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Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

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In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

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March 22, 2005

EFF Files for Appeal in Apple v. Does

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EFF today filed a petition for appeal [PDF] in Apple v. Does, arguing that the central issue in the case is not "the merits of Apple's trade secret claim nor even the potential liability of these non-Party reporters should Apple ever sue them (it has not). Rather, the question is only whether Apple may ride roughshod over the reporter's privilege and the reporter's shield in its eagerness to obtain evidence."

In other words, can Apple do an end-run around the California reporter's shield and the journalist's privilege under the federal First Amendment by forcing a third party (in this instance, Jason O' Grady's ISP) to divulge a reporter's confidential sources? If so, can it do so without first exhausting all other means of securing the information?

Remember, these reporters did not steal any information from Apple, bribe any Apple employees, or break any non-disclosure agreement. They are not defendants in any criminal action, and no criminal investigation is underway. Yet the trial court applied the consitutional reporter's privilege as though this were a criminal case. It even compared these journalists to "fences" in stolen goods.

EFF has prepared an FAQ to complement the official press release on the petition for appeal; we're hoping it helps clarify what's happening and why it matters for journalism.

Update (March 23): From my referrer logs, an astute appraisal of the situation: "Maybe I'm missing something here, but it does seem kinda like Apple is supposed to rip apart its own house before ripping apart those of journalists."

Comments (3) + TrackBacks (0) | Category: Speech


COMMENTS

1. heynow on March 23, 2005 12:12 AM writes...

25 years of using Macs and I just bought my first PC.

I know others doing the same. Fling hammers at jerks

Permalink to Comment

2. Neo on March 23, 2005 9:32 AM writes...

Be sure to strip the default operating system from the PC before you have anything important on it that you don't want to lose and don't have anywhere else, and install Ubuntu.

Permalink to Comment

3. worknhansgiving on March 23, 2005 10:08 AM writes...

reporters have the right to write and print whatever they so desire. but, some not all reporters could careless who the story is about or whose lives or life they can make a living hell or better. yes we need to know who is doing so and so wrong but for an example when a man or woman is truly innocent and a reporter writes a story about the accussed and so on so forth they sometimes destroy that persons life and they recieve a crucifiction for something they did not do. then there are the money hungries etc. the one i respect and wish there was more of them and they are the best reporters there are, are the ones that think about how about if this was me in so and so shoes or is this ethical morally and honestly right in the eyes of god and man. they write from the heart with a true purpose and not profit. profit comes once the name is there etc. to all our hard working seen and unseen reporters god guide you along each path and story you write each day for as long as you shall live.

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