The good news is that we won, and that, combined with this decision and a few others, there is starting to be some good precedent for shielding online journalism from gratuitous subpoenas -- specifically, the decision in this case (which came down while our subpoena battle was still raging, but wasn't applicable because of jurisdiction), says that a person who
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Worried about Apple... (Score:5, Insightful)
This isn't flamebait... (I love my Mac) its an observation that IMHO
over the past year Apple seems to have been far more agressive at implementing
"control" measures through legal means -- not as bad as MSFT, but a far cry f
rom the "We want everyone to love us" attitude of the past.
My question is: what changed? And is this the Apple of the future? Or
is this a result of some shift in management attitudes. (Or a case of
money and power corrupt, no matter who you are?)
Re:Worried about Apple... (Score:5, Informative)
They weren't like that... (Score:2)
The fact that there weren't any Apple ][ clones was due more to the big diversity in personal computer models at the time than any trade secret. If you wanted to build a computer in those days, it was easier to put together an S-100 machine than to try cloning an Apple. But every detail about the Apple, from the ROM listings to the video chroma wav
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Please see the site exclusively devoted to Apple II clones [apple2clones.com]. Virtually all of these (a couple hundred or so) were put out of business by Apple suing them.
Don't get me wrong: I think in most of these cases, Apple had a perfect right to sue. Many of these didn't even make an attempt at being legal or legitimate at all, just using outright copies of the Apple I
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and (IIRC) Tandy's GUI system (sorry, I don't remember its name).
Deskmate [wikipedia.org]. I've only used version 3.something, so I don't recall any UI changes (driven by Apple or anyone). On the other hand, knowing what I know of Apple's history of zealously protecting whatever it percieves as its IP, it seems plausible. I'm just too lazy to look up your claim.
Re:Worried about Apple... (Score:5, Insightful)
Apple makes nice products, but the notion that they are "the good guy" is a fiction created by their marketing.
For example, in the 80's, they legally threatened many people over GUIs and they deliberately broke standards like SCSI. They have done more for establishing DRM than Microsoft. They keep ripping off ideas from other companies and open source, and they don't give a damn about stepping on other people's trademarks or open source project names.
Overall, Apple's record is decidedly mixed.
My question is: what changed?
Only your perception, really.
If anything, Apple has actually become significantly nicer over the last couple of decades, and their products have improved as well.
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Can you back that one up? Its new to me.
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In the early days, Apple used to put special identifiers in their own SCSI disk drives that they'd query, and their disk formatting software would only work with their own drives. I think people pretty quickly found ways to work around it, but it's the thought that counts in this context.
IOW, they didn't "deliberately brake standards like SCSI", but instead used the SCSI standard vendor ID in a way you didn't like.
Unlike others, they did not ship SCSI cards where only one channel worked together with scanners.
Who said they were a Good Guy(TM) (Score:5, Interesting)
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.
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Frivolous lawsuits aren't a bad thing?
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I think this is the first time I've seen "loose" be used correctly on slashdot! Congratulations!
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"Hi my name is Chucky and i'm your friend to the end...Howdy HO! HA HA HA HA HA"
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Once the licensees started to become successful, Apple cut the rug out from under them.
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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.
Bullshit. They licensed their technologies at their conditions - it's non of your business if few were willing to meet those conditions (like Apple also make money on the deal). Care to back up your other claims?
Comment removed (Score:5, Insightful)
Re:Worried about Apple... (Score:4, Interesting)
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
Re:Worried about Apple... (Score:5, Insightful)
And before I get modded down or flamed, yes, MS has done a lot of bad stuff, no doubt. But, as a person, 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.
-Eric
Depends how you see it (Score:5, Interesting)
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?
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From my point of view, Gates has his fortune from various forms of market manipulation to force people and institutions to pay his company - in other words, a form of theft. He has been stealing from hospitals, from charity institutions, from schools, a
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But, as a person, 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.
In German we have a saying: "Do good and talk about it". Al Capone also knew about it, he financed a soup kitchen. I'm not going into all the odd dealings of the BMGF, but there seem to be far more than for other charitable organisations. Like giving away MS products, or investing in companies that are the cause of the problems of the people they are charitable to.
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This isn't flamebait... (I love my Mac) its an observation that IMHO
over the past year Apple seems to have been far more agressive at implementing
"control" measures through legal means -- not as bad as MSFT, but a far cry f
rom the "We want everyone to love us" attitude of the past.
