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ECT News Community   »   MacNewsWorld Talkback   »   Re: Memo to Apple: Lay Off Your Fans



Re: Memo to Apple: Lay Off Your Fans
Posted by: Peter Burrows 2005-03-18 08:00:03
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In recent months, Apple's legal attempts to shut down news leaks to fan Web sites have raised First Amendment alarms in my profession. In January, the company sued a Web site called ThinkSecret.com that frequently publishes details of as-yet-unreleased Apple products. Then, Apple filed a suit against the unknown people who provided this proprietary information and asked the court to issue subpoenas so it could check the e-mail records of ThinkSecret and two other Apple devotee sites.


Re: Memo to Apple: Lay Off Your Fans
Posted by: eks 2005-03-18 12:45:08 In reply to: Peter Burrows
Mr. Burrows,
Lay off the first amendment rights. The issues at hand are not first amendment related. They relate to theft of private property and violation of non-disclosure agreements.
Apple is legally trying to subpoena the names of those who leaked tech info, under an NDA, per an unpublished, non-disclosed product/technology (Asteroid) from those websites that published the info. Those persons under the Apple NDA do not have protection under the Constitution because they agreed to keep their mouths shut about those products they are manufacturing or testing. And they are subject to civil litigation. Please tell me how those individual rights are being tromped upon.
The law didn't protect Apple back in the early 80's as M$ literally stole, while under contract to create MultiPlan (EXCEL) for the Macintosh, the GUI for Windoze. Remember, Apple had Microsucks in court for 6 years before the US Supreme Court ruled in M$ favor. Because the agreement between the two was too vague. The law had not caught up with intellectual property and look/feel issues per computer operating systems. But it's caught up now and has been for several years.
And if you wonder why Jobs is so 'paranoid' about protecting non-disclosed or announced properties the above is the reason why. Can you blame him? What would you do? I think the same. He learned his 1981 through 85 lessons well. And until Jobs returned to Apple in 1997 the secrets, per new technologies, were spewing out the Apple spigot. It was a disastrous time under the Sculley, Gassee, Spindler, Amelio regimes. Those guys couldn't do anything right let alone keep from being dog robbed by M$ and every one else in the world of tech during that era. And that is well documented. Check it out.
BTW, Apple didn't steal the GUI from PARC at Xerox as many would want us to believe. Apple contacted Xerox brass hats in New York and got permission to go see the STAR GUI that they had developed. The Mac GUI was already beyond 80% done. And Apple paid Xerox with 2 million shares of Apple stock for the show and tell sessions.
The other piece of litigation revolves around a blogger who is accused of offering payments and making payments to those under an Apple NDA to break same and provide non-disclosed product information. And they did. And that is against the law. It is called purchasing stolen private property.
I would think that Businessweek staffers would not go out and solicit stolen property. And if data was supplied it would be properly vetted to make sure that the company would not be subject to civil or criminal litigation. There it is. Nothing to do with free speech and first amendment rights. It has everything to do with private property rights. The judge in California made the correct call. And I believe it will be upheld as it is appealed. Maybe you might want to read up on the law and interpretation of same behind his decision if you haven't.
Don't hide behind first amendment and free speech violations by Apple if this is what you are doing. Another example of political correctness gone awry. And it's killing this country. Shame on you!
Norsk
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