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Think Secret's Nick dePlume Revealed

Nick dePlume has a name, after all. Apple filed a lawsuit against the pseudonymous founder and editor of Think Secret, who correctly predicted two just-announced Apple products and has been the subject of several cease-and-desist letters from Apple in the past; dePlume's identity has now been revealed. Reader willibeast writes "The Harvard Crimson reports that 'Apple Computer, Inc. is suing a Harvard undergraduate who runs a popular Mac information website for disclosing details about unreleased Apple products, including two unveiled at this week's Macworld conference. Nineteen-year-old Nicholas M. Ciarelli '08, known on the internet as Nick dePlume, has run the site, thinksecret.com, since age 13.'"

38 of 621 comments (clear)

  1. Is Apple Serious? by fembots · · Score: 5, Funny

    Well, Nick dePlume will have to find out via his website contact page, which offers tipsters "complete anonymity," and urges visitors to submit "news tips" and "insider information".

    Who knows? Maybe he'll get another insider tip reassuring him that Jobs was quoted as saying "Just pull a lawsuit stunt to scare the shit of this kid, bwahahaha."

    1. Re:Is Apple Serious? by Anonymous Coward · · Score: 5, Insightful

      There is nothing wrong with this. He isn't the one violating any laws. He never signed an NDA. Matt Drudge does this exact same thing, if you look at the news submission box in the lower right of drudgereport.com.

    2. Re:Is Apple Serious? by TheViffer · · Score: 5, Insightful

      Pretty much what I think it is also. But its not like Nick will have too much of a problem finding a lawyer or two that will do this pro bono. I would think there is one or two .. or huge boat loads of lawyers or soon to be lawyers running around Harvard. Great second semester assignment if you ask me. Would be fun to walk into a court room with 50+ lawyers.

      --
      -- Knowing too much can get you killed, but knowing who knows too much can make you rich.
    3. Re:Is Apple Serious? by ucblockhead · · Score: 3, Insightful

      Saying "Hey, can you tell me what Apple's working on!" to an Apple employee is not "industrial espionage" just because he decides to tell you.

      --
      The cake is a pie
  2. Why Nick and not the informant? by Gr33nNight · · Score: 5, Insightful

    What Apple should be doing is finding out who is suppling Nick with this information. He isnt just pulling this stuff out of his ass.

    1. Re:Why Nick and not the informant? by rmccann · · Score: 3, Informative

      The threat of a big lawsuit can make one forget how much one cares about the anonymity of submitters.

    2. Re:Why Nick and not the informant? by Ironsides · · Score: 4, Informative

      That's probably what they are trying to do. Only they basically need this guy to tell them who is supplying him with information and/or his server logs. Seeing as how he says he will offer complete anonymity, i don't think he will tell apple willingly. Thus, their only real chance is to sue him to get a court order ordering him to turn over the names of the people violating the NDA (Non-Disclosure Agreement)

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    3. Re:Why Nick and not the informant? by grahamsz · · Score: 3, Insightful

      This of course assumes that he has that information.

      There are ways to not keep records on that kind of thing.. and i'd hope he's set up that way.

    4. Re:Why Nick and not the informant? by slashnutt · · Score: 5, Insightful

      Apple's lawsuit alleges that Think Secret is illegally soliciting Apple employees to violate confidentiality agreements and disclosing that information online without Apple's permission.

      The core problem is that any information your employee tells me is free for me to use. Social engineering has to be thwarted by educating Apple's employees just like some government employees. If you divulge secret information owned by the government you go to jail; you divulge company secrets you get fired or if you have an agreement to work for the company it could have a damages clause forcing you to pay compensations. Case closed

      "I employ the same legal newsgathering practices used by any other journalist," he wrote. "I talk to sources of information, investigate tips, follow up on leads, and corroborate details. I believe these practices are reflected in Think Secret's track record."

      Based on the little evidence I have been given, I see no legal stance from Apple that will hold up in court.

    5. Re:Why Nick and not the informant? by Dorsai42 · · Score: 3, Insightful

      Actually what Apple is doing is making this guy famous, useful stuff when looking for a job after college.

