Your next boss!
HoustonChronicle.com – Apple can demand documents from publishers — This is the thanks Apple supporters get. Sued.
Apple Computer, the maker of iMac computers and iPod music players, can force three online publishers to disclose where they got confidential information about new Apple products, a judge tentatively ruled Friday.
Judge James Kleinberg of state court in San Jose, Calif., refused to shield the publishers from Apple’s inquiries. Lawyers for the Electronic Frontier Foundation, a group that seeks to protect civil liberties related to technology, sought the order on behalf of three Web publishers.
And the company is going after bloggers saying they are not protected like “real” jounalists.
Apple’s attorney Riley countered by saying that free speech protection applied only to legitimate members of the press and not to website publishers. Freedom of the press was for the press, meaning the traditional media, he said.
Looks like this will be the subject of Monday’s PC Magazine online column. And this time it will actually be Apple bashing.
A long time has passed since the Apple II… There was a day when young Steve lived for this kind of free publicity, and relished being the star of the show. No more. I wonder why people, as they get bigger in business, seem to sell their souls to the devil… What’s the purpose of this suit? Does anyone think this is good publicity? No way, Jose! People will see the old Apple has died. The Apple of today is more like the IBM Apple seemed to be willing to fight in the 80s….
And free speech is only for ‘traditional media’? WHAT? So does that mean I can’t talk freely if I’m not ‘traditional’, ie, a part of the establishment? Puh-leese… Can you see what that makes you, Apple?
John, while I agree about 90% — what I’ve read about this case starts with Non-Disclosure Agreements. My understanding is that these are pretty thoroughly supported in contract law.
They are enough to keep my trap shut about a recent chunk of small-scale consulting I was involved with. You don’t get to peek unless you sign the NDA, first. And if you signed it, you should expect to pay the penalty if you violate it.
Does anyone doubt the folks who published this info knew that NDA’s were involved?
What if the people who published the info weren’t the people who signed the NDA’s? Can the law force them to say who told them?Or if they even didn’t know there were NDAs involved?
Apple can wave the non-disclosure flag all it wants. Where is the smoking gun? Are we to assume that absolutley nobody working at Apple who had information regarding the project was without a non-disclosure agreement? The janitor? A child (not bound by contract) who happened to be passing through on a tour? This is, by definition, a witch hunt. It’s a classic in fact. They do not know who they are looking for — just someone.
I guess you are planning on making some apple pie John. I’d slice the apples up into little pieces, add some sugar and spice and put it in an oven at 375 degrees for 45 minutes.
I’ve always considered Apple a joke of a company. I like to read some good Apple bashing. I’ve never followed Apple or bought their stuff. The company has it’s defenders. I’ve always considered Apple as an elitist form of technology. They may make some good products, but they seem stuffy and too above it all. For me the home computer is just another tool, it isn’t some sort altar to worship the geek gods at. I turn it on, use it, blog, game, whatever and then do something else. I guess they’re worried about being bootlegged or copied. There isn’t much worth copying. Apple is working on the next big thing. They have been doing this for years and most of the market says big deal. They have a few one hit wonders like the ipod and all of a sudden everybody is supposedly ripping them off or thinking about ripping them off. I wrote Apple off years ago and I thought they would of been out of business years ago. I guess MSFT saved them from theirselves. They make MSFT look like NASA or something. POD stands for Prevention Of Depression in medical terms. Apple is depressing. Everybody is out to get Apple. Most people don’t really give a damn about Apple or what they come out with next. The world has better things to do.
If Apple did it “right” — which means their procedures were vetted by the inevitable corporate lawyer[s] — even the janitor would have signed an NDA.
The first gig I ever had that involved NDA’s was in 1957 [phew!] and the janitor and every other employee signed on. At the end of every day, we completed an individual log — and drew a line through the blank part of each page to affirm it was unused — which not only served as an affirmation of NDA; but, would serve as a legal document for patent purposes.
I doubt if lawyers have made it easier, since then.
Saying all that, I don’t know if Apple is on a fishing trip or not. My comment is on the legality of NDA’s. My understanding is — they are very much so — and haven’t anything to do with the Bill of Rights.
This isn’t news. Apple has been screwing its supporters for decades. Ridiculously high prices on under-powered products.
This will be interesting and potentially very, very dangerous if it takes the turn I sense it will.
Freedom of the “press” as the judge has framed it would then exclude those connected with the electronic media.
