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March 4, 2005
Rotten Apple

rotten apple

I'm a big fan of a lot of Apple's hardware and software, but this fight they're having with a couple of websites over the "leaking" of information about upcoming Apple products is honking me off.

A judge in one of the cases tentatively ruled yesterday that Apple can force the websites to reveal the sources of the leaks, and agreed with Apple's assertion that protection of confidential sources does not apply to websites because they are not "legitimate members of the press."

This seems like a pretty scary argument to make. What makes someone a "legitimate member of the press"? Are we going to make a list of organizations that qualify for constitutional protection and everyone else is screwed?

Their attitude reminds me of the White House's, which is truly sad. If information gets out, it's out. Just because you want to be the one to make the announcement, or you want to keep something secret, should that make it illegal for someone to find out and tell others?

As Thomas Goldstein, former Dean of Columbia's Journalism School said in a brief, "Just because Apple does not want these publications to report on its activities does not mean that they are not news publications."

The worst part about Apple's actions is that they're suing people for being big fans of their products. The people who run these sites spend spend a major part of their lives going on and on (and on) about Apple's latest iThing, surely driving sales, and this is the thanks they get. Going after your biggest fans and most loyal customers is just not smart. If they're mad that secrets got out, they'll just have to try to control their information better. Once it's out, it's out.

Note: In case anyone wants to make comparisons to the Valerie Plame affair, I think this is pretty different. That case involved the outing of an active secret agent; this is about some stupid audio breakout box. Apple's "secrets" about product launches benefit only them and there's nothing illegal about telling someone what you heard about a new product. Outing a secret agent is specifically illegal. Which is reason #427 that Bob Novak should be in jail, or at least tarred and feathered.

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