My question is: what changed? And is this the Apple of the future? Or
is this a result of some shift in management attitudes. (Or a case of
money and power corrupt
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Apple became profitable and successful, and thus a target. Much of their marketing strategy relies on secrecy and misdirection; it makes sense if you're developing new products that are unique in design, you don't want your competitors ripping off your hard-worked design before your product has a chance to establish itself as a "brand-name." Nobody would have cared back in the pre-iMac days, but Apple is a trendsetter now, so competitors watch them closely.
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Oh yes! (Score:2)
See http://anonymouslemming.blogspot.com/2007/01/alwa
Hallelujah! (Score:2, Insightful)
I realize that this comment isn't going to win me any friends in Apple-land, but it's good for everyone (Except maybe Apple shareholders) if Apple's wrongdoings and attempts to intimidate news outlets into not carrying the news are exposed to a wider audience. A lot of people out there (including many slashbots) see Apple as the Brave Crusader out to kill the Microsoft dragon, but this view could not be farther from the truth. In reality, Apple is just another corporation, really not significantly better o
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Not such a big deal.
Parent comment "Wrong", not "Insightful" (Score:2)
You're just plain wrong.
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The general principle holds -- journalists don't need to reveal their sources, and can print what they can find out. There are occasional exceptions, but they have to be very important ones, related to national security. A particular company's proprietary info doesn't count.
Nothing has changed.
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Re:Hallelujah! (Score:5, Insightful)
Well, first off disclosure of trade secrets isn't a crime. It's a civil tort, specifically breach of a non-disclosure agreement. Of course the Web sites in question hadn't signed any NDA with Apple, so they couldn't have breached the (non-existent) agreement. Under the law the burden of keeping a trade secret secret rests on the company that owns it, not the general public.
And there's a couple of things. First is the fact that Apple couldn't show that the Web sites in question knew their source was breaching an NDA. Second is the rule that says you can only subpoena a journalist in the way Apple wanted to if all other avenues of investigation have been exhausted. As the judge observed, Apple could have questioned it's own employees about whether they'd disclosed the information and to whom, and done so under penalty of perjury to add weight to the questioning. This could've revealed the names Apple was looking for without requiring anything from the Web sites. Apple choose not to pursue internal questioning, and the judge ruled that their mere desire not to demoralize their employees wasn't enough to justify putting the burden on someone else.
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I don't see a problem there, since they weren't trying to hold the blogger accountable for the breach, but merely to have the blogger reveal the name of the person who was responsible.
Second is the rule that says you can only subpoena a journalist in the way Apple wanted to if all other avenues of investigation have been exhausted. As the judge observed, Apple could have questioned it's own emplo
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I don't see a problem there, since they weren't trying to hold the blogger accountable for the breach, but merely to have the blogger reveal the name of the person who was responsible.
The problem is that the blogger(s) in question are acting as journalists, in fact this case upholds that as part of its findings according to the
Also, it *can* be a crime. (Score:4, Informative)
Trade Secret law is not based on NDAs. It is a distinct section of US intellectual property law.
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You are very confused here.
A trade secret is anything that a company keeps secret, and that is of commercial value to the company.
If a company told you a trade secret without an NDA, then it wouldn't be a secret anymore, and therefore no trade secret.
If a company tells you something under NDA that is not a trade secret, and you publish it, that is breach of a non-disclosure a
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Well, first off disclosure of trade secrets isn't a crime. It's a civil tort, specifically breach of a non-disclosure agreement. Of course the Web sites in question hadn't signed any NDA with Apple, so they couldn't have breached the (non-existent) agreement. Under the law the burden of keeping a trade secret secret rests on the company that owns it, not the general public.
Under the terms of the California Uniform Trade Secrets Act:
Re:Hallelujah! (Score:5, Insightful)
Horseshit! Just about every major scandal that ever broke in political or business history has been the result of some leaker willing to break the law and/or risk his life. Think it was legal for Mark Felt to leak information from classified meetings and secret FBI files to Bob Woodward? And how many business scandals have been exposed by an honest insider willing to break his NDA or steal documents (like Brown & Williamson)? How many WOULD have been if someone had been willing to break the law sooner (Enron)?
-Eric
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-Eric
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We should.
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Look I understand the point you're trying to make (and I do support whistleblowers), but what part of "major scandal" encompasses what Apple's new product line?
And because I support whistleblowers... comparing AppleInsider and PowerPage to Bob Woodward (not to mention folks like Sibel Edmonds) does these true whistleblowers disrespect
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-Eric
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What are you talking about? (Score:2)
Of course you're probably one of the people who holds the misconception that journalists have ever had the right to protect a source who broke the law. They never have.