No?
If not, why not?
What is “pressed” within the electronic media?
Likewise, what is the readership of, say, Drudge or Dvorak, versus any local TV station that qualifies as having “journalists” on staff?
Again, what qualifies ANYBODY as a “journalist” in that judge’s mind?
“The world according to Steve Jobs camp”
Freedom of speech applies to everyone.
As individuals or journalists we are responsible for our own actions.
What exactly is a
“legitimate members of the press” and why should website journalist/publishers be Excluded.
What exactly is traditional media. anyway?
The man who wrote the bible, Was he a journalist?
What exactly is a journalist?
Is trational media only the largest most powerful voices permitted to express?
What about the high school or college journalist writing for a small publication.
or what about rags like US weekly?
Or the photog that wants to publish a journalistic shot.
Is thier a certification program to become a member of traditional media?
Do you need to join a special group to be part of this society?
When I started writing about computers it was for a computer club newsletter printed on toilet paper before thier was a so called traditional media covering technology. My name was along side industry leaders.
When I started my first Home page now a website publication for over 10 years their was no such thing as online publications.
When I covered MAC WORLD many years back They had a bunch of teenagers running around with media badges on but the journalists that covered PC side where scrutinized and turned away.
I got my hands on thier press list and many of the names where on the publishing side.
Turns out the teenage journalist and the rest of the grungy looking nerds wrote for Apple club magazines. It was explained to me that Steve Jobs camp only wants good press and he wants large exposure.
I actually published a picture of Steve Jobs on my Website TCF.NET and the picture ended up in print as well however the following year I was told I wasn’t important enough to cover Mac World. I’m black listed from the show because I gave them a fight. The same thing that Steve Jobs takes pride in doing.
I don’t miss the event.
They where actually rude enough to call me a fake.
Yet I spent much of my time and money to make this Photo happen. My website, if you will, provides a community service. I fund it out of my own pocket Before thier was blogging.
Bloging is an important voice!!!!!!!
“Don’t get me wrong I admire Steve Jobs and what he has done for society. I don’t agree with his sand box mentality.”
BTW:
As far as non-disclosure thier was bill passed a few years back that says the investor must be disclosed information at the same t
ime as the media.
THIS POST IS PROTECTED BY I DREAM OF JEANNIE
en.wikipedia.org/wiki/I_Dream_of_Jeannie
Grant Street 99 case was the first of its kind nationwide to test the Internet as a First Amendment forum involving a public official.
Although I don’t know the specifics of the Apple case, I doubt that Apple will have much good fortune in taking on free speech and controlling what people publish on the Internet. I don’t know if the Grant Street 99 postings were written by a journalist or just somebody with an ax to grind. I followed the Grant Street 99 case in the media, all the way to nowhere. If somebody publishes information on the Internet and it happens to correspond with reality, but was written as a work of fiction that’s life. If I write that Apple is going to introduce a new automobile audio device and Apple happens to be working on, in fact, an automobile audio device that doesn’t mean I have inside information. It might mean several things. It could mean that I imagine Apple will be building ipods for automobiles. It could be that I read a rumor on the Internet saying the auto ipod is next or it could be that I am stoned on Scotch and don’t know what the hell I’m talking about and I happen to be writing while on a Scotch bender this weekend. Johnnie Walker was my source. I think this case will be another waste of time, but will generate all kinds of publicity. It sounds like they are trying to find who put the message in the bottle that washed up on the shore. If a company loses something of value, chances are they trusted their secrets to a ditch or speculated on something that they considered a secret and somebody already thought of it. I guess Apple figures they are so innovative that nobody could ever think of something as great as they are thinking of. Maybe the courts will determine thinking the same is illegal and that everybody must think differently than Apple. I just had three doubles on the rocks and it isn’t noon yet. I’m really thinking differently now. My PC looks like an apple or is it a peach, the screen is fuzzy now. After all, when everybody starts thinking alike, millions of people buy a product that they think is a good value or they are all drinking the same kool aid or Scotch or something. Apple may demand to know what everybody is drinking. Everybody thinking the same could be a danger to society. In the spirit of full disclosure, I’m drinking an a Scotch Coffee this morning. Maybe the courts will rule that since everybody is thinking differently, Apple has the right to know who is thinking what and how different it is from what Apple executives and researchers are thinking. Perhaps the FBI will get involved and this will become a federal case and Apple can sue everybody for thinking the same and buying MP3 players that aren’t made by Apple. It could turn out that Apple gets sued for harrassing bloggers and journalists with all of this nonsense. Reports are that Apple could be building cell phones that tell everybody what they should be thinking about and do the talking for Apple users. Thanks Mr. Walker! Your new cellPOD will call Paris Hilton every 15 minutes and ask her out for a night on the town. Apple is looking for relief in the courts, but I’m not sure the courts can provide Apple with relief from the comedy of this whole thing. Next thing you know, the law will start issuing CUI’s, computing under the influence tickets and investigating computer crashes. News at 11. Maybe the courts will rule that the source was a 23 year old lush, sipping spiked drinks in a Web Cafe or at Starbucks on the wi-fi. Have a drink for me John, if you drink. I don’t know, call Apple they could know before I know what you know. Or just tell it to the judge, if you know what I mean? Apple and Microsoft reminds me of an old date rape story somebody wrote on the Internet. I don’t know who wrote it, but if it is true somebody better warn Steve Jobs before Apple gets raped by the big bad wolf, who is designing a different MP3 player that could eat apples and crap punk rock and runs on Linux or some new new thing. You should call Major Nelson, master.
