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Is Blogging Journalism?

An anonymous reader writes "In the wake of the judge's refusal to extend journalist protections to Think Secret in its case against Apple, the Net is abuzz with commentaries coming to its defense. MacInTouch points to three of them, from CNET's Declan McCullagh, MP3 Newswire's Richard Menta and grassroots journalism pundit Dan Gillmor. All agree that Apple went too far with its case and question the court's decision that Web journalists don't count."

556 comments

  1. Definately by gimpynerd · · Score: 4, Insightful

    Considering how much research that some people put into their blogs I would definately consider it a form of journalism.

    1. Re:Definately by Anonymous Coward · · Score: 5, Insightful

      Why not the oposite? Considering how little research that most people put into their blogs I would definitely not consider it a form of journalism.

      Wait. Journalists still research their articles?

    2. Re:Definately by useosx · · Score: 1

      Speaking of the blogging experts circle, this is funny and semi-relevant.

    3. Re:Definately by gimpynerd · · Score: 5, Interesting

      It seems to me that while most people don't research their blogs there are some that do.

      The same is true for journalists...most are rather crappy but the precious few that do their job well are those who define their job field.

      In this way bloggers are in fact journalists, albeit unpaid, just some are better than others.

    4. Re:Definately by LurkerXXX · · Score: 5, Insightful
      Yup.

      Is the New York Times journalism? Yep. (usually at least ;)

      Is the Star paper that you can pick up in your supermaket journalism? No.

      Both are on paper media. The media has nothing to do with it. It's all about the quality.

      99% of blogs are crap, but there are certain ones that I would say certainly are journalism.

    5. Re:Definately by BWJones · · Score: 1

      It is not just about reporting news items. Most blogs are forums for personal opinion, like mine. However, I have also used it for publishing reviews that some folks do find interesting and for the occasional news item. The interesting thing is that through my blog I have received a number of inquiries from traditional journalists looking for information that runs the gamut from Macintosh stuff, to vision research to the latest inquiries on my article discussing the latest Newsweek cover. This is the revolutionary thing about blogs, right? They can encompass a tremendous amount of information that is available via the Internet that allows for the dissemination of information. If you recall, this was one of the original purposes for the Internet, as I recall folks talking about the liberties allowed when one can publish without having to go through the normal hierarchy that limits what gets heard. It is a revolution.

      --
      Visit Jonesblog and say hello.
    6. Re:Definately by KillboyPHD · · Score: 5, Insightful

      "Is the New York Times journalism? Yep. (usually at least ;)

      Is the Star paper that you can pick up in your supermaket journalism? No.

      Both are on paper media. The media has nothing to do with it. It's all about the quality."


      To add to you point:

      I've seen many comments here and in TFAs to the effect of, "What if the New York Times had published those leaks? There'd be no lawsuit."

      That's disinginous at best and stupid at worst. The New York Times would never had published the leak. An editor would have asked the reporter who their source was, and if it was an Apple insider, would have asked if the insider was covered by an NDA.

      That's because the New York Times actually engages in journalism.

      --
      Bah weep granah, weep ninny bong!
    7. Re:Definately by Anonymous+Custard · · Score: 2, Interesting

      I consider blog writers who don't do much research to be like opinion columnists in a newspaper.

      Are opinion columnists considered journalists?

    8. Re:Definately by gimpynerd · · Score: 1

      Journalism is almost always slanted by personal opinion. I have yet to see journalism without some form of bias.

    9. Re:Definately by nuckin+futs · · Score: 2, Insightful

      Considering how much research that some people put into their blogs I would definately consider it a form of journalism.

      what about the ones who just complains and spread FUD on their blogs? where do you draw the line on what is journalism and what isn't? for every research proving anything, there's always a research questioning the validity of it.

    10. Re:Definately by gimpynerd · · Score: 2, Insightful

      Most definately a good point, but who is to decide whether or not some did their research? It seems to me a lot of "jounalists" don't research their strories half as well as some bloggers.

    11. Re:Definately by the+pickle · · Score: 2, Insightful

      Is the Star paper that you can pick up in your supermaket journalism?

      Sure it is. Quality has nothing to do with intent. Just because the Star is tabloid trash doesn't make it any less a member of the press.

      p

    12. Re:Definately by gimpynerd · · Score: 1

      But who is to decide whether said "journalism" is valid or not? You? Do we need to have a separte government orginization just to assess to validity of journalism?

    13. Re:Definately by snwcrash · · Score: 3, Insightful

      Newspapers do decide to publish information that is in violation of contracts and laws and that type of thing. Think about whistleblowers. Many of them would probably have a contractual obligation not to reveal information to the media, yet newspapers are able to treat them as confidential sources.

      I don't think the ethics of a particular publisher distinguishes it as a journalist. Censorship starts when you try to split hairs over what is good journalism and what is bad, and therefore unprotected.

