A California judge has ruled against
Apple's
request to force several bloggers to reveal the sources of
confidential
information leaks. The ruling
overturned an
earlier verdict in Apple's favour.
Apple had alleged that
AppleInsider
and
PowerPage
had violated its trade secrets.
Both websites published information in 2004 about a product codenamed
Asteroid or Q97, a forthcoming application that would allow users to record
analogue audio within Apple's
GarageBand
software.
The computer maker argued that the importance of its trade secrets overruled
the authors' rights to protect their sources because the information leak
amounted to theft.
Apple also insisted that the publication of such material does not serve the
public interest.
In an apparent reference to the
WorldCom and
Enron scandals,
Judge James Kleinberg said: "Business entities may adopt secret practices that
threaten not only their own survival and the investments of their shareholders,
but the welfare of a whole industry.
"Labelling such matters 'confidential' and 'proprietary' cannot drain them of
compelling public interest."
Although the ruling stated that several other factors in the case justified a
forced disclosure, it found that the public interest outweighed those arguments.
"Today's decision is a victory for the rights of journalists, whether online
or offline, and for the public at large," said Kurt Opsahl, a staff attorney
with the
Electronic
Frontier Foundation, who argued the case before the appeals court last
month.
"The court has upheld the strong protections for the free flow of information
to the press, and from the press to the public."
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