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Apple Subpoenas, Sues Over Leaks

CNET reports that Apple has been granted the right to subpoena O'Grady's PowerPage, AppleInsider, and Think Secret over leaks of information concerning an unreleased product code named "Asteroid" and "Q97," which has been described as a FireWire audio interface for use with GarageBand. The subpoenas are related to a lawsuit against an unnamed individual who leaked the information.

27 of 251 comments (clear)

  1. Read all about it! by garcia · · Score: 2, Insightful

    In trying to identify the identity of worker bee (ex-contractor, Juan Gutierrez), Apple basically had to confirm that there was some truth to the rumors that he was posting--namely the details of a revision to the iBook laptop. Apple eventually did release a laptop whose details matched worker bee's description. In 2001, Apple settled with Gutierrez after he promised to turn over any remaining Apple confidential information and not divulge any further details.

    Honestly this seems to be little more than drumming up even more buzz over up-in-coming products. Yeah, they probably were going to keep it a secret for a while longer but now that it's out why not milk it a bit and get the word out?

    I have no interest in most of what Apple does or makes. I certainly wouldn't be perusing the three sites mentioned in the lawsuit but what I do peruse are news sites and other non-Apple sites (news.google.com, Slashdot, etc). Would I have heard about this through Slashdot? Perhaps. Would I have heard about the lawsuit through news.google.com AND Slashdot? Yup, in fact, I did.

    So, I'm a PC/Windows user. Never surf the Apple rumor sites. I hear about this lawsuit that stems from the leaking of information about a piece of hardware that I can hook my computer up to my instruments and record shit. Sounds cool...

    Worth filing some papers and getting someone to promise they will never leak information again? Yeah, I think so.

    1. Re:Read all about it! by Ironsides · · Score: 3, Insightful

      The main reason they are trying to stop these leaks is so that further leaks do not occur. I wouldn't be surprised if some of Apples competitors (say, app creators for MS Windows machines) troll the rumors sites to try and find out what Apple is up to. By creating a product, even if it is inferior, to one Apple is making and getting it out the door before Apple anounces their product or has it ready can cost Apple money. Mainly cause people will buy the first thing that comes along that does what they need if they don't know of any other product coming out anytime soon.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    2. Re:Read all about it! by Anonymous Coward · · Score: 5, Insightful

      I love you people and your little conspiracy theories. It's cute. There's already a few others in this thread saying they're trying to divert attention, spin this, hype that. Ha.

      It's quite simple, actually. Some guy posted the full specs and drawings of an unannounced product. This potentially allowed competitors to either (a) rush a similar product to market first or (b) launch a marketing campaign against Apple's yet unreleased product. In either case, it'll debut a flop, through no fault of the product itself or Apple's marketing.

      Rumors are one thing. There's tons of Mac rumor sites and they get left alone by Apple. Because they're mostly about conjecture and vague bits of possible information. This guy posted something very specific, very exact, and very accurate. Apple has every legal and moral right to take him to the cleaners for violating his NDA and harming their ability to compete on a fair playing field.

      This has nothing to do with PR or spin. Really, the PR is only going to be negative coming out of this (the ignorant masses will say "look at the big mean corporation beating up on the little guy!"). They are doing this to protect themselves in the future by punishing the ones who leak specific NDA information and discouraging others from doing the same.

      Go get 'em!

      </faggy Apple fanboy>

    3. Re:Read all about it! by RazzleFrog · · Score: 2, Insightful

      Is that really such an issue for them? I don't remember that happening in the past and with the recent exception of the iPod I don't think there is much of a crossover between Apple and Microsoft users. Using Asteroid sounds like you would need a Mac and would a Mac user go out and buy a PC just to get a first to market alternative?

    4. Re:Read all about it! by Ironsides · · Score: 2, Insightful

      I'm not talking consumer level applications here. I a talking items such as full versions of Photoshop level programs that no consumer would ever use even 1% of its full capability. Profesional level applications are what I am talking about on the software end. A lot of companies that use Apple products don't just use Macs. The will use Macs and PCs depending on which platform has the best software.