      --
      Save a life, sign your organ donor card.
    14. Re:Definately by sgant · · Score: 1

      Well, I can't see how these blogs are not protected like any other form.

      I mean, when someone brings up the Drudge Report, most don't question if he's a reporter or not anymore...when in fact when you look at everything, the Drudge Report is nothing but a blog. It was a blog when it started, it's a blog now.

      So since this thing was ruled on I guess The Drudge Report will also suffer the same fate and not be protected either. I would expect to start seeing it brought in front of a judge soon too.

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    15. Re:Definately by Anonymous Coward · · Score: 0

      That my be what you consider journalism, but it's not what I consider it to be. I believe in the first amendment and that keeping secrets, any secrets, is bad for democracy and the free market. I also think the New York Times would publish it if it was new worthy, even if it was a trade secret. They've done it before.

    16. Re:Definately by nuckin+futs · · Score: 2, Interesting

      good question. in the scientific world, there's always the "scientific community" who proves, disproves and defend one's finding.
      maybe the professional journalists' community should do the same thing.

    17. Re:Definately by 0m3gaMan · · Score: 2


      No.

      Blogging is not journalism. Please stop asking.

      While useful in it's own right, the lack of copy-editing and fact checking--to name just two issues--makes blogging, at best, and outlet for editorializing.

    18. Re:Definately by black+mariah · · Score: 1, Informative
      Think about whistleblowers.
      There are laws that protect people that expose illegal activities in the company they work for. There are no protections for revealing completely legal trade secrets. Get your head out of your ass.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    19. Re:Definately by lgw · · Score: 1

      Both are on paper media. The media has nothing to do with it. It's all about the quality.

      Any publication supportive of Those In Power is high quality, and therefore journalism, and therefore gets protection for its sources. Any publication critical of Those In Power clearly lacks the quality to be considered journalism, and the sources must therefore be revealed for reeducation. This system is used by quite a few governments.

      Is there a way to avoid a subjective decision about what's journalism? "Quality" is hard to objectify, where media is a simple objective test (albiet a silly one).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    20. Re:Definately by Capt'n+Hector · · Score: 1

      Quality is subjective. => the courts MUST give all freedoms allowed to "journalists" to anybody wishing to publish information, because that person then becomes a journalist in the most basic sense. "Freedom of the press" means just that: my freedom to distribute pamplets, periodicals, etc. You're right, the media doesn't matter. I however contend that the quality doesn't matter either.

      --
      Quid festinatio swallonis est aetherfuga inonusti?
      Africus aut Europaeus?
    21. Re:Definately by Anonymous Coward · · Score: 0

      That my be what you consider journalism, but it's not what I consider it to be. I believe in the first amendment and that keeping secrets, any secrets, is bad for democracy and the free market. I also think the New York Times would publish it if it was new worthy, even if it was a trade secret. They've done it before.

      Keeping secrets is bad? Well then, out with your SSN, mother's maiden name, bank account numbers, passwords, and all the stuff you've done in your life that would make your face turn red if anyone ever found out.

      Thanks.

    22. Re:Definately by Anonymous+Custard · · Score: 2, Insightful

      I know what you mean... I guess my comment assumes that you can determine who does research and who doesn't. Usually you can tell by comparing your own research to the other person's. If it's way off, then either you've missed something or the person is just making stuff up.

      Some sites do just this, such as mediamatters (clearly targets conservatives, but importantly only those that deserve it because they didn't do their research :-) )

      Sort of offtopic but found this...
      Can anyone explain to me the point of this media research center article: 'Targeted' Reporter Works for Communist Paper. It complains that the media is hiding the fact that that italian reporter who just got freed in Iraq but then got shot at by US troops actually works for a communist newspaper. Does that make it okay to shoot at her convoy or something? I just don't know the point of the article... Why didn't they mention if she was from north or south italy, hmmm? Or if she prefers fetuccini or capellini? What is the relevance of her political philosophy?

      It seems the MRC expects people to think "well, I'm mad that the US shot at a convoy, but because I know she's a red commie bastard, I instead support what the troops did".

    23. Re:Definately by poofyhairguy82 · · Score: 1
      Are opinion columnists considered journalists?

      Yes. I work as an editorialist, and at my job the motto is that "your a journalist first, and an editorialist second."

      Often for my columns I do more research than regular journalists do. The only difference between me and writers on other pages is that they must not blatently express their opinions so that sources don't want to give them future info (for example, I bet Ann Coulter won't talk to a NYTimes writer of any flavor- not that I'd want to talk to that superbitch or nothing).

    24. Re:Definately by lgw · · Score: 1

      Well, "some form" of bias is pretty broad, but advocacy journalism should be distinguished from outlets that attempt balance.

      The PBS News Hour format is excellent for balance: when discussing any controversial subject, bring together experts from either side and ask them what they think about the arguments each presents. The reporter isn't there to express any opionion on the subject at all, and while there might be some bias in the selection of representatives, the News Hour proves it can be done well.

