Apple argues for blogger records

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i still do not understand why people are still sympathetic to Apple.

Let's review the facts.

[list]
[*]An employee [read: representative] of Apple gave some info on a Apple product to a Press member [Fine: use "blogger" if you are not comfortable with Press member]. This is usually called a 'Press Release.'
[*]The employee did not request nor given compensation. Not normally done for press releases.
[*]If you get information about a new product release, you usualy go to a representative of the company for fact checking and... oh, wait. Been there done that.
[*]The blogger did not violate any NDA nor deliberately expose trade secrets [read: have criminal intent] nor act with malice nor impunity.
[*]Apple did ask the blogger to remve the material from his site and he did comply immediately.
[*]The employee is aledged to have violated an NDA and expose trade secrets.
[*]Apple did not do due dilligence in checking there own mail servers before attempting to subpoena the recorde of the ISP.
[*]Apple did not do due dilligence in requesting the information from the blogger before getting a subpoena for his ISP.
[*]Although Apple did not check there own e-mail systems whose messages belong to Apple that they can search without a subpoena, they now want to violate the privacy of this blogger by going through his e-mail, invading his trade secrets.
[*]Apple may have rights to the name of the source if it is ruled that trade secret protection trunmps press freedoms.
[*]Apple still has no rights to all the other e-mails of the blogger.
[*]This aledged 'trade secret' was planned to be released to the world anyway and was released to the world two weeks later by Apple themselves and would have been anyway at some point since the product was in production and about to ship.
[/list]

So what did the blogger do wrong?
[list]
[*]What crime did the blogger commit?
[*]Did Apple do due dilligence? No.
[*]Was there a 'trade secret' leak? undecided.
[*]Would the alledged trade secret been released anyway, even if only at product launch to retail markets? Yes.
[*]Was Apple disadvantaged to their competitors by this aledged leak? Unlikely (since the product was about to be launched on the market).
[*]Does Apple have the right to all the Bloggers private e-mails and his trade secrets even if the source is a criminal and Apple has a right to his name? No!
[*]Should Apple have subpoenaed the bloggers computer e-mail store instead of this ISP? Perhaps but better yet, subpoena the blogger himself to reveal his source and keep his e-mail out of it.
[*]Did Apple subpoena the blogger or bring any civil or criminal charges against him? No.
[/list]

So why should Apple get sympathy?

Posted by: The King's Servant   Posted on: 04/21/06 You are currently: a Guest | Members login | Terms of Use

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