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01/05/2005, 2:20pm, EST

Wednesday, January 5th

Apple sues rumor site, adds credibility to rumors

Apple today has sued a Mac rumor site in an attempt to close down and curtail product leaks as well as help protect what it alleges to be its trade secrets. CNET.com reports that the lawsuit against Think Secret lends credibility to published rumors about its plans to offer a cheaper Macintosh and its own line of office software. "Apple on Tuesday sued the publisher of Mac enthusiast site Think Secret and other unnamed individuals, alleging that recent postings on the site contain Apple trade secrets. The suit, filed Tuesday in the Superior Court of Santa Clara County, Calif., aims to identify who is leaking the information and to get an injunction preventing further release of trade secrets. However, in filing the suit, Apple identifies specific articles that contain trade secrets, indicating that at least parts of those reports are on the mark."


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0
01/05, 2:35pm, EST
I support Apple in going after folks that breach NDA and related confidentiality contracts and those that attempt to persuade such breaches by others (within the legal definition of persuade in this case, IANAL so I don't know what that is).

With Apple stock so hot recently and priced well ahead of current earnings Apple needs to take steps to insure that market expectations don't go outside what Apple is actually planning to release, etc.
Fresh-Faced Recruit
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Good Gravy
0
01/05, 2:39pm, EST
It looks like most of the rumors will be true. Time to get out your credit cards. This could be the biggest MacWorld ever!(tm)
Mac Elite
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Tactics
0
01/05, 2:41pm, EST
Does everyone remember the number of patents that Apple has filed and led to nothing? I wonder if this is just a tactic Apple is using to run interference.
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re: tactics
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01/05, 2:48pm, EST
One reason Apple is doing this is because as you noted some of the things they have patented, copyright, etc. never became a real product. They may very well be working proof on concept, etc. products in all kinds of categories but decide never to make them into a real product but if a rumor gets out about one of those and set the wrong expectation in the market place then the Apple name and brand is hurt.

Of course the other side of this is Apple wants to control their IP and they have contract with folks to assist in that. It is obvious that contracts have been broken, so the have a legal write (in some cases a requirement) to prosecute.
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errr..
0
01/05, 2:51pm, EST
right not write
Fresh-Faced Recruit
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question
0
01/05, 2:52pm, EST
If Think Secret doesn't know who gave them the info - say it was called into their phone hotline - do they have to comply and remove the info? If this was the Washington Post I'd think they would not?
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either way...
0
01/05, 3:02pm, EST
Some schlub signed an NDA and then spilled the beans. He can't be surprised that Apple is exerting its rights under the terms of a binding contract. Neither can ThinkSecret be aghast or self-righteous, as they were in knowingly in posession of trade secrets - code names covered by an NDA, interference or not. If it were legal, they'd go for broke - have a QuickTime stream of someone getting famous by demoing the thing.

But it ain't, and they know it. Especially when they have a banner on the top of their site for 'anonymous' voicemail and email.

And how addled do you need to be to not realize that Apple can subpoena the residue of your 'anonymous' info - including voice message and/or caller ID and/or IP info in the server logs when posting a form?

BTW the leak of a specific project code name, while ostensibly adding cred to their site, might also serve to trace back to particular labs or testers. We were once under NDA with Apple and the docs included a code name for the project. Depending on which Apple folk were were talking to, they also referred to that project with a number of other code names - it would certainly be a useful way of tracking the potential leakers and leak-ees.

Maybe leaking helps stock price, maybe publicly chasing the leaks does too, but mostly what helps the stock price is selling a lot of stuff and making more money. Which they'll do or not do for real on Tuesday.

And if they didn't defend their rights, those rights would evaporate practically if not legally. Just ask Mrs. Seuss.
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tough one ....
0
01/05, 3:04pm, EST
Apple contends that they (ThinkSecret) knowingly helped violate various NDAs. Should they be allowed to do this?

There have been similar cases in the past with automotive rumor sites (blueovalnews comes to mind).

It should be an interesting case if it gets to trial.
Addicted to MacNN
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just more and good press
0
01/05, 3:22pm, EST
for apple this is a no brainer.. 35k$ to get their names in lights all over the place. Makes the news coming out even bigger!

go apple!
Dedicated MacNNer
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giddy!
0
01/05, 3:28pm, EST
I tell you what: Tuesday is gonna be awesome. haha Can't wait for the Stevenote!
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