      There's no *requirement* for journalism to be slanted by personal opinion, as long as the jounalist remembers what I learned in middle school journalism class: no one cares what you think. It's journalism that tries to present a single condensed view of a subject that's prone to bias. Allowing each side to present their views (and identifying the interest of each speaker) works fine for balance.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    25. Re:Definately by Anonymous Coward · · Score: 0

      It is so that people can understand a possible reason why her story contradicts the report of the American soldiers

    26. Re:Definately by KillboyPHD · · Score: 1

      "Newspapers do decide to publish information that is in violation of contracts and laws and that type of thing. Think about whistleblowers. Many of them would probably have a contractual obligation not to reveal information to the media, yet newspapers are able to treat them as confidential sources."

      Sure, but in those cases, the whistleblowers were informing the public of corporate shennanigans, or an overwhelming public interest. (Distinct from whatever it is that interests the public.)

      In this case, the only wrongdoing was on the part of the leaker, and under trade secret law, the part of the publisher. There was no public interest. And there's no way the New York Times would have published that story.

      --
      Bah weep granah, weep ninny bong!
    27. Re:Definately by bushidocoder · · Score: 1
      Disclaimer - I don't read much in the Mac world, so I don't know how credible their site normally was.

      What steams me up about the whole thing is, they got sued because they were right. They didn't invent a bogus story. They uncovered a piece of news that they later reported which happened to turn out to be absolutely true.

      If credibility and accuracy to the truth on the items they report on is the line we define for journalism, they met it. A very brief perusal of their news archive shows it to be pretty accurate, so what is burden they must meet in order to be considered journalism?

    28. Re:Definately by Anonymous Coward · · Score: 0

      OK, I never bark about this stuff, but what editorialist doesn't know enough grammar to spell "you're?"

    29. Re:Definately by freshman_a · · Score: 1


      The New York Times would never had published the leak. An editor would have asked the reporter who their source was...


      Actually, I dont think the NYT is a good example. Remeber Jayson Blair? Google if you don't. He's the NYT reporter who was caught plagerising and faking his reports for the NYT. Just because it's the NYT, doesn't mean it will research everything before it's printed. And while papers like the NYT have more credibility than blogs in most peoples' eyes (I assume), there are always exceptions. Just because it's from a blog doesn't mean it's an uneducated opinion, and just because it's from a newspaper read around the world doesn't mean it's cold hard fact.

    30. Re:Definately by Dasch · · Score: 1

      So because she's communist she's automatically a liar?

      Seriously...

    31. Re:Definately by Anonymous Coward · · Score: 0

      There was a whole lot of public interest in what Think Secret published. Think Secret does not tend to publish things on its website that don't generate public interest. You don't gather readership by publishing things of little public interest. Why are you in denial?

    32. Re:Definately by lukewarmfusion · · Score: 1

      Being a member of the press doesn't give you license to publish defamatory comments. That's much of the separation: journalistic ethics. Why not apply this to blogs as well? Some blogs obviously adhere to a code of ethics in their writing, while others do not.

    33. Re:Definately by KillboyPHD · · Score: 1

      "There was a whole lot of public interest in what Think Secret published. Think Secret does not tend to publish things on its website that don't generate public interest. You don't gather readership by publishing things of little public interest. Why are you in denial?"

      The details of movie stars' private lives seems to pique the public's interest. But that information is not "in the public interest." There is a big, big difference between "public interest" and "purient interest". "Public interest," as a concept, is that which affects the interests of the public at large. The small number of Apple investors, Apple customers, or Apple competitors does not "the public" make.

      --
      Bah weep granah, weep ninny bong!
    34. Re:Definately by Anonymous Coward · · Score: 0

      No... they Google them.

      Step 1: Google for what you want to write about.
      Step 2: Grab the info from the first five hits.
      Step 3: Remove any references to the sites.
      Step 4: Merge and rewrite the info.
      Step 5: Sign the article as yours.
      Step 6: Sell it to New York Times.

    35. Re:Definately by BloodSpite · · Score: 0

      Add to it that the White House is now recognizing bloggers by granting press passes and you have to wonder who carries more weight. The courts, or the white house http://www.usatoday.com/tech/news/2005-03-08-white house-blogger_x.htm

      --
      The truth does not change by our ability to stomach it -Flannery O'Conner
    36. Re:Definately by LurkerXXX · · Score: 4, Insightful
      They published trade secrets. That's not news.

      They weren't doing this for the public good. They were doing it to steal Apple's thunder.

      The good that they did was for Apples competitors. They let them know Apples trade secrets so that those competitors could now adjust their plans to out compete Apple.

      Just because something is factual, it doesn't make it news.

      I could publish your name, social security number, bank account number, credit card number, and pin number. As long as they are accurate, it's cool with you I give them to the whole world, right?

      No, because that is private infromation, the release of which does nothing for the public good. It only hurts the person who held it as personal information.

