Nicholas Ciarelli is an excellent journalist. Too bad. The poor kid’s liable to be bankrupt before he’s old enough to buy beer. All because he’s very good at what he does; and because he does it on the Net.
Boston Globe: Teen reporter pays price for Apple coverage
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Eugenia Loli
Ex-programmer, ex-editor in chief at OSNews.com, now a visual artist/filmmaker.
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Most people here know that osnews.com is an anti-Apple site (the company, not its products), so don’t come here expecting not to see ridiculous stuff as this.
Have you read anything about the ruling? I am not trying to be snide but the judge specifically stated that the bloggers status as journalists or lack threof is not relevant to the compliance with the subpoenas. If, in an appeal, it is found that the status as a journalist can effect the issuance, then and only then will the bloggers status as journalists become relevant and be decided upon in a legal context.
I think you need to read the ruling yourself. The Judge does not rule on and Apple did not make an argument that this website is not journalism. all that was about is a comment the judge made during proceedings. his ruling did not include ANY mention of the validity of web journalism WRT freedom of the press.
“Please argue with this, then everyone will know you flunked ethics. ”
Ethics in the IT industry? Ha ha ha, now that is funny.
Someone in Apple will be named as the leak, it has to be a person or persons. To have this kind of info, it has to be.
I’m sure Dell and other companies look at these Technology leaks.
The law is the law and this person or persons broke them regardless of their age.
Buy responsibly from companies that share your values.
Read this, it makes sense, which many comments here surely don’t…
http://daringfireball.net/2005/03/discovery_ruling
How was Apple harmed? Did sales of eMacs plummet in the two weeks between the leaks and Apple’s official announcement? Did Apple’s compeitors (Commodore? Atari? Coleco?) beat them to market with a similar product in those two weeks? Can Apple prove any of these things in court?
I’ve worked in mass media for 35 years, and if there’s one thing I’ve learned it’s that there is no such thing as bad publicity. All this leak did in the two weeks prior to Stevie’s announcement is build anticipation and generate publicity for Mac Mini, all at a cost of ZERO to Apple, Inc. It started a buzz. Yeah, NDAs may have been breached, and that is a matter between Apple and the parties to those NDAs, but where was the harm to Apple? All this is, IMO, is a strong-arm tactic by Apple.
While we’re on the subject of intellectual property, here’s a question for ya, Stevie: How much has Apple paid to Xerox over the years for the intellectual property that “inspired” the Macintosh during your visit to Xerox PARC in 1979?
The law is the law and this person or persons broke them regardless of their age.
Negatori, good buddy. An NDA is an agreement between two parties, not law. It is a civil matter, not a criminal matter. You do understand the difference between civil and criminal, don’t you good buddy?
If you’ve really been in the industry for 35 years, you’d know that Apple actually worked out a deal with Xerox to use that technology.
Being that it wasn’t a deal based on profits, and more of a 1-time thing, I’m sure Xerox now wants more, but it was a fair deal.
Apple actually worked out a deal with Xerox to use that technology. Being that it wasn’t a deal based on profits, and more of a 1-time thing
“In 1979 Apple Computer allowed Xerox to buy a million dollars of Apple stock in exchange for allowing a few key Apple people – including Steve Jobs – to view inside the Xerox PARC and talk to the think tank people for a limited time.”
Apple paid with equity; there was no cash outlay on their part.
Here is the source of that quote: http://www.virtualaltair.com/virtualaltair.com/mits0028.asp
Renaldo wrote:
But since all rights require responsibility, you are legally responsible for any damage or harm caused by exercising a right. So if you yell “FIRE!” in a crowded theater when there isn’t one, you are responsible for the property damage and potential injury or death that would be caused by having the crowd rushing to the doors trying to exit.
I really hope people can grasp what Renaldo states when he said, “But since all rights require responsibility…”
Liberty is veiled in Self-Discipline. The US Constitution demands that its citizens first and foremost must be aware of Reason and all that it entails. These Liberties demand that they be respected and understood in their proper contexts otherwise they are revoked.
He nailed it that the Government is founded in protecting the Domestic Tranquility of its citizens from Foreign entities, not to be the Republic’s babysitter over its Domestic Affairs. It is clear that today this statement is being constantly ignored and the lines become more and more blurred with each generation.
The fact we have over 100 comments on a basic rational recourse,taken by Apple who has a fiducial responsibility to its shareholders to protect its assets, makes it glaringly clear that this generation needs to be educated in the foundations of this once great Republic. We have written so many laws that weaken the power of the individual to protect their private property it is sickening.[Libertarian for those who haven’t figured it out]
If this were two individuals where a third party entrusted with pertinent information violates that trust and leaks it to another individual who then publishes it without authorization, that owner [back in the Old West] would physically have gotten the crap beat out of them, if not shot.
Today, since we love to profess that we are more “civilized” such claims demand that both individuals and the third individual take a much higher level of responsibility and if they fail in this endeavour it becomes the moral responsibility of the owner to wield with all one’s might, legally, to beat the crap out of the individuals who violated their agreement(s).
Take responsibility for what you put your John Hancock to, albeit digitally or otherwise, you whiny piece of dung, gutless, spineless excuses for human beings.
Show some honor people and stop using the notion of Government to be your recourse when clearly you can’t own up yourselves.
… this isn’t surprising to me, but it’s certainly one more reason NOT to buy into the Apple’s hype and to avoid their crap at all costs. Linux is better anyway. 😉
I’m no economist, but I’d think the equity would be worth more.