      But lets take a look at hardware now. Consumer level, to be specific. Lets say it gets leaked that Apple is working on a partable device that will allow you to play all your old favorite games on a handheld. These could be all the games from the IIgs series and DOS for all I care at this point. And lets say Apple is a year from product launch. Another company decides to slap together in 6 or 9 months something that will only do DOS games. The handheld cant do as much, has a shorter battery life and so on. But because they get it to market before apple, people buy their product first since they don't know about Apples. Then, when Apples is announced some/many people don't switch because they don't want to loose their investment or feel like they have wasted money. So they stick with the lower quality player.

      What we then have is a case where a leak has cost Apple money by having a competitor get to market quicker with an inferior product. That is mainly what lawsuits like this are about.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    5. Re:Read all about it! by RazzleFrog · · Score: 3, Insightful

      I stand by my original statement. Mac users are ferverently loyal to Apple. They are not going to switch just because there is a new version of PC software that has features promised in a soon to be release Mac software. On the hardware side, I assume you are referring to a specific example but I am unaware of the product you are talking about. I also think that iPod is a good example of a superior product overcoming the first to market players. Actually, in the computer world first to market is often not the one to suceed. Google was not the first search engine. Excel was not the first spreadsheet app.

    6. Re:Read all about it! by fermion · · Score: 3, Insightful
      Although it is true that reading the press forms a basis for all espionage, corporation have much more sophisticated techniques for discovering industrial secrets. One of the more interesting stories in recent times, one that details the social and technical methods, is that of the development of yeast embedded pizza crust by kraft. This was a big deal as it would(has) revolutionized the frozen pizza market and would give a huge advantage to anyone who could figure out a way to make it work.

      What Apple is more likely concerned with is the effect that early product rumors has on sales of current stock. Apple is not a company that likes to give discounts or rebates, and seems to minimize the need for this by carefully controlling stock and release of new products. While rumors can be good for market capitalization, credible rumors are bad for profits.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    7. Re:Read all about it! by bob+beta · · Score: 2, Insightful

      Excel wasn't even the first successful spreadsheet.

      Nor was Lotus 123, of course.

      If Visicalc hadn't existed, and if it hadn't been available ONLY on the Apple 2 for it's first year of existence, Apple might not even exist as a company at this point.

      'Insanely Great' is to Apple as 'It's the Real Thing' is to Coke.

    8. Re:Read all about it! by Zhe+Mappel · · Score: 2, Insightful
      the ignorant masses will say "look at the big mean corporation beating up on the little guy!"

      What planet do you live on? Mine is the one where the "ignorant masses" have made Wal-Mart the largest retailer (and employer) in America; where everybody wants a brand name product; where people get their "news" from TV shows sponsored by giant agriculture, car and technology companies; where they watch hours of corporate commercials on TV per week.

      Concern for the little guy? What year do you think this is--1965?

  2. difference from news by prockcore · · Score: 2, Insightful

    There really isn't any information contained on those sites that isn't contained in the articles about the suit.

    Is Apple going to sue slashdot now for telling us what the lawsuits were about?

    Of course all Apple has achieved is validating the rumor.

  3. Re:Apples by the_rev_matt · · Score: 3, Insightful

    "Your first time being root is much the same as loosing your virginity only with less humilation."

    Not if you manage to combine the right balance of arrogance and incompetence it's not.

    --
    this is getting old and so are you

    blog

  4. Re:well by RatBastard · · Score: 5, Insightful

    I'd guess it means that people are violating their NDAs. There is nothing rotten with a company protecting thier confifendtail information.

    --
    Boobies never hurt anyone. - Sherry Glaser.
  5. Re:No Story Here by RatBastard · · Score: 3, Insightful

    Exactly. A subpoena is just a compulsion of information, it os not a charge or even an accusation of wrongdoing on the part of the person(s) served.