      Not every piece of information in the world is 'news' worthy of protection of the press.

    37. Re:Definately by techno-vampire · · Score: 1
      So because she's communist she's automatically a liar?

      No, of course not. However, she does have a built-in bias that may well be anti-US, and if so, we should take it into account. The question is, did she report what happened, or what her bias would have liked to have happened and I have no idea. I am skeptical about her account because of her politics, but I'm willing to believe that she's telling the truth if that's what the evidence shows.

      --
      Good, inexpensive web hosting
    38. Re:Definately by KillboyPHD · · Score: 1

      And while papers like the NYT have more credibility than blogs in most peoples' eyes (I assume), there are always exceptions. Just because it's from a blog doesn't mean it's an uneducated opinion, and just because it's from a newspaper read around the world doesn't mean it's cold hard fact.

      Exactly. The point of both the GP(mine) and the GGP was that "journalism" is identified by the act of performing "journalism". What Jason Blair did was not "journalism", and it's a shame that his "stories" were allowed to go to print. But to their credit the NYT eventually disavowed Blair and fired a his editors.

      --
      Bah weep granah, weep ninny bong!
    39. Re:Definately by KarmaMB84 · · Score: 1

      She doesn't agree with the system the US and its soldiers are trying to bring to Iraq maybe?

    40. Re:Definately by Anonymous Coward · · Score: 0

      Please get real. Using that argument, it's equally possible to believe that men who are trained to kill, among other folks, Communists, may have shot at one deliberately and without tacit approval or sufficient reason beyond politics. I don't think either scenario is very likely. More likely the driver got confused, and bad things happened. It's a war zone. The responsibility lies with, in no particular order: 50+ years of western imperialist support of middle eastern autocracies, autocrats, and George "I'm too stupid to understand why multilateralism is good for all involved" Bush.

    41. Re:Definately by Kergan · · Score: 1

      Err... I do not recall journalism was about dutifully repeating whatever crap public relation specialists hand over. And news has nothing to do with the public good.

      As far as I know, the news business is about revealing new, factual pieces of information to an audience that is interested by these facts.

      Sadly, this includes otherwise secret and private matters such as trade secrets and white house oral sex scandals where such an audience exists.

      As for whether there is a right to reveal news in the first place, that is an entirely different question. If anything, I'd guess this question will sprout during the legal debate.

    42. Re:Definately by techno-vampire · · Score: 1
      Please get real. Using that argument, it's equally possible to believe that men who are trained to kill, among other folks, Communists, may have shot at one deliberately and without tacit approval or sufficient reason beyond politics.

      Not only aren't American soldiers trained to kill Communists, they had no reason to know she was one at the time. They may or may not be telling all the truth about what happened; I don't know, but I'm reasonably certain her politics had nothing to do with the incident itself. As far as how she reported it, it may have influenced her story and that's the problem. Do you trust her to tell the truth about people she may hate? If so, you may be right. Not everybody with a bias lies to support it. All I was doing was pointing out the possibility.

      --
      Good, inexpensive web hosting
    43. Re:Definately by LurkerXXX · · Score: 1

      News does have to do with the public good. That's why our founding fathers wanted us to have a free press. Please read some history.

    44. Re:Definately by d34thm0nk3y · · Score: 1

      They published trade secrets. That's not news.

      I would say that by the definition of "news" and "trade secret" that it is news. Ethical, reasonable, whatever probably not, but it is news nonetheless.

    45. Re:Definately by zotz · · Score: 1

      The opposite? Wouldn't that be:

      Considering how little research that most people put into their blogs I would definitely consider it a form of journalism.

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    46. Re:Definately by stonecypher · · Score: 1

      Well, luckily for us, not everything which goes into print, be it here or on the web, is journalism. If I start writing pamphlets, even on newspaper print at newspaper scale at newspaper density, it's still not a newspaper, and therefore I don't magically gain rights that other people don't have - much like I can't cut someone open even if I'm in a hospital wearing scrubs.

      Much seemingly to Slashdot's surprise, journalism is a Real Profession (tm), with schools, extra laws, and a license. Until your blogger has a license and a degree, s/he isn't a journalist, even if he's rambling to people which will listen.

      Therefore, since there's law on the matter, it really doesn't matter what you consider. Read the reasoning for the judge's decision before deciding it's wrong, please; this has had precedent since two years after the country existed. There aren't many laws in this country as old as the one you're considering wrong.

      You aren't a journalist for picking up a pen. Go to school, get your license, and then and only then are you a special individual recieving special permissions.

      Mod parent down.

      --
      StoneCypher is Full of BS
    47. Re:Definately by circusnews · · Score: 4, Informative

      I run CircusNews.com. CircusNews.com runs on PHP-Nuke, aka blogging software.

      Is my website a blog or a news service?

