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Apple v. Does

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The articles at issue concerned a FireWire audio interface for GarageBand, codenamed Asteroid or Q7. In addition, Apple filed a separate trade secret suit against Think Secret' on January 4 2004.

Apple is seeking information from these news sites regarding the identities of the sites' sources, and has subpoenaed the dePlume Organization LLC—the owner of Think Secret—and Nfox.com, the email service provider for PowerPage, for email messages that may identify the confidential source.

On 4 March, in response to Apple Computer's lawsuit against Think Secret, the dePlume Organization LLC filed a special motion in California Superior Court, Santa Clara County, requesting a dismissal of Apple's suit under the California Anti-SLAPP Statute. [1]

On 11 March, Judge James P. Kleinberg declined to grant a protective order that had been requested to block Apple's subpoenas, stating that he had found that the leaked information was an exact copy of a drawing taken from a confidential set of slides labeled 'Apple Need-to-Know Confidential". He wrote that the information was "stolen property, just as any physical item," and implied that websites posting such stolen information were analogous to criminal fences. He also wrote that Apple had passed the five-part test articulated in the California case Mitchell v. Superior Court (1984) that weighs whether a subpoena should be permitted over journalists' privilege rights under the First Amendment.

The online news sites filed a petition appealing the decision on March 22, 2005. Amici supporting the journalist's petition include the San Jose Mercury News, the Hearst Corp. (San Francisco Chronicle), the McClatchy Co. (Sacramento Bee), the Los Angeles Times, the Copley Press (San Diego Union-Tribune), Freedom Comm. Inc. (Orange County Register), the Associated Press, the Reporters’ Committee for Freedom of the Press, the California Newspaper Publishers Association, the California First Amendment Coalition, the Society of Professional Journalists, the Student Press Law Center, the American Civil Liberties Union, The Center for Individual Freedom, The First Amendment Project, Reporters Without Borders, the Media Bloggers Assoc., four law professors, numerous online journalists, NetCoalition and the United States Internet Industry Association. Amici supporting Apple include Genentech, Intel and the Business Software Alliance.

On June 2, 2005 the California Court of Appeal issued an Order to Show Cause, asking Apple to show the Court "why a peremptory writ should not issue as requested in the petition" filed by the online journalists.

Note: Apple's lawsuit against Think Secret is separate from its "John Doe" suit, whereas it did not sue any journalists, but instead sought information through subpoenas to three Mac news Web sites concerning a product code-named "Asteroid"; Think Secret has done no original reporting on Asteroid. In contrast, Apple's suit against the dePlume Organisation seeks damages from Think Secret.

[modifier] Backlash

Some critics have said the lawsuit could reduce U.S. journalists' protections under the First Amendment of the United States Constitution.

Many bloggers criticized Apple's suit. The Blog Herald said that Apple might face a blogger-initiated boycott [2], Mike Langberg wrote an open letter to Steve Jobs warning that "The lawsuits pose an imminent threat to Apple's most precious asset: the company's reputation as a hip underdog, a cool alternative to bigger and blander competitors such as Microsoft, Dell and Hewlett-Packard."