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Apple demands end to tablet 'scavenger hunt'

updated 03:45 pm EST, Thu January 14, 2010

Contest aims to expose product


Apple is demanding an end to a tablet "scavenger hunt," according to an attorney representing the company. A letter from Michael Spillner of the lawfirm Orrick, Herrington & Sutcliffe threatens that if the contest -- run by Gawker Media -- is not retracted by 6PM Pacific time on Thursday, Apple may pursue "any and all remedies" against both the organizers of the contest and anyone who actually wins it.

Launched only on Wednesday, the contest offers various cash prizes for evidence of the tablet, which is expected to be formally announced on the 26th or the 27th. A $100,000 prize is being offered for an hour of time with the tablet; lesser prizes are being given for legitimate pictures or video, with a bonus if Apple CEO Steve Jobs is involved. While participants are asked to "stay within the bounds of the law," Spillner points out that by definition, any winning entries would contain Apple trade secrets and break California's Civil Code.

"As your offer acknowledges," the lawyer writes, "Apple has maintained the types of information and things that you are soliciting -- 'how it'll work, its size, the name, the software,' as well as any possible details about the product's appearance, features, and physical samples -- in strict confidence."

Notably the language in the letter does not deny the tablet, or posit it as hypothetical. Instead it argues that the information is protected, in the same manner that other pre-release Apple products have been. Apple also rarely pursues legal action unless real product information is at risk of being exposed.

As a gag prize, Gawker says it is sending Spillner a DVD of Legally Blonde 2, a $25 Zune Marketplace card and a set of steak knives. The website calls the letter the "most concrete evidence (from Apple itself, no less!) yet that there may indeed be a tablet in the works."


by MacNN Staff

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Comments

  1. brainiac

    Fresh-Faced Recruit

    Joined: Sep 2003

    -6

    Positive proof

    Here is positive proof that apple tablets exist. Where do I get my prize?

    http://www.vitaminlife.com/product-exec/product_id/12611/nm/Apple+Cider+Vinegar+250mg+-+Vegetarian

  1. Constable Odo

    Fresh-Faced Recruit

    Joined: Aug 2007

    +6

    Apple is tipping off that the tablet does exist...

    Why would Apple care if the tablet doesn't really exist? Still, the whole scavenger hunt idea is pretty silly. How can people be that desperate to find information about the tablet. They only need to wait a couple of more weeks.

  1. Flying Meat

    Fresh-Faced Recruit

    Joined: Jan 2007

    +1

    Irresponsible eye grab

    Gawker is asking its readers to divulge protected information, and putting those readers who submit entries at risk for legal action too.

    "Gag prizes" don't make any of that okay. Doesn't make them seem smart, or even funny.

    When you've crossed the line, expect serious consequences. Take it seriously.

  1. cmoney

    Mac Enthusiast

    Joined: Sep 2000

    +18

    It would be funny

    If Apple themselves showed it to them, took the $100k then sued Gawker for posting the images.

  1. ebeyer

    Fresh-Faced Recruit

    Joined: Jun 2004

    -2

    Can anyone say..

    Can anyone say Streisand effect?

  1. macboyrules

    Fresh-Faced Recruit

    Joined: Oct 2000

    +4

    Got Exactly What They Wanted

    Wow, Gawker got exactly what they were looking for. They had no intention of paying out any of the awards, and they had no expectation that anyone would seriously get them what they were asking for. I mean, a photo, maybe, but that was it. And that one photo would have generated a lot more revenue than the $50K they were going to pay anyway. They were really baiting Apple to see how quickly the SAD letter would come, which would validate the existence anyway, and get them plenty of press. Executed perfectly! Love the gag gifts, Classic!

  1. Jeronimo2000

    Fresh-Faced Recruit

    Joined: Aug 2001

    +3

    @ macboyrules

    Exactly. This was perfect marketing. Those Gawker guys know their stuff. Kudos!

  1. Feathers

    Grizzled Veteran

    Joined: Oct 1999

    +1

    Tortious Interference

    Gawker may think they're being smart or clever but enticing individuals into criminal or merely contract-breaking acts can have very serious consequences. Remember CBS and Jeffrey Weigand's fight against Big Tobacco?

  1. Jonathan-Tanya

    Fresh-Faced Recruit

    Joined: Oct 2004

    -1

    Give me a break

    It's not Gawker who thinks themselves too clever, its the wannabe lawyers in comment forums.

    The tablet is public knowledge...people have gone on record about its existance. Various trade publications, Phone company executives, etc.

    This just in, Apple is working on another computer.....give it a break, public, obvious.

    If Gawker asks for legally obtained information, they can do that.

    If no 'legal' infomration is obtainable, then so be it. Macnn, has repeatedly reported on the tablet, and the various confirmations of its existance....

    How dare you accuse Macnn of breaking the law...how dare you Sir!

  1. testudo

    Fresh-Faced Recruit

    Joined: Aug 2001

    -1

    Re: Irresponsible eye grab


    Gawker is asking its readers to divulge protected information, and putting those readers who submit entries at risk for legal action too.


    No, they're asking for information. If Bob on the street sees someone walking down the street while he's "testing" his Apple tablet, or Fred is in an office building and walks by a meeting room where it is being shown, these are situations where the people did not sign any type of NDA and, therefore, are under no legal responsibility to protect said information or the like.

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