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Next you'll be saying that copyrights and trademarks are the same thing.
Please, just go away.
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Um, no. That's not what was decided. In fact, that aspect of the case was pretty much thrown out a long while ago. What was decided was actually in the article summary: 'Subpoenaing journalist sources is not an acceptable means of discovery.'
It's a civil suit, no? (typo fixed) (Score:2)
Basically, this is a ruling that says you can brag about your crimes to a reporter, and they can publish your account, and they are free to cover up your crime.
Second: yes, for a civil suit, that's true.
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I realize that you are probably trying to apply this to breaches of this particular law which is apparently a fairly rational piece of legislation. However, there are plenty of other laws you could break that aren't harming anyone. For example, you publish an article by someone who uses a variety of so-called "recreational"-yet-traditional (like marijuana, peyote, salvia, etc) drugs and reports on their health effects by way of
You're wrong. (Score:3, Informative)
whoo eff (Score:4, Insightful)
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Did you get yours? I'm still waiting for mine from last time I donated. I even set them an e-mail asking where it was, which they curteously ignored...
How do you run up $700K in legal fees? (Score:2)
I was once attacked by a big company... We settled quickly, and my legal expenses were about $6K. I suppose, it could've become 10 times that, if it lasted longer, but $700K?..
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The way it is set up these days, even a small court case can wind up generating $25k-50k per month in billings to your firm, before you ever get anywhere near court, and then the fees go dramatically up during trial.
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Ok... So, how long did this last?
How dramatically? Like 10K per day? Maybe... But by these numbers, this case should've been like 10-20 months in the making ($500K) plus 20 days of arguing in court (another $200K). I don't think, it was anywhere near this long — was it?
Wow. (Score:2)
$700,000?!?! (Score:2)
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Well, I for one was crying into my keyboard at the woeful tale of that poor woman having to slave away month after month for such a pittance. This just proves that, as far as young, struggling lawyers are concerned, the US is little more than a third-world country where, crushed together in pitiful shanty-condos, they are routinely subject to indignities such as (oh Lord, help my fingers type this horror!) having to share a swimming pool and
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Implications? (Score:3, Interesting)
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=
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One of the main arguments for shield laws is that nobody inside a corrupt organization (read: corrupt government) would speak to a reporter for fear of retribution.
So, what was this leaked information? (Score:2)
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Steve Jobs considered dangerous :) (Score:3, Interesting)
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.
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Tom
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That and now they get to continue reporting on every little detail of Apple
Tom
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Almost any large company will be engaged in multiple lawsuits at any given time. It comes with the territory.
If you repeat 700k enough times it starts to sting.
Apple just settled with Creative for $100 million and it wasn't big news.
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Geez.
Bahahahahahahahahaha
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Or, to put it another way, this sets an important precedent.
One of the ongoing problems the legal system has is that, once a computer is involved, all precedent goes out the window, and all legal precedent is null and void and needs to be re-established. A lot of legal procedings can be explained once you understand this.
This case illustrates this rule by showing that a "blogger" isn't considered a "journalist", presumably because th
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Maybe they'll think twice before trampling the rights of others next time.
Or, to put it another way, this sets an important precedent.
One of the ongoing problems the legal system has is that, once a computer is involved, all precedent goes out the window, and all legal precedent is null and void and needs to be re-established. A lot of legal procedings can be explained once you understand this.
This case illustrates this rule by showing that a "blogger" isn't considered a "journalist", presumably because they use a computer and the Net to publish rather than a printing press. The judge's decision sets the important precedent that a journalist who publishes online is indeed a "journalist", and the involvement of computers and the Net doesn't negate that.
Actually, that's what the original (overturned) judge said - that all journalists are subject to the law, and that it doesn't matter whether Apple mentioned "Bloggers" in their claim. See http://apple.slashdot.org/comments.pl?sid=183776&c id=15184019 [slashdot.org]
Or do you actually believe the real journalists would have given a damn if they hadn't come for them too?
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I get the impression that most "real journalists" see the Net as just one more medium. Many are working on the Net now, and most see it as part of their future. And many are aware that in the early days of radio and then television, the same sort of thing happened. They had to fight in court to establish that using radio or TV didn't disable their journalistic credentials. It took court action to esta
Re:The fees... (Score:5, Funny)
Isn't that what an iPhone is going for these days?
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