    --
    Boobies never hurt anyone. - Sherry Glaser.
  6. Re:Who cares!? They act like a bunch of babies.. by swimmar132 · · Score: 5, Insightful

    They're suing someone who violated the terms of the NDA. End of story.

  7. I'm on Apple's side with this.... by Spark00 · · Score: 5, Insightful

    how relevant WE think the information is, or how worth hiding/saving/embargoing is irrelevant. There are tons of reasons that a company wants to keep info secret until they're ready for it to be released. They might (legitimately) fear that a competitor could use the info to get the jump on them. Considering how 'cool' people think Apple's stuff is this is likely. Or they may want to maximize the marketing impact of the product update/launch. This is not so insignificant really. As someone who works in marketing, I can say that an "oooh, what's next" buzz can be very helpful, and even valuable bonus when introducing product. To have some employee leak it for nothing more than first posters braggin rights is annoying and they wouldn't have a hard time making the claim that it cost them real money. And if the guy signed an NDA (VERY likely if he's working in product development) then he's screwed. I think the real story here is that they were allowed to subpeona the records of the sites he posted to. One reason why you'll never see me posting stuff that I find out at work (v. big tech/computer firm here).

  8. Re:That's Apple for you by Anonymous Coward · · Score: 1, Insightful

    When will people learn that clock speed is not the same as processing power? Oh. Once you get a fucking clue. Okay, I guess I shouldn't worry about something that will never happen.

  9. Re:I don't know about the rest of you... by 0racle · · Score: 4, Insightful

    This is hardly a stunt lawsuit. The person in question undoubtedly signed an NDA and now he has broken it. Ya there are too many lawsuits going on but you might want to pick which one you whine about next time. On top of that Apple is about as innovative as a Desktop computer company gets, exactly what are you whining about there?

    --
    "I use a Mac because I'm just better than you are."
  10. Re:Doesn't Matter... by Blue-Footed+Boobie · · Score: 1, Insightful
    I am not trolling. I think it's silly for Apple to get its panties in a twist over a product that already exists (albeit from a diff. mfg).

    I can understand them stopping leaks over things like the G5, Color iPod, etc. But a firewire audio interface. Small potatoes.

    --
    DAMN YOU OCTODOG! DAMN YOU TO HELL!
  11. Re:Who cares!? They act like a bunch of babies.. by oscast · · Score: 2, Insightful

    Why is it that you people insist on trying to push the notion that Apple only pushes aesthetics... as if theres nothing else like ease of use, faster, smaller, more efficient, quieter etc... The parent post is a thinly veiled troll which trys to imply that Apple is only about flash.... Sigh...

  12. Re:I don't know about the rest of you... by cowscows · · Score: 3, Insightful

    If you're tired of hearing about lawsuits, then just stop reading about them. They're a fact of life and business. You can not run any business any reasonable amount of time without running into them. They aren't an inherently evil or wrong thing, they're just a way of making sure that people do things or don't do things according to contracts and legal precedents and whatnot.

    Sure jackasses like SCO are a destructive abuse of the system, but that doesn't mean anytime a company files a lawsuit against someone that they're making the world a worse place.

    Your statement about the execs duking it out behind a woodshed doesn't even make sense in the Apple case that the article is about. They've filed a lawsuit against an individual who violated an NDA. You'd rather they send some goons to track him down and beat the snot out of him?

    --

    One time I threw a brick at a duck.

