Tiger Woods Out...Until August!
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| | | Posted by Alan Dang on Friday April 01, 2005 - 04:01 AM |
(Post a comment) » One Bad Apple Can Ruin it for EverybodyRecently Apple successfully sued a number of Apple-enthusiast websites who posted pre-release information on unreleased products that was a bit too accurate for Apple's tastes. In today's article, Alan quickly goes over the details of the case and why it could have significant reprecussions on the entire online world of online journalism. |  Previous news article | Back to main news | Next news article  |
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#38
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Author:
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Brellek at 02:37pm 04/6/2005
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Response to #16:
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Umm yeah you are stupid friend. Like the author states you
definitely do not need an NDA to define something as a trade secret,
or to prosecute someone for stealing said secret.
An NDA is merely a contract between employee and employer stating
that said employee/tester/etc WILL have access to trade secrets and
sets parameters over what they are allowed to do with said
knowledge.
If you didn't sign an NDA you certainly still could be charged with
many crimes for the theft of trade secrets especially for waht you
do with the information after stealing it.
For instance whether or not the leak was under an NDA they may face
an illegal distribution count for each blog site they distributed it
to.
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#37
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Author:
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squeegie (View my Profile) at 05:09pm 04/3/2005
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Comment:
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I believe at least, that you can't make blanket claims on these
types of situations, and just as the judge has done, leave it simply
to a case by case basis.
The article was very interesting, as it may leave a lot of
journalists wondering/scared of what they are to include in their
articles for fear of prosecution. Although, this said, I have the
distinct feeling things will equalise.
Sure it could go the other way, this law suite may open a proverbial
can of worms, allowing companies to use the case as backup to
further claims of divulging "proported" trade secrets.
Although, as has been the case in changes to contractual agreements,
a contract these days must be made reasonably understandable by the
parties involved and not drawn out unnecessarily or made too
technical to allow easy misinterpretation (this wasn't the case a
few years back, where contracts could be any length and as technical
as you like).
The point I'm trying to make is, the public and the courts do catch
on eventually. And as more and more of this type of activity is
occuring, I doubt we will see things get out of hand for too long,
if at all, before some kind of order is restored.
Besides, from Apple's perspective, I can see where they are coming
from. Whether it's a fan site or any other place, a slide with
confidential need to know, tends to give the impression that this
isn't exactly public domain (along with indepth specifications on
the product). This doesn't mean that instantly the site is in the
wrong, but Apples reaction isn't unbelievable.
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#36
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Author:
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Anonymous at 01:47pm 04/3/2005
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Response to #21:
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i disagree with you. the public DOES need to know. every other
company publishes roadmaps for its products: intel, amd, ibm, msft,
etc. their customers need to know this info because they don't want
to spend huge sums on a product that will be superceded 3 weeks
later. apple users don't know when dual core g5s will be out, don't
know what speeds, don't know what the power requirements are, etc.
i'd need to knwo when a g5-based powerbook was coming out; if i were
going to pay $3700 for a powerbook today, you can bet i'd be #!&!&!
if g5-based powerbooks were on sale in june. apple seems to think
its customers don't deserve to know this info to make purchasing
decisions, and apple is wrong.
frell steve jobs and his arrogance.
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#35
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Author:
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BubbaT at 03:33pm 04/2/2005
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Response to #32:
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Ah, but who defines what is in the public interest? Therein lies the
rub. A single judge will define the scope of the powers of the
press? I guess the will of the people is just a quaint anachronism
in the high tech 21st century. Time to strengthen the DMCA! Orrin
Hatch for Prez! DeCSS must die! Jeez - even Microsoft isn't so
stupid as to try to sue every site that says how to mod an XBox.
Hell, the sources might not even be Apple employees/contractors,
thus not subject to the terms of an NDA. Memo sits on corner of
desk, person bumps into desk, memo falls into trash can, night
janitor empties the trash, Apple fanatic digs it out of a Cupertino
dumpster and posts it.
Didn't the judge order the sites to turn over emails to Apple? There
are federal laws governing whether emails can be turned over by an
ISP against the wishes of the account holder. This would seem to
protect the sources, if they are Apple employees and if they didn't
use work accounts to send the emails. The concept of federalism
mandates that when federal and state law conflict, the state law is
to be considered null and void?
If I were the bloggers, I'd just say my secret source was Steve Jobs
:)
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#34
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Author:
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Anonymous at 12:42pm 04/2/2005
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Response to #33:
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Lol, the finest solution I've heard here!
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#33
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Author:
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Anonymous at 11:59am 04/2/2005
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Comment:
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I think it's time to honour Apple's request, and not write
*anything* about Apple.
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#32
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Author:
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Anonymous at 11:10am 04/2/2005
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Response to #21:
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Does anybody pay attentiont to the facts?
Read the judgment!
The judge specifically talked about the difference between
"Public Interest" and "Interested Public". The
example of an exploding gas tank doesn't hold any water, since
that's obviously in the "Public Interest" to know. He
talked about how some things are necessary for the greater good of
the public (ie whistle blowers and such). However, just because
they public WANTS to know something doesn't give the press the right
to reveal trade secrets that amount to nothing more than advance
knowledge of a product.
Anyone who can't take the time to read ALL the facts shouldn't be
commenting on it. Or at least they should qualify their response
with the fact they have only read limited information on the
subject.
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#31
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Author:
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Anonymous at 05:36am 04/2/2005
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Response to #22:
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technical specifications can be considered a trade secret as defined
in the economic espionage act of 1996. it can be damaging to a
company because it can give a competitor the advantage prior to a
product release.
i think your alarmist view of this case is not necessary and is
purely done to get the attention of paranoid readers of this
website. as long as you obtained your information from valid and
reliable sources then you wont have anything to worry about. you do
check your sources right?
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#30
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Author:
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Anonymous at 04:24am 04/2/2005
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Comment:
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Apple sucks...they're worse than Microsoft when it comes to business
practices.
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