The UCL Practitioner
Saturday, March 12, 2005
"Judge: Apple can pursue those who leaked info"
The San Francisco Chronicle reports today that Santa Clara County Superior Court Judge James Kleinberg "refused Friday to block Apple Computer Corp.'s extraordinary efforts to track down people who leaked information about some of its secret projects to gossipy Apple news Web sites." The ruling itself states that the court did not need to decide, and was not deciding, whether bloggers are journalists:
Let there be no doubt: nothing in this opinion is meant to preclude the exchange of opinions and ideas, speculation about the future, or analysis of known facts. The rumor and opinion mills may continue to run at full speed. What underlies this decision is the publication of information that at this early stage of the litigation falls squarely within the definition of trade secret. The right to keep and maintain proprietary information as such is a right which the California legislature and courts have long affirmed and which is essential to the future of technology and innovation generally. The Court sees no reason to abandon that right even if it were to assume, arguendo, movants are "journalists" as they claim they are.
According to the Electronic Frontier Foundation, this ruling "crushes" the rights of all journalists, not just the rights of bloggers.
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