Apple suit foreshadows coming products

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Ever heard of the Pentagon Papers?

Journalists are not at all restricted to reporting information that was obtained legally. That's been upheld by the Supreme Court. What journalists can't do is actively break the law themselves.

But if you tell me something you should not, I am fully able to tell anyone I want anywhere I want. (Whether to do so is an ethical question, not a legal one.)

According to this article, Apple's complaint is not even trade-secret theft; it's interference with a private contract. That's a weak attempt to get around the First Amendment, IMHO.

The whole issue of trade secrets is a canard. According to everything I've been told by media lawyers, a "trade secret" has to say secret. The classic example is the formula for Coke -- that's something Coke will never willingly reveal. In a week Apple is going to reveal everything that dePlume published on his site -- therefore, as far I understand the terms, none of it can be considered a real trade secret. It's just information Apple would prefer to stay private until next week. Trade secret law protects a company's primary intellectual assets, not its PR schedule.

Stephen Howard-Sarin
VP, ZDNet.com
(former exec. editor at MacWEEK, where we we made a regular habit of publishing Apple secrets)

Posted by: S.Howard-Sarin   Posted on: 01/05/05 You are currently: a Guest | Members login | Terms of Use

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