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04/11/2005
News organizations
support bloggers in Apple trade secrets case
By RACHEL
KONRAD
AP Technology Writer
SAN
JOSE, Calif. (AP) -- More than a half-dozen news organizations
are supporting three online journalists who published articles
about a top-secret technology product that Apple Computer
Inc. says was protected by trade secret laws.
In December, Apple sued 25 unnamed individuals -- presumed
to be Apple employees -- who allegedly leaked confidential
product information to three people who run Web sites widely
read by Apple enthusiasts. The Cupertino-based company said
the leaks violated nondisclosure agreements and California's
Uniform Trade Secrets Act.
Apple then demanded that the online reporters' Internet providers
identify the leakers by turning over e-mail records. The online
reporters sought to block the subpoenas, saying that identifying
sources would create a "chilling effect" that could
erode the media's ability to report in the public's interest.
Santa Clara County Superior Court Judge James Kleinberg ruled
in Apple's favor last month, saying that reporters who publish
"stolen property" aren't entitled to protections.
The online reporters then appealed.
Now the mainstream media have weighed in: eight of California's
largest newspapers and The Associated Press submitted a court
brief Thursday asking that the online publishers be allowed
to keep their sources confidential.
The media companies said Kleinberg's ruling, if upheld, could
impair the ability of all journalists to reveal important
news, from financial corruption to government cover-ups. Before
demanding that the online publishers' Internet provider turn
over e-mail records, the companies said, Apple should "exhaust
all alternative sources" of identifying the source of
the leaks.
"Recent
corporate scandals involving Worldcom, Enron and the tobacco
industry all undoubtedly involved the reporting of information
that the companies involved would have preferred to remain
unknown to the public," the 38-page brief stated. "Just
because a statute seeks to protect secrecy of such information
does not mean that the First Amendment protections provided
to the news media to inform the public are wiped away."
Joining
the brief were the Tribune Co.'s Los Angeles Times, Hearst
Newspapers' San Francisco Chronicle, Knight Ridder Inc.'s
San Jose Mercury News, The Copley Press Inc.'s San Diego Union-Tribune
and Freedom Communications Inc.'s Orange County Register,
as well as The McClatchy Co.'s Bee newspapers in Sacramento,
Fresno and Modesto. Also supporting the brief were the California
Newspaper Publishers Association and the nonprofit free speech
organization California First Amendment Coalition.
Apple spokesman Steve Dowling wouldn't comment specifically
on the media companies' brief but emphasized that Apple must
protect its product secrets.
"Apple's DNA is innovation, and protection of trade secrets
is crucial to our success," Dowling said Monday.
Dave Tomlin, assistant general counsel for the AP, said the
case has implications for bloggers, online reporters and traditional
journalists.
"For us, this case is about whether the First Amendment
protects journalists from being turned into informants for
the government, the courts or anybody else who wants to use
them that way," Tomlin said. "We believe strongly
that it does, and that it's a good thing for all of us that
journalists have this protection."
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On the Net:
PowerPage: www.powerpage.org
Apple Insider: www.appleinsider.com
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