WIMP interfaces weren’t the only cool stuff to come out of Xerox Labs, you’d think the execs there would catch on and start marketing the tech on their own.
Just stop order from apple for dual G5, go for dual AMD with Linux .
See you in next life apple.
This kid was under no secrecey clause or contract of any sort.He heard something through the grapevine is all.Doesnt even have to know the people who gave him the info.They handed illegal info on there own,if apple cant find the culprits too freakn bad.This kid is under no liability to apple.
Its not even as if he released secret code for new OS or anything that would cause those from the orchard to lose money.
sour apples is all it is.
You even have in the USA a law to protect whistle blowers (Europe is considering such a law, and the country I am in today also- as this is a good idea, break the law if it benefits the whole society by doing so and helping/saving lives).
Yes we do have these laws, and I certainly hope European countries adopt them, too. However, this case does not involve whistleblowing…it involves leaking legitamate secrets and jeopardizing marketing plans.
Apple is effectively outlawing rumor.
A hyperreaction. Apple is not owtlawing rumor, and cannot do so. What they are doing is sueing to find the source…period. No monetary damages awarded.
So many people on this board are more than happy to use the technologies developed and sold by large companies. However, many of these same people will scream murder if these same companies try to protect what is rightfully theirs. Please.
Give it up, guys. You’re talking to what are effectively anarchists (though watch them call the police when they get robbed).
Don’t call them anarchists. Anarchists are politically noble, if not realistic, and this despite the crimes committed in the name of anarchism. You and the others are talking to morons, nothing else.
I’m no economist, but I’d think the equity would be worth more.
It ultimately was because Xerox never did much of anything with all that technology.
WIMP interfaces weren’t the only cool stuff to come out of Xerox Labs, you’d think the execs there would catch on and start marketing the tech on their own.
They’d have to convince Xerox to let them have it.
I think Apple should stop now; they’ve scared the crap out of the kid, now let it just be.
Apple should then issue a press release that Apple has given the kid a warning, and if he continues to leak confidential information onto the net, then Apple will persue the person again, but this time, to its final conclusion.
At the end of the day, there needs to be a balance; both the rumour sites and companies need to come up with a middle ground – personally, leaks will NEVER stop, not matter how much Apple, Microsoft or who ever, would like it to stop it.
At the end of the day, people are AWAYS going to stand around the cooler, moan about the boss, swap stories about the new employee getting themselves jammed under the desk whilst sitting on their seat, and what is happening in other departments – with that being said, however, they’re rumours. Things like pictures and act documents shouldn’t be used.
One needs to be realistic about these things. There’s nothing “cool” about Apple. It’s a business that uses the image of cool, hipness and “being different” to sell a product.
This business is not one’s personal friend, nor has it ever been. It wants one’s money, period.
So, when this business preceives a potential attack on it’s income, it does what most businesses would do — it defends itself. Some businesses are just very aggressive that way. But, generally, one has to be quite an aggressive individual to succeed in the U.S. market anyway. So again, this action taken by Apple really need not be a surprise. Unfortunately, a naive nineteen y.o. kid got caught in the crossfire.
Apple’s sale may have indeed have been hurt by the unauthorized product annoucement. It is their product, after all, and they do have a right to decide when it is both ready and advantageous for them to announce it to the public.
Perhaps, if this kid was smarter, he would have actually worked with Apple to present a staged “leak”, and pocketed a little cash for his efforts. (It’s not like that doesn’t happen already.)
I’m defending, nor am I damning, Apple’s actions, nor this kids. Just presenting the reality of a business.
Love and ease,
Nirodha
Apple’s sale may have indeed have been hurt by the unauthorized product annoucement. It is their product, after all, and they do have a right to decide when it is both ready and advantageous for them to announce it to the public.
I doubt very much that their profits have been hurt by the sale. Its an well known secret than Apple wanted to get back into the low cost computer market, but wanted to first build up their brand as something with prestige, value and high class; its alot easier for a high class company to go down market than it is for a low class computing company going up market – just look at how Gateway tried to emulate Apples consumer success – it didn’t work, because the public viewed and still view Gateway as yet another uninnovative PC vendor.
kaiwai how do you know they have scared the kid?
Just because he is 19 and going to court?
If he was scared wouldn’t he have just told Apple out of court, but no he is prepared to fight it. Would you forgive a kid who stole sweets? robbed a bank? killed? arn’t they scared aswell?
The whole point of court and being scared is as a deterrent, if blubbing is a get out clause to going to court, then is M Jackson suddenly going to burst into tears and everyone feel sorry and end the trial cause its making him upset?
Just why does anyone care?
Apple is nothing more than a dust mote in the vast galaxy of PC space. .25% market share and falling.
Suing their fans just blows this dust mote farther into the far reaches of the beyond.
The galaxy moves on.
“It’s funny to me how Apple is being vilified just for using the only legal means it has for finding out who violated a contract. It’s not like they are suing this kid for damages.
If I knew who broke into your house and stole your television, I’m sure you’d want me to tell you who it was too.”
I agree. I still don’t LIKE it in this case because it seems like a big, bad corporate giant coming after the little guy, but you are absolutely right.
And this kid has made it is “job” to reveal “secrets”, news items that Apple does NOT want revealed (at least not until they are ready to reveal it themselves).
While I feel for the kid, I don’t blame Apple really and well, that’s life I guess.