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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.

30 of 251 comments (clear)

  1. No Story Here by RazzleFrog · · Score: 5, Informative

    I am the last person to defend Apple but this is such a non-story. They are not suing these sites. They obviously caught somebody who signed an NDA leaking information and are suing them. These sites are receiving subpoenas because they may be able to verify the identity of said person.

    1. 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.
    2. Re:No Story Here by RazzleFrog · · Score: 4, Informative

      Not only that but you cannot be subpoenaed in a case against you anyway. A subpoena by nature is a court order to testify and thanks to the Fifth Amendment you cannot be compelled to testify against yourself.

    3. Re:No Story Here by Ohreally_factor · · Score: 3, Informative
      The first amendment is often overlooked in our hurry to get to the second amendment. I do it all the time.

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


      This should effectively prevent congress from enacting a law that would make it illegal to refuse to name a source. You'll note that when a reporter is punished by a court for such a refusal, he is done so based on contempt of court, not for breaking any law.

      Admittedly, it's a complicated issue. We want the courts to have the power to compel testimony but we also want the press to be able to do it's job.

      An interesting link on the matter, especially in regards to Branzburg v. Hayes, where the Supreme Court ruled that a Grand Jury investigation could compel such testimony. Also note footnote 187, which says that over half of the states have enacted reporter shield laws.
      --
      It's not offtopic, dumbass. It's orthogonal.
  2. Hmmm by elid · · Score: 3, Funny

    Are you sure it wasn't a secret graphing calculator app???

  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:difference from news by amichalo · · Score: 4, Informative

    Apple is not suing those three sites, they are getting those sites to give the sources and unpublished details they have on the Asteroid rumor so they can sue the informant.

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  5. Re:Read all about it! by Saxton · · Score: 5, Funny

    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?

    This is all part of Apple's Product Cycle. Surprised it's even news. ;-)

    -Aaron

    --
    My name is Aaron Landry, and I approve this message.
  6. Re:Asteroid! by Kaimelar · · Score: 5, Informative

    What is GrangeBand? Some kind of audio editing software?

    GarageBand is the audio editing/music creation application now included as part of the iLife suite of apps (along with iTunes, iDVD, etc.)

    More info at http://www.apple.com/ilife/garageband/

  7. 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
  8. 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.
  9. 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>

  10. 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.

  11. 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).

  12. I don't know about the rest of you... by sutterpants · · Score: 5, Funny

    ... but I am really sick of hearing about lawsuits. Period. I understand the need to protect brand equity, and can even see the justification for protecting your "IP," but honestly. When will these companies stop with the lawsuits!

    New Year's resolution: not buying anything from anybody filing "stunt" (Apple) or "business model" (SCO) lawsuits. I would much rather these execs just took each other out behind the woodshed, beat the crap out of each other, shook hands, drank a beer, and got on with some, oh, I don't know, INNOVATION!

    Overly litigious people/companies make me sick.

    1. 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."
    2. 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.

    3. 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!

  13. How will they track him down? by Patik · · Score: 3, Funny
    The subpoenas are related to a lawsuit against an unnamed individual who leaked the information.
    How are they going to find him if he doesn't have a name!?
  14. Also suing over leaked Tiger developer builds by kekeruusperi · · Score: 5, Informative

    They've also sued three ADC members who were distributing developer builds of Mac OS X Tiger via BitTorrent.
    Details here and here.

    Nothing spectacular here, since besides the obvious copyright infringement, the developer builds are released under NDA.

  15. And? by EspressoMachine · · Score: 3, Informative


    You can buy a digidesign Mbox factory package for $550. It comes with ProTools LE (the only real limit - practically speaking - is record/playback of 32 simultaneous tracks) and a crapload of really good plug-ins. And the Focus Rite mic pres are pretty nice.

    I know that sounds like a commercial, but I actually own one. And I love it. My question is can Apple really compete with that? I mean, ProTools is the industry standard for digital audio recording and editing for a reason.

    Then again, I suppose any "musician" who buys Garage Band isn't exactly looking to take their tracks to a real engineer or shop their creation around to record companies, and more than "graphic artists" who use MS Paint would take their creations to a printing press.

    --
    Despite conventional wisdom, I've discovered you can blame a guy for trying. It's called "attempted murder".
  16. Cool, a FireWire audio interface!!! by Anita+Coney · · Score: 3, Funny

    A firewire device for musicians. What a great idea. That's Apple for you, always on the forefront of new technology.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Cool, a FireWire audio interface!!! by 2nd+Post! · · Score: 3, Informative

      Well, don't forget their harddrive mp3 player.

      Apple doesn't have to be first (though they sometimes are), Apple wants to be the best (and sometimes they are at that, too).

  17. 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.

  18. 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
  19. 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.

  20. Right is still wrong? by 99BottlesOfBeerInMyF · · Score: 4, Interesting

    It's funny, Apple did everything right in this case. They filed a john doe lawsuit, then subpoenaed the web sites for information of their informant. If you had someone sign an NDA then showed them your top-secret project, would you do any less? I can see news sites refusing to answer the subpoenas as a matter of journalistic integrity in the case of a whistle blower, but this is not a case of wrongdoing, just a simple contract dispute. Despite doing everything above board here, half the posts are still criticizing Apple for trying to enforce their contracts. They did not threaten the web sites, one of which MS did just last week. They did not file any lawsuits against the web sites. What more could you ask?

  21. 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
  22. 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.

  23. Re:Read all about it! by mr100percent · · Score: 3, Interesting

    Apple was the first manufacturer to have built-in 802.11 wireless (iBooks, Fall 1999). Everyone else had external antennas. It took Dell over a year to have built-in wireless, and by that time, all of Apple's desktops and portables had built-in wireless.