  13. Reson Why Corproations don't choose Apple. by jellomizer · · Score: 1, Insightful

    Apple Love to keep there products a secret until it can be released in a trade show with all the Ohhs and Ahhhs. This is usually fine for average home user because they are impulse buyers and defiantly don't have a long term IT Strategy in mind. But many corporations do have an IT strategy and many other should get them (but that is an other topic) And by the time Apple releases a new product it is out of date when a company chooses to buy it. I am sure Apple would get better School, Government and Corprate buyers if they wern't so secret about everything. I am not talking about giving every single spec. But information like Flat Screen iMac (can fit in 1/2 square foot of desk space, with G5 Processor expected release Fall 2004, Or New Powermac 2x faster then old model expected release 2005. Information like this can help businesses who want apple have the ability to choose them on time so while they are in development they can make choices to buy it. IBM does it, Sun Does it, Microsoft Does it. Sure you not as surprised when it comes out but you may have already got the pre-orders in.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  14. Re:Apple obviously dislikes the First Amendment by l4m3z0r · · Score: 3, Insightful
    At the risk of being moderated redundant, ill reply by saying Apple is going after people who violated an NDA. An NDA could be said to waive your first amendment rights willingly in exchange for a sneak peak at software, development snap shots, source code, whatever.

    Sorry MS fanboys, you can't brand Apple evil yet in retaliation for tarnishing the good name of M$, they are doing something they should and have every right to do.

  15. Re:Well, that's a nice way of treating your fans by numark · · Score: 3, Insightful

    Except they're not suing their own fans. They're suing someone who is likely from inside the company for leaking information. After all, how could any Average Joe find out such detailed information? It's obvious that the person who leaked the device was someone inside Apple, and anyone with that kind of access would have signed an NDA. It's simple breach of contract. They're merely serving subpoenas to rumor sites in order to get information on who the person might be. They're not suing any sites, just compelling them to release information about who the person might be. An employee becomes a real liability to the company when they start leaking pre-released device specifications to Internet sites, and who knows that he/she won't do it again with a bigger product?

    --
    Want Slashdot headlines on your site? Try SlashHead
  16. Re:Who cares!? They act like a bunch of babies.. by Johnathon_Dough · · Score: 2, Insightful
    I work in a building where apple product images are worked on, in another department, in a locked room. And even though I have no access to said room, I have to sign an NDA, just on the off chance someone will mess up, leave something where I could happen to see it. Yes even our receptionist and janitor has to sign. A new one for every project that comes in. Apple takes their security VERY seriousley with it's vendors. Spot checks, building requirements (relating to those locked doors) and other stuff. So I would say there is an extremely good chance that an NDA was involved. Even if it wasn't by the person who actually leaked it, whom ever gave the leak the info had signed one.

    From my point of view I hope they find out who did it. Apple pays our company alot of money for our work, and part of that higher price is the reasonable assumption that we will not "leak" their products. And in the grand scheme of things the rest of the world knowing about whatver the next Apple Thing-a-ma-bob (TM) is or keeping my job there is no contest.

    --
    If you are one in a million, then there are six thousand people who are just like you.
  17. Re:Who cares!? They act like a bunch of babies.. by pclminion · · Score: 2, Insightful
    It wouldn't be an issue if Apple was more open. But they are closed. Closed Hardware. Closed OS. Closed minds..

    So anybody who doesn't operate in the way you think they should is closed minded? I wonder who has the closed mind here...

  18. Re:I don't know about the rest of you... by pclminion · · Score: 3, Insightful
    When will these companies stop with the lawsuits!

    Yeah! The NDA the perpetrator signed? Pointless! Why enforce contracts?

    Hell, this idea is so compelling I think I'll stop paying my mortgage! Contracts mean nothing! Yeeehaw!

  19. Journalistic sources... by Dr.+Zowie · · Score: 3, Insightful

    Subpoenas of source information at all levels of the journalistic hierarchy are causing trouble, lately. Even the New York Times has a couple of reporters in jail for not revealing their sources for stories on the Plame affair (remember, when one of the crooks in the White House illegally outed a deep-cover CIA agent in retribution for whistleblowing by her husband...).

    It'll be interesting to see whether OPP, AI, and TS will stand their ground as firmly as the NYT did, or whether they roll over for the courts.