      --
      If you forget about the future, the future will forget about you.
    6. Re:Why Nick and not the informant? by lpret · · Score: 3, Insightful

      What if he never knows the identity of his submitters? He cannot be held liable for not knowing his sources.

      --
      This is my digital signature. 10011011001
    7. Re:Why Nick and not the informant? by thogard · · Score: 4, Insightful

      The problem is unreleased stuff isn't a "Trade Secret". A trade secret is something that is patentable but the company chooses not to patent it because they think they can hide it from their competitors. New products that are going to be released a few weeks don't fit into that.

      Apple spent the money on the 1st round of this suit because it may lead to the insider who released the info. I expect that it might have been released by someone in marketing that knows that a trade show is a nasty place to release new stuff because the only ones watching are your loyal customers. Preaching to the choir doesn't bring in converts and their new products purpose is just that. This leak got many more people to watch the announcements and that will help Apples Sales.

    8. Re:Why Nick and not the informant? by Anonymous+Brave+Guy · · Score: 3, Insightful
      There are ways to not keep records on that kind of thing.. and i'd hope he's set up that way.

      That's his choice, just as a number of currently imprisoned investigative journalists chose to go to prison rather than reveal their sources. But they still went to prison.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  3. NDA by MrBlackBand · · Score: 4, Funny
    So did he sign an NDA with Apple? If not, then he has nothing to worry about. Except the massive legal fees of course.

    Oh wait.

    --
    "It is difficult to get a man to understand something when his salary depends upon his not understanding it."
  4. Evil, big monopoly Apple by Stanistani · · Score: 5, Insightful

    Great public relations coup, Mr. Jobs.

    Remember when you and the Woz were just kids in a garage?

    Apparently not...

  5. Widely known by BWJones · · Score: 4, Informative


    Aw, come on now. I was under the impression that Nick's identity has been widely known and documented over the years as Nick Ciarelli. After all, even in 2003, eweek had stories co-authored by Nick Ciarelli and Matthew Rothenburg.

    --
    Visit Jonesblog and say hello.
    1. Re:Widely known by stupidfoo · · Score: 4, Funny

      So, information that is over a year old and has been publically shown, is "revealed". Sounds like a perfect Slashdot article.

  6. The apple path to success by Safety+Cap · · Score: 3, Funny
    1. Insert several new products in the pipe, but release no substantial information about them.
    2. Stomp the hell out of people who really like your products when they release "premature" info even though they are really, really interested in your new products.
    3. ???
    4. Profit!!!
    --
    Yeah, right.
  7. Suing your own fans by atlantis191 · · Score: 5, Funny

    From the article:
    "Usually you would want to sue your enemies and not your friends," said Gary Fine, a Northwestern professor of sociology and expert on rumors. "I can't think of an instance in which a corporation would sue its own fans. I haven't heard anything like this."

    Hasn't this guy heard of the RIAA?

  8. Advantages in nanoseconds? by numbski · · Score: 4, Insightful

    Tell me, Apple (or rather article author even). You're worried about market advantage 'being measured in nanoseconds'.

    I can see no case where disclosing information a week early would do irreperable harm to the company.

    Sure, you could argue customers will hold off buying products if they know the next generation is around the corner, but I tell ya....you're an idiot to buy ANY Apple products directly before a MacWorld expo.

    If you're going to buy, you buy directly after an upgrade. Or at least wait until the next expo comes around.

    So far as the competition...sure, I suppose a Dell or an HP could counter the MacMini, or the iPod Shuffle or whatnot, but really.

    I can't help but think Apple is suing over an issue of pride. They want to know who the leak is, so they're going after the person posting the information from the leak(s).

    That being said: I hate lawsuits. Period. :(

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

    1. Re:Advantages in nanoseconds? by rtm1 · · Score: 3, Insightful

      I can see no case where disclosing information a week early would do irreperable harm to the company.