      I like to think so. CircusNews.com is currently the most widely read news publication in the circus industry. Big Apple, Ringlings, Cirque and everyone else in the industry gladly issues us press passes when ever we ask. State and (in at least one major case) federal agencies have relied on our research and news reports over the years, not to mention the 50,000 readers we see a month. We are looking at licening AP content, and perhaps joining the AP.

      So if we are not a news service, can ANYONE explain to me why not?

    48. Re:Definately by stonecypher · · Score: 1

      Is the Star paper that you can pick up in your supermaket journalism? No.

      Wrong. Just because it's bad journalism doesn't mean it isn't journalism. For purposes of legal defense, Star, Sun, the Weekly World News and so forth have their journalistic licenses.

      Even if the bloggers are better than newspapers, they're not journalists until they've got a degree and a license. This one's cut and dried. It has nothing to do with the quality of the content - I could be a better surgeon than a licensed doctor, but until I have that degree and license, I'm still not allowed to operate, and I'm still not a real doctor.

      It's all about the quality.

      It has nothing to do with the quality. It has to do with a legal background, an educational background and a license, just like essentially every other profession in this country.

      --
      StoneCypher is Full of BS
    49. Re:Definately by Masker · · Score: 1
      They published trade secrets. That's not news.

      They weren't doing this for the public good. They were doing it to steal Apple's thunder.


      The only nit-pick that I have with your response is that they didn't just do it to steal Apple's thunder, but to make a profit. Think Secret sells ads, and the more clicks they get, the more they make, just like any other for-profit, ad-selling website. They post reliable information (in this case, trade secrets) in order to make money, and they solicit that information from people in the know through "anonymous" voicemail/email drops. This solicitation for profit is against the law, and rightly so. I don't get why people think this is ok; if you induce someone to break the law, you are breaking the law.

      I put anonymous in quotes because they always state the reliability of their sources, and if those sources were truly anonymous how would you have any idea of the reliability? It's quite clear to me that they get names and verify that the person could know the information they claim to know.

      (Well, I do have another nitpick:
      $ echo 'definately' | ispell -a
      @(#) International Ispell Version 3.1.20 (but really Aspell .33.7.1 alpha)
      & definately 5 0: definitely, defiantly, deviantly, definably, definable
      )

      Other than that, good post.
      --

      ---------The early bird gets the worm, but the second mouse gets the cheese.

    50. Re:Definately by Kergan · · Score: 1

      Please read some history.

      I do...

      As point out by B. Franklin if I recall correctly, my freedom of speech is meaningless if I cannot use it to say things you do not want to hear. And the first amendment is there to protect the freedom of speech and the freedom of press against laws made by congress.

      Moreover, several occasions in your history -- Watergate? -- should remind you that investigations are not all bad.

    51. Re:Definately by Anonymous Coward · · Score: 0

      Well, you see, you can also be classified as blog. So a certain judge in California says you aren't a news service/journalist/publisher.

    52. Re:Definately by gimpynerd · · Score: 1

      So it takes a degree to be a journalist. Because researching is so hard you need school to teach you how to do it. You really think you are something else don't you?

    53. Re:Definately by tdhillman · · Score: 1

      First, copy editors says "definitely," not "definitely."

      Second, as an individual actually teaching a course called "Digital Journalism," I can assure you that some bloggers are, and some are not. The basic criteria for defining journalism has a great deal to do with exactly how facts are delivered and how viewpoint is defined.

      Example- we've all been blogging in regard to the incident with the Italian journalist shooting. Before anyone sat to write, we spent class time addressing how the facts of the case defined the story- the idea is that a journalist reports the truth, not a version thereof. It's tough for kids to grasp, but there it is.

      The Think Secret case is not about journalism- I've no problem with the site, but it's not journalism. Rumor sites by nature are just that- I'm sure there are cases in which Think Secret has had it wrong- how could he possibly fact check the rumor for backup- get someone else to break a non-disclosure agreement?

      A journalist reports fact- not speculation. You've got to know your sources. It's how Rather got himself screwed. A simple acid test used with my students is to test any assertion they make with "How do you know?" A journalist knows, and indeed many bloggers have made it their business to know conclusively.

      For me, you start with Woodward and Bernstein and measure against the way they built their stories. Deep Throat was a secret source- the reporters did the legwork to discover facts.

      I guess if you write a journal you can call yourself a journalist, but that's forgiving. As someone who made a living off being a supposed Mac journalist for while, I can assure you that I was a writer first, and a journalist second. I'm not proud of that, but the money was good. The editing? Next to non-existent in most cases.

      --
      befuddled (noun) 1. Unable to create a pithy sig
    54. Re:Definately by Anonymous Coward · · Score: 0

      You make a great point, but I wish you would learn how to spell ``definitely''.

    55. Re:Definately by gimpynerd · · Score: 1

      Apparently some people think you need a degree to be a news service.

    56. Re:Definately by LurkerXXX · · Score: 1

      Sorry, you do NOT need a license to be a journalist. 'Journalistic License' isn't a piece of paper you get from the government. Wow.

