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Mac site PowerPage must reveal records

updated 04:00 pm EST, Fri March 11, 2005

PowerPage ruling

Top Story: Apple has the right to subpoena the electronic records of PowerPage, which published items about an unreleased product, a judge ruled this afternoon. "Unlike the whistleblower who discloses a health, safety or welfare hazard affecting all, or the government employee who reveals mismanagement or worse by our public officials, (the enthusiast sites) are doing nothing more than feeding the public's insatiable desire for information," Kleinberg wrote, "An interested public is ." Apple has been seeking the right to subpoena the Mac sites to learn the identities of the worker or workers who leaked information about Asteroid, an unreleased music product. In the ruling, the judge said, "Defining what is a 'journalist' has become more complicated as the variety of media has expanded ... But even if the movants are journalists, this is not the equivalent of a free pass."




by MacNN Staff

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  1. just a poster

    Joined: Dec 1969

    0

    Yup, reveal the sources

    The judge's verdict should be obvious to anyone, especially "civil rights advocate" Nick de Plume.

  1. jmonty12

    Joined: Dec 1969

    0

    Finally

    Who would have guessed that sanity would come out of this? Finally a judge that can make a ruling that makes sense.

  1. cmoney

    Joined: Dec 1969

    0

    Makes sense to me

    I'd like to see the uproar now. It should reveal the fanboys and the bashers.

    And I wonder what the implications will be for mainstream publications as well, since he makes clear that it wasn't a question of "is blogging journalism" but rather whether anybody (blog or mainstream publication alike) had a right to publish that information.

  1. + spiral +

    Joined: Dec 1969

    0

    thank god!

    A very reasonable judgement. I think people already saw will could have happened with the "Super Shuffle" ... imagine if that was 2 months earlier.

  1. denim

    Joined: Dec 1969

    0

    Good

    Now we get to find out who the fool(s) are and watch them become unemployable.

  1. zdezyne

    Joined: Dec 1969

    0

    Right on!

    The judicial system works. Now it's time for some prosecutin'. Yee ha!

    Seriously, the rulling was dead on and those sites (or any other site publishing trade secrets for that matter) should not be allowed to mask their criminal act and hide behind the 1st Amendment (boooo EFF). They broke the law plain and simple.

  1. Stegabot

    Joined: Dec 1969

    0

    Common Sense Prevails

    Many bloggers as well as many posters on various websites were angry and up in arms when Apple subpoenaed the owners of two-three websites.But there is one big problem,Apple was not interested about bloggers and the First Amendment,they were interested about the leakers who leaked to PowerPage,AI and Think Secret about their impending products.What happened was that one reporter,Dan Gillmor in his column compared Think Secret site to blogs and a lot of bloggers picked up on it immediately especially in light of the McCain-Feingold Act.This reporter knew what Think Secret,PowerPage and AI was all about because he followed Apple through the years and the sites that love Apple and the Macintosh.He knew that if he wrote rumor sites and not blogs,the support for Nick Plume,O'Grady and others will not be as vocal and many.What made it worse is that EFF agreed with Dan Gillmor and hence this brouhaha.
    The judge made the correct call in this case even though it is unpopular and I wish the appeal would go the same way not because I like Apple (or any companies for that matter,Microsoft and Dell included),but to avoid somewhere along the line,the massive abuse that will make the blogs to be regulated or worse,closed down because someone just cannot resist revealing a secret on the Web whether it is a personal secret,corporate secret or worse State and military secret. Common sense ruled the day and I someday hope that real legitimate bloggers will be given adequate protections in accordance by law

  1. apple4ever

    Joined: Dec 1969

    0

    Horrible, Horrible ruling

    No laws were broken, just a contract. While you can't find a bigger supporter of contract law than me, this is too far. The websites in question have no bearing on the contract that was broken. It is up to Apple to find out who leaked w/o harassing third parties. Besides, what harm is there to Apple that the products were released. None, none at all. And don't give me that stock junk. If the rumor is incorrect, all Apple has to do is say that its false. Its called free speech.

  1. ugotabkdin

    Joined: Dec 1969

    0

    will get overturned

    Don't flame me, I am just a lawyer and legal scholar...this won't stand.

  1. sertian

    Joined: Dec 1969

    0

    Enlighten

    Don't flame me, I am just a lawyer and legal scholar...this won't stand.

    Umm, Legal Scholars don't have to support their claims these days?! I'd llike to hear your supporting arguements to your statement ugotabkdin.

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