      It's about their stock price, not so much about lost sales or competition or anything. Apple's stock price is driven as much by company performance as it is by people's expectations. If Jobs goes on stage and introduces a couple of unexpected products that are really cool then people get all excited, lots of good press and buzz comes up, Apple's share price goes up, and Apple gets lots of free marketing from people talking about this new and totally unexpected thing. If people know in advance what Jobs is going to say, and Jobs delivers exactly what people expect then the reaction is more muted. Apple gets less buzz and less press, people don't talk as much, don't pay as much attention, and Apple's share price doesn't go up (or even goes down, sometimes).

      I can think of a few Expos where Jobs didn't meet people's expectations, or where people were expecting more than what was delivered, and people come out of it feeling negative - even when the announcements are pretty great. But do you remember when Jobs brought out the iMac? "Oh yeah, one more thing" got just as much ink as the actual product. So it's all about delivering against peoples expectations - if people have no expectations then Apple appears to be over-delivering when they announce new products, and people talk and are happy and positive - if people have really high expectations then Apple is perceived to be under-performing when the actual announcements are made, and people talk about what Apple 'should do' and about how Apple is 'missing the target' and about how it 'could be much better' and everybody is kind of down and negative. All of this affects Apple's stock price - it affects analyst perceptions (and ratings), it affects journalists who write about tech, etc.

      I hate lawsuits too, and don't necessarily agree with Apple in this instance, but so much at Apple rides on how Jobs is seen to perform at these expos - taking the wind out of his sails does materially affect the company.

      --
      "Belief means not wanting to know what is true." [Nietzche, The Anti-Christ, 1889]
  9. In Today's news by Solr_Flare · · Score: 5, Funny

    A man who has been predicting the end of world was issued a cease and desist order today. The world rejoiced at the threat to humanity being ended. In other news, the government has begun issuing cease and desist orders to individuals predicting war, famine, plague, and other such sundries as part of their "early prevention system"

    --
    You are who you are, let no one tell you different. But, never close your mind to a new point of view.
  10. "Induced"?!? by StevenHenderson · · Score: 4, Insightful
    Apple claims that Ciarelli and his company, The dePlume Organization, broke the law when soliciting insider tips online from anonymous sources, "inducing" Apple employees to break their confidentiality agreements with the company.

    How did he induce these people to provide tips? It is not like a college undergrad is going to pay people off. Apple really contradicts themselves when later they blame the ability of people to place "anonymous" tips on his website. Doesn't sound like they are being "induced" but rather lured by the option to remain anonymous.

    True, I think it is wrong that employees are violating their C.A.'s, but it is not Ciarelli's fault. Find the employees that do it, and fire them. Don't go after a kid that discovers where you leak...

  11. "Apple Computer": A Ridiculous LIberal Myth by Anonymous Coward · · Score: 5, Funny

    For years, liberals and pinkos have rattled on and on about supposedly "superior" computers produced by the California lefties at Apple Computer. I will explain why this company is nothing more than a front for the International Communist Conspiracy, aided and abetted by their liberal fellow-travelers in the American computer community.

    This so-called "company" was founded by a pair of dope-smoking phone service thieves from Berkeley, a hotbed of Communist activity even today. "Apple Computer" supposedly went on to pioneer a graphical interface - actually developed by the good American patriots at Xerox - and develop its own hardware monopoly, just as its Communist creators would impose a state monopoly on all computer-using Americans.

    For a short time, this Red front tried to infiltrate the American business community by facetiously engaging in free trade practices, but this only served to disillusion its enthralled socialist followers who complained about a supposed drop in quality. What they really couldn't stand, like all liberals, was choice and capitalism. They only returned to "Apple" when it returned to its old crypto-Stalinist practices.

    "Apple Computer" is nothing more than a liberal-backed fifth column intended to subvert the American computer industry, and ultimately bankrupt good capitalist companies such as Microsoft and Intel. "Apple" isn't the only front group run by the International Communist Conspiracy. "Sun Microsystems" engages in similar monopolistic practices, trying to enforce a single hardware and software standard on all users, instead of the choices offered by Microsoft. Worst of all are the smaller Red fronts using the communist Linux operating system, with names like "Mandrake" (a French front, of course), and even really obvious ones like Red Hat! Linux is distributed under a Commie license that forces developers to give away the fruits of their labour, just as Marx ordered all good Communists to work as much as they could for a pittance in return in an illusory equal society.

    All of these so-called companies are just fronts for Communists and liberal fellow-travellers. Remember, when you buy Apple or download Linux, you're supporting Communism. Good Americans support real freedom-loving businesses like Microsoft, SCO, and AMD.

    Laugh at me now, remember me later when you're all forced to used slow computers with horrid, fruity interfaces foisted upon an enslaved public by the commissars who used to fester in American business under the liberal myth that they were an independent company that loved capitalism called Apple Computer.

  12. Re:NDA - Bzzzt by HogGeek · · Score: 4, Informative
    FTFA -

    ""California is one of approximately 44 or 45 states that have adopted [the] Uniform Trade Secrets Act. That statute makes it wrongful to acquire or publish without authorization information you know or have a reasonable basis to know is a trade secret of another," Milgrim said."

  13. Big Brother Apple by nharmon · · Score: 4, Funny

    I envision a commercial where a Linux pengiun is running from a bunch of long-hair hippies in business suits. The pengiun escapes into a building and throws a sledgehammer at a screen showing a big Apple logo.

  14. Not quite accurate? by PCM2 · · Score: 4, Informative

    The article says Apple is suing 19-year-old Nick Ciarelli. But surely they are actually suing The DePlume Organization, LLC, the limited-liability corporation that claims copyright to everything on the site? It seems unlikely that Ciarelli himself will suffer financial liability for this.

    --
    Breakfast served all day!
  15. Re:I'm a little stunned, but here's the "other" fa by j.bellone · · Score: 3, Insightful

    Yeah; because everything on that website is wrong. It seems that even if his information is negative that it still turned out to be true. Doesn't that mean something? Oh; that's right; Apple Zealots - my bad.

    Seriously though; if someone is going to feed you information you have the right to do what you wish to it. If Microsoft was in this position this website would be all over it; screaming about how a they are going after the little guy. But when Apple comes into the picture, they get some kind of negative force-field aura that dispells all the bad (and true) information about them.

    --
    I'm f#$king magic!
  16. Re:Dear Apple... by 2nd+Post! · · Score: 5, Insightful

    Get your priorities straight QuantumG.

    If you want to complain about what Apple is doing, restricting free speech is the wrong target. Apple is protecting itself, legally, forthrightly, and up front, according to the law.

    Someone violated an NDA to tell Nick DePlume these 'trade secrets'.

    Apple is trying to get out of Nick DePlume the identities of those who violated those NDAs.

    To put it abstractly, Apple and a third party signed a contract. Said third party violated the contract without Apple's knowledge. Apple finds out about the violation from Nick DePlume. Apple then tries to find out from Nick DePlume who violated the contract.

    If there is anything scummy in what Apple is doing, it's in not being gentler and more friendly towards 19 year old Nick, but that's not what you're complaining about.

  17. Re:NDA - Bzzzt by gl4ss · · Score: 4, Insightful

    so wait a second..
    i'll post my OWN trade secret to some guys mailing list and then I can sue him in the states? wtf you need patents for when you have such more powerful tool in your portfolio then, why bother patenting anything when you can just say that it's your trade secret and forbid anyone from talking about it?

    someone 'published' the information to him - or are all the websites that reported on this quilty? would slashdot be quilty if i posted my own trade secrets on slashdot?

    or maybe he'll just say that he pulled it out of his ass and say that "look, i've made so many predictions that at least once in 10 years i'm going to be right about something".

    --
    world was created 5 seconds before this post as it is.
  18. Too much credit; He didn't "predict" anything. by ivan256 · · Score: 3

    All he did was pass on information that was passed on to him from an insider in violation of that person's contract. You can hardly call what he did "prediction." Really he just passed on information that somebody else had given him. No educated analysis required.

    Not only that, but Apple probably wouldn't be giving him such a hard time if he'd tell them who leaked the information to him.

  19. Reading financial news sites gives me perspective by amichalo · · Score: 3, Insightful

    There are many financial news websites posting articles about Mac mini and iPod Shuffle. After reading them, I can better understand just WHY Apple took the action it did against Think Secret.

    In summary, the articles stated that the stock price of Apple ran up more than 7% in the days preceeding Mac World in anticipation of the leaked rumors of a $500 Mac and a flash iPod. Further, the stock dropped about 6% during the key note primarily because Apple sold "only" 4.5 million iPods. More than the 4 million many analysts predicted, but less than the 4.6 and 4.8 million other analysts had.

    Now, if the share price of Apple can drop 6% because the wildly sucessful iPod "only" clobbered-the-shit (technical term) out of the competition versus some analysts estimating it would clobber-the-ever-lovin-shit, imagine what would have happened if Apple had NOT released the said rumored products.

    Further, imagine how big the POSITIVE impact would have been if the Mac mini had remained a secret until Jobs' announcement.

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  20. Re:NDA - Bzzzt by dillon_rinker · · Score: 4

    $50 says that Apple had plans BEFORE these "secrets" were published to announce them at MacWorld. So the judge is going to look at this and wonder why, if it's such a secret, they announced it to the largest gathering of journalists, developers, and customers in the world.

    I suspect Apple may win their suit and be awarded $1 in damages. If Nick's smart enough to file a countersuit, he's liable to win and be awarded $1 in damages and attorney's fees.

  21. Re:Mac the knife by MatthewRothenberg · · Score: 5, Informative
    >> (It was a whole bunch of people on the Mac Week staff.)

    Actually, no. "A whole bunch" is a major overstatement.

    Just saying ...

    Matthew Rothenberg
    Executive editor
    Ziff Davis Internet
    MacWEEK alum 1989-2000

  22. Re:NDA - Bzzzt by ivan256 · · Score: 4, Insightful

    would slashdot be [g]uilty if i posted my own trade secrets on slashdot?

    If you divulge your own trade secret it is no longer a trade secret. If you divulge somebody else's trade secret you've broken the law. This entire situation is dependant on the assumption that the informant who sent the trade secret to Think Secret was not authorized to divulge the information. If that isn't the case, neither the informant nor Think Secret has done anything wrong. It would be pretty hard to prove either way...

  23. It's all fun and games... by SuperKendall · · Score: 4, Funny

    ...until somebody looses an i.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  24. Re:Dear Apple... by NormalVisual · · Score: 4, Insightful

    And the idea that a journalist can be ordered to reveal his source of information is against the first ammendment.

    Is it now? Where specifically in the First Amendment does it mention anything about journalists protecting sources? The First Amendment proscribes government interference with the freedom of the press - it does not give the press a magic pass to avoid any and all consequences of something they may report. According to your reasoning, if I publish your entire credit and medical history online, I should be able to do so without any fear of repercussions, and furthermore it would be your fault for not protecting your information better. Give me a break.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  25. Re:Waitaminute... by FireBreathingDog · · Score: 4, Insightful
    Let me get this straight... Microsoft prematurely releases details of their products and grabs marketshare as a result. Apple sues everyone who talks about their products before the official unveiling. I've been a Machead for over ten years, but I think Apple could learn something from the boys in Redmond on this one.

    Whether pre-announcing a product is to a company's advantage largely depends on that company's position in the marketplace. Microsoft now pre-announces products because doing so tends to "freeze the market", because companies will often hold off on buying an existing third-party product that Microsoft will be shipping "real soon now". Microsoft often uses pre-announcements as a form of FUD to solidify their market position.

    A company in Apple's position has a different calculation to make. Certain pre-announcements are just going to tell companies with greater resources (like Microsoft) what innovations they should start copying.

    Companies that aren't the market leader will often play their cards close to the vest, just so their bigger competitors don't figure out a strategy to beat their hand. When Microsoft was a small shop, they weren't crowing from the rooftops about Windows 1.0 months before it was released. It wouldn't have been to their advantage, because they didn't have the dominance they do now. Things have changed.