    57. Re:Definately by Anonymous Coward · · Score: 0

      Movie stars are people. Corporations, such as Apple, are not people. They are businesses, at all times. Business practices and information are always in the public interest. Trade secret laws have been dubious from the get go. When information gets out from a company (whether in violation of an NDA or not) that information is almost always in the public interest. The information published on Think Secret's website certainly was.

    58. Re:Definately by Anonymous Coward · · Score: 0

      How can we trust people??? Look at these shysters trying to make us believe they see the image of mc hammer in a loaf of bread. (Search for "mc hammer bread" if link doesn't work.)

      http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&it em =5563491001#description

    59. Re:Definately by LurkerXXX · · Score: 1
      The Watergate investigation was for the public good. To point out illegal goings on and corruption in the government so that the people might correct it.

      That has nothing to do with publishing trade secrets, or your credit card number and pin number. A real Journalist could see the obvious difference.

    60. Re:Definately by circusnews · · Score: 1

      He also seems to think you need a license to be a journalist. I would love for some one to show me a US law that requiers this.

    61. Re:Definately by ChaosDiscord · · Score: 2, Insightful
      They published trade secrets. That's not news.

      It's timely. It's of interest to a wide variety of people. How is this not news?

      Sure, it might be illegal and immoral, but it's still news. Indeed, in the criminal world information like "the FBI is preparing a massive sting next Tuesday" would very newsworthy.

      This isn't to defend this particular case; the evidence does seem to suggest that the "journalistic shield" doesn't apply. However, it's still news.

    62. Re:Definately by poofyhairguy82 · · Score: 1
      OK, I never bark about this stuff, but what editorialist doesn't know enough grammar to spell "you're?"

      Just so you know, there is a big difference between the quaility of work I put on /. (what I call "typing out my ass") and what I publish. I make lots of mistakes without proofreading things (I never do for/.).

    63. Re:Definately by gimpynerd · · Score: 1

      My sincerest apologies.

    64. Re:Definately by DarkMantle · · Score: 1

      I would say Not...

      Let me explain...
      Most blogs (take /. for example) mearly summarize an article and link to it. No original thought, no "sources" that lead them to the information. No following leads to find out more. They just read and regurgitate.

      The sky is blue. Now that I've told you the sky is blue, I'm a journalist? I think not.

      --
      DarkMantle I been bored, so I started a blog.
    65. Re:Definately by Kergan · · Score: 1

      A real journalist is there to deliver the information his audience wants, no matter how sensitive. This is what a scoop is all about.

    66. Re:Definately by LurkerXXX · · Score: 1

      Please publish some secret military information and see if the courts agree with your definition. I'm guessing they will use one more in line with mine.

    67. Re:Definately by Derling+Whirvish · · Score: 1
      The New York Times would never had published the leak. An editor would have asked the reporter who their source was, and if it was an Apple insider, would have asked if the insider was covered by an NDA.

      But it was The New York Times the most famously published the Pentagon Papers leaked to them by Daniel Ellsberg. Daniel Ellsberg had signed an NDA with The Rand Corporation (his employer at the time) concerning the non-disclosure of classified government information that he came into contact with. History contradicts you.

    68. Re:Definately by Scudsucker · · Score: 1

      It's timely. It's of interest to a wide variety of people. How is this not news?

      Breaking into the house of Britney Spears, taking photographs of her in the shower and putting those photos in Juggs magazine would sell a lot of copies. Does that make it journalism? Does that make it right? No and no.

      Guys like Think Secret are the paparazzi of the tech world, and deserve no protections whatsoever.

    69. Re:Definately by Anonymous Coward · · Score: 0

      It is dubious as to whether or not the information published constituted trade secrets.

      The info did do me, Joe Public, good. I was able to decide to sell my old Mac based on the info. Actually, it was not until Apple sued, proving the truth behind the info, that I was helped in that decision. Before then the information was simply speculation, which did me good as it expanded my horizons in imagining what could come from the computer maker this year. Guessing as to what technology is coming next does the public good. Many people cite Moore's law. Speculation about what comes next does the public good.

    70. Re:Definately by Scudsucker · · Score: 1

      History contradicts you.

      And the relevant details make you a dumbass. Ellsberg was a whistleblower, and there are in fact laws to protect whistleblowers. Tell me how the Mac Mini was part of a government coverup or how the NDA-breaking Apple employee deserves whistleblower protection, and we'll talk.

    71. Re:Definately by Anonymous Coward · · Score: 0

      What apple is suing for, is not whether or not ThinkSecret is a journalistic site. The creator of the site said he was, but he's only passing along rumors-at best. Nothing he says is unique is any way, and shows no in depth research.

      Apple wants to know who leaked the information. The Bill of Rights which he is standing behind ony protects him as far as the government is concerned. Although there have been times when lawyers from the ACLU will sue companies for breaches of some amendments.

      To say that the creator of the site was protecting his freedom of speach is not fair to those who have their rights infringed.

