Apple’s Recent Lawsuit Loss
Thursday, August 10th, 2006 10:15am CDT
By Luke, Thunder Lounge
Published on Thunder Lounge.
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[thumb:382:r:s=1:l=http://www.apple.com/macosx/leopard/]So what does Apple (makers of fine computer systems and products) losing a lawsuit have to do with Nascar? That’s a very good question. The answer is really pretty simple, but it has a far more reaching affect than just being directly related to Apple. It will have an affect on not only things related to Nascar, but almost anything. It’s a broad, sweeping affect. We’ll explain, and bring you in from left field to home plate.
This started back in 2004, when Apple sued a website owner. The website is called ThinkSecret. The website is one of the more popular ones for the latest and greatest information on what’s going on now, and towards the future, in regards to Apple and their products and services. To put it into a setting you are more likely familiar with, think of it as the Jayski’s of Apple information.
Here’s what happened. Employees of Apple broke their confidentiality agreement with their employer, and reported inside information to Think Secret in regards to new products that were secretly in the works at Apple. This of course made Apple upset, as the news flooded the internet and revealed what they deemed as trade-secrets.
While their being upset that their company’s confidential information was being leaked, instead of an internal investigation they decided to go after the messenger. They tried to subpoena the site owner’s email from his ISP, and have the site shut down in an attempt to not only try and stop the information from being made public but to also garner the information as to whom actually provided it. They made the argument that ThinkSecret, along with other sites were not “legitimate news sources”, they were bloggers.
Their argument went on to say that these sites were simply “reprinting verbatim copies of Apple’s internal information with no editorial oversight at all.” The San Jose Court of Appeals completely rejected the argument and ruled: “online reporters are protected by the same confidentiality laws that guard traditional journalists.”
A-ha… now were headed in from third base, and almost ready to slide into home.
What this means, not only to these particular individuals but any individual or site that is of a similar nature (meaning online news and information sources), is that finally the legal system has recognized our rights are one in the same as the guy live at the source with a tape recorder, pad, and pen. Or whatever particular equipment is being used. Essentially, a journalist is a journalist regardless of the medium used.
How does this impact us, being in the Nascar realm of discussion and information?
Simple. Several sites receive tips from sources which wish to not be revealed for obvious reasons. Jayski, Clint over at LastCowboy’s, and many others receive such tips and information. Had this case been won the other way, it would be possible for someone to perhaps try and gain the information as to whom the source was that leaked reports of this or that before it was ready to be made public. With the San Jose Court of Appeals decision, this marks an enormous victory and recognizes that online journalists have the same rights to source confidentiality.
It doesn’t mean that an incredibly ticked off car owner couldn’t try a lawsuit. Heck, anyone can sue anybody for whatever reason. However, the outcome will surely fail.
Going back to other items, such at Matt Drudge (the Drudge Report) breaking the Monica Lewinsky case, it’s yet another step in the right direction to protecting our rights as online journalists. It’s a win/win situation. Sources can breathe a little easier, and so can the writers.
In a nutshell, it shows the depths to which Apple will go to keep their trade-secrets secret. While I don’t agree with the method they used, now or when it first started, you can’t blame them for wanting to keep their inside information on the inside. Especially in that market. Perhaps in the future they will consider different tactics. I certainly hope so.
Oh, and for the record, Apple is my platform of choice. I use it exclusively, and have for years now. But that’s a whole different story. Personally I love it, and don’t miss windows or it’s problems a single bit.
Filed Under: Damn Good Points, Nascar, Thunder Lounge
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