Tentative ruling favors Apple in blog case

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ok tic , here are some reason

1.how it helped

first it test the waters to the public to see if it's a produvt the public wants or likes. What should be improved, what they don't like about a prodect etc, (a small stuffy group or test group not sufficient because it is skewed/biased/ to small to get feedback during developement)

secondly, the competition probablly has more insider information than what was released (spys and empoyees that sell secrets)
thirdly, the leak told them that they have leaks inside there company and to get a handle on it before real secrets get leaked to the public.
fourthly, it gave the competition no head start considering you are months into developement already. You have the advantage not your competition.


2 as for the advertiser - the company signs the agreement - not the employees - the company is libel - not employees - the employees may get fired (possibly ) and is a civil case in which you have to prove damages. You can't prove any, what loss is there? none as far as I can see (they are hypothetical - on a product which may never be released - sold - or made)


3 the tobacco case is a good test. Those document were trade secret(ingedients, scientific research), yet no criminal prosecution or civil case came forward. The public's need to know that wrongdoing/corruption outweighs the rights of corporations to hide such activity. Trade secret law is mean to stop competitors from gaining technical knowlegde (ie. how it's built/made- ie schematics, code, ingredients, process,chemical composition -)not what it might/will do or might look like. Basically you have to prove that the information disclosed was highly technical. In the apple case, none was, that information is not very important to them, not like the inside workings (which they may have a spy on the inside getting). The competitor in fact don't want it disclosed because inside leaks/spys can funnel them info. Now with a crackdown for spys, apple is tightenng security, retraining employees on company secrecy/ and firing those who they find untrustworthy. So the competition loses more than apple in this case.

As for signing NDA, it done them. But that doesn't gag parties that aren't signed to it. Family members, friends. You may talk in your sleep. are you libel for it. NO!. Someone may kidnap you and give you sodium pentathol - truth serum and question you. Should you be fired, no. Should your be sued, no. should you go to jail for violation trade secrets,no. Not if those other parties tell others they aren't gagged and aren't libel and apple has no rights to those names.

5. Now whose to say that someone snitched and maybe there are other sources. Maybe the reporters found out directly, from the CEO (amybe the CEO forgot, it happens), or by browsing the website (and by sheer accident information was released accidentally by apple). Should a person be sued because the forgot about meeting with someone(or people), or about a converstaion they may have had. Again NO.

Even if the reported tells the truth about it, the company could lie (ceo and others) just so they could sue for damages. It happens. look at the tobacco case. executives lied to everyone(including the government and congress - under oath) about tobacco. Executive are not beyond lying to get rich or reach their objectives.

As for the Valerie Plame, Since 9/11 any leak from government is a threat to national security. And the information is necessary to plug holes, (if needed). But this all wouldn't be necessary if there was a whistleblower law to protect those who wish to report corruption. then secrecy is not an issue, the people could have come forward. Without it, people could be fired for telling the truth about corruption.

Posted by: twinkler@...   Posted on: 03/05/05 You are currently: a Guest | Members login | Terms of Use

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