Judge Melvin drops legal battle to unmask ‘Grant Street 99
April 03, 2004 Pittsburgh Post Gazette
http://www.post-gazette.com/pg/04094/295582.stm
Telecoms Miffed at FBI Meddling
July, 08, 2000 Wired
http://www.wired.com/news/politics/0,1283,37448,00.html
“This isn’t news. Apple has been screwing its supporters for decades. Ridiculously high prices on under-powered products.”
I guess you don’t really know that much about Apple. Apple’s entry level machines are on par with most wincrap machines. And where do you get “underpowered” from. I guess you just looked at the MHz speed and assumed this was so. Different processors my man, apples and oranges, the numbers mean nothing.
The fabulous blog buzz machine is going full tilt here now. Companies love all the blog buzz about their new wares. Some companies set up fake blogs, that are corporate blogs made to look and feel like indie blogs and use viral marketing to generate more buzz than the usual blog buzz. I saw a news program on this sort of thing. It works like this. Company A has a new product and gets people to hype it in chat rooms or with blogs and then reaps more sales. So company A has the aPod, all sorts of blogs tell of tweaks, hacks, hidden features, nifty innovations and Company A feeds the infostream and somebody, some kid writes a blog post about how zombies on his aPod. All hell breaks loose, the new zombie virus is spreading across aPodland and aPods are now playing Rolling Stones tunes backwards and the kids are all getting messages from Ozzy and Mick promoting a British invasion. The zombies are now British and the buzz is cranked up on an international scale. The Brits are now buying aPods and the secret aPod code is on the Net. Somebody leaked aPods secret code and James Bond known as 007 is working with U.S. intel on a secret mission to find out who leaked the aPod code and black choppers are flying high over head. Zombies wearing aPods are being spotted in Kentucky around music stores and malls dancing to where the streets have no name. An unnamed DJ in LA is playing the White Album backwards so the public can listen for new messages that could warn of the impending zombie invasion during rush hour on the 405. Apple has dispatched a team of crack lawyers and investigators to find who let the Jeannie out of the bottle. aPod could be confused with iPod and unsuspecting consumers could be subject to damages if the aPod code goes too far. Reliable sources have reported that the new aPods look exactly like iPods and are being buit in a rogue electronics factory in Cuba. If your teen is smoking big cigars and talking about the next revolution, it could be caused by coded messages on the aPod. Have your MP3 player verified to ensure the teen doesn’t catch the affluence bug from one of these devices. Listen to FM radio for the latest emergency broadcast updates on the dangers of music and the invasion of the aPod zombies. Turn off all MP3 devices and wait for instructions from the government before writing, blogging, listening to or conveying any new messages. Apple should be announcing something soon about the danger of these rogue operatives and the national security threats of the aPod, which is only an iPod knock-off from Cuba.
The Daily Bruin Magazine
UCLA
http://www.dailybruin.ucla.edu/news/home.asp
legitimate members of the press and website publishers or not?
Think about it!!!!!!!!!!!
With all the millions this guy has, can’t he get a shave?!
Those of you who like rice cookers, raise your hands. This is becoming like a dictatorship of boredom. You will disclose your sources or you won’t get a new rice cooker. Buy a new tropical shirt or something.