      Journalistic protection clauses are in place for protection from the government, and people who would take action against a journalist.

      While it is my personal opinion that Thinksecret should be able to keep his source confidential..to say that it is a breach of his rights as a United States citizen is going overboard.

    72. Re:Definately by Anonymous Coward · · Score: 0
      Is my website a blog or a news service? I like to think so.

      If you want to be a news service, at least learn to use the English language. You cannot ask an either/or question and answer with an affirmative. It makes no sense.

    73. Re:Definately by Derling+Whirvish · · Score: 1
      Ellsberg was a whistleblower, and there are in fact laws to protect whistleblowers.

      None of those laws existed in 1971 when the NYT published those papers. Your ignorance is compounded by your arrogance.

    74. Re:Definately by letxa2000 · · Score: 2, Interesting
      I'm sure there are cases in which Think Secret has had it wrong- how could he possibly fact check the rumor for backup- get someone else to break a non-disclosure agreement?

      And I'm sure there are quite a few cases in which the "mainstream media" had it wrong. One need not look any further than CBSNews and the Bush files to see that.

      I'd say that in some cases bloggers might conduct enough investigation to be considered journalism and in some cases the mainstream media disregards the truth or does not conduct adequate research to warrant their elevation above a common blogger.

      In either case, we should be suspicious of and look for biases in everything we read--be it from a blog or from the "mainstream media." Both have provided ample reason to not put our full trust in what they report.

    75. Re:Definately by MikeCapone · · Score: 2, Insightful

      Wait. Journalists still research their articles?

      Not very often in the U.S., anyway...

    76. Re:Definately by Grax · · Score: 1

      The preservation of freedom of the press requires a very open view of what is considered "the press". To define it too narrowly opens the door to a tremendous loss of freedoms that the constitution is designed to protect. Why not just say that Fox News is not "the press" because they lean to the right?

      All of the press stems from somebody having something to say and saying it. That is what freedom of speech and the press means. The freedom to say things openly and without fear about the government, companies, or just about anything else.

      Stopping leaks, if they want them stopped, are Apple's responsibility. The publishers are not bound by any contractural obligations to Apple and Apple should not be allowed to harass them.

    77. Re:Definately by Anonymous Coward · · Score: 0
      Or how about:

      I bet Ann Coulter won't talk to a NYTimes writer of any flavor- not that I'd want to talk to that superbitch or nothing).

      This "journalist" seems to put a lot less effort into his writing on Slashdot than a lot of non-journalists. I think that probably does a lot to explain the state of journalism in this country.

      I might be a carpenter, but that doesn't mean I'm going to build a crappy chair just because I'm doing it at home for my own enjoyment rather than being paid to do it.

    78. Re:Definately by slvi · · Score: 1

      Well, why not the opposite?

      Considering how little research some reporters put into their so-called news I would definately consider them a form of blogging.

    79. Re:Definately by rgmoore · · Score: 3, Insightful

      OTOH, newspapers sometimes publish material that is actually illegal to reveal, like classified government secrets. When a paper gets information like that, it tries to decide whether the newsworthiness of the information outweighs the legal danger of publishing it, and goes ahead and prints it if it is sufficiently newsworthy. Sometimes the paper is correct, as in the case of the Pentagon Papers, and sometimes it's wrong, as in the case of outing Valerie Plame, but in either case newspapers are perfectly happy to publish if they think it's a big enough scoop. Bloggers may have different standards of newsworthiness from newspapers, but they're making essentially the same kinds of decisions.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    80. Re:Definately by Anonymous Coward · · Score: 1, Insightful

      Very true. A talk show host I listen to always says don't believe anything he says unless you know it to be true. He sees his job as making people think. If you have an opinion, back it up with fact. Facts would not be "I read it on moveon.org" or "Rush said..."

    81. Re:Definately by Kergan · · Score: 1

      I'd be quite sure they will too.

      Likewise, the court decided bloggers are not journalists.

      But that doesn't mean I agree with the court. Nor does it mean that its opinion is relevant.

    82. Re:Definately by dvdeug · · Score: 1

      the lack of copy-editing and fact checking--to name just two issues--makes blogging, at best, and outlet for editorializing.

      And how do you know that they don't copy-edit and fact check?

      I go to the Alva council meeting, write up what happened, have a friend look it over and post it to my blog.

      My friend goes to the Alva council meeting, writes up what happens, have a coworker look it over, and prints it in the Alva Review-Courier. What's the fundamental difference?

    83. Re:Definately by Neosaurus+X · · Score: 1

      Tabloids. 'Nuf said.

    84. Re:Definately by KillboyPHD · · Score: 1

      "Movie stars are people. Corporations, such as Apple, are not people. They are businesses, at all times. Business practices and information are always in the public interest. Trade secret laws have been dubious from the get go. When information gets out from a company (whether in violation of an NDA or not) that information is almost always in the public interest."

      (emphasis mine)

      So which is it? Is Business information always, or just almost always in the public interest? I'm going to guess that you realized your first claim was absurd, and tried to correct it by adding "almost".

      Here's a hypothetical (which nicely refutes your first claim, and makes pointless your second):

      Company A is researching a product which will bring joy and happyness to millions, cures athletes foot, and will do your taxes. Intrepid blogger B induces one of company A's employees to break his NDA, and publishes details about the research. Company C who makes tax software and anti-fungal powder, reads said leak, and quickly buys and kills company A before their product can be completed.

      In that (very hypothetical) case, public release of private business information has worked against the public interest, and the unhappy public must continue with itchy feet and sub-standard tax software.

      More importantly, one could make the same case for the public viewing of personal information that you've made for business information. It is certainly in the public's interest to have it be widely known that your are a hopeless alcholic, and constantly default on loans. But I'm sure you wouldn't agree that private, personal information should be publicly available. Why so for people and not for corporations, who are, at their basic level, a group of people?

      --
      Bah weep granah, weep ninny bong!
    85. Re:Definately by HughsOnFirst · · Score: 1

      Yes, consider Robert Novak for instance.
      The press was originally in the opinion biz, the fact stuff came later. I believe that opinions have higher first amendment protection than statements of fact.

    86. Re:Definately by stonecypher · · Score: 1

      Given that you failed to research the needs of being a journallist when talking about your opinions of a legal matter which a judge had ruled on clearly, and given that you also failed to research the judicial ruling, yes, I think it's fairly obvious that research is just too hard for the random moron on the web.

      As far as thinking I'm something else, no, I'm just tired of people which whine about things they utterly fail to understand, as if they had a better idea of the law than a judge which has been in school for a rock bottom of ten years and has at least ten years experience as a lawyer. Trust me, it's not me who's putting on superior aires, much less those utterly unearned.

      --
      StoneCypher is Full of BS
    87. Re:Definately by CAIMLAS · · Score: 1

      It shouldn't be considered journalism "just because" it's a blog, no more than the National Inquier or the New York Times are considered journalism because it's printed and sent to thousands/millions of people daily (whenever).

      The medium does not justify the media's credibility or value. I'm fairly certain this is how rags like the National Inquier manage to get sued so frequently by stars: they don't have any journalistic integrity, and thus it is not journalism.

      (Yes, I'm saying that, at times, the NYT isn't journalistic but a propaganda mill, much as pretty much every other major paper in the nation now.)

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    88. Re:Definately by Fareq · · Score: 2, Insightful

      You start from a good premise, but you cheated. Because, you see, blogger B violated a law regardless of the interpretation of free press.

      You see, *inducing* someone to violate an NDA is illegal regardless of who does the inducing. Now, if the person comes to you and says "have I got a scoop for you" and you publish and do *not* specifically reward the source, then you have something closer to the issue being debated.

    89. Re:Definately by HughsOnFirst · · Score: 1

      "An editor would have asked the reporter who their source was"

      No, consider that the Washington Post editors never knew who deep throat was.

    90. Re:Definately by gimpynerd · · Score: 1

      I'm sorry if you think my opinions were uninformed but hey, that is your opinion.

      Also I would like to extend my apologies for attempting to flame you. I was rather immature of me.

    91. Re:Definately by Anonymous Coward · · Score: 0

      You see, circusnews, English is the only language in which news services are extant.
      Of course you can answer an either/or question affirmatively.

      Q: Do you want sex or food?
      A: Yes, please!

      posted anonymously because i am ashamed to respond to flamebait...

    92. Re:Definately by gimpynerd · · Score: 1

      Most journalists report facts. Lets say the sky turned some unusual color. Now that would be on the news and considered journalism.

    93. Re:Definately by DarkMantle · · Score: 1

      Most journalists report facts

      Thank you for proving my point. I told you a fact that the sky IS blue.

      I should get a job on Channel 6

      --
      DarkMantle I been bored, so I started a blog.
    94. Re:Definately by gimpynerd · · Score: 1

      Ah, but it seems only the unusual facts are considered "journalism".

    95. Re:Definately by infonography · · Score: 1
      Others think you just need to be a bald male escort to become part of the White House Press Corp, however you

      (urp)

      Nevermind.......

      --
      Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
    96. Re:Definately by infonography · · Score: 1
      I would call you a News Service to the degree that you meeting the established norms of a news service. You have a readership and you do research, and you are keeping current within the scope you have choosen. Unlike a lot of bloggers your not channelling dead crazy people or parroting a party line.

      Sadly at least one of those two examples qualifies as Journalism has well. (Yes, I mean the one about dead crazy people)

      The end definition of a Press in the USA becomes, publishing for distribution. Posting to a blog would also qualify mostly because the deciding factors pre-date our current technology.

      --
      Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
    97. Re:Definately by slantyyz · · Score: 1

      Wasn't the New York Times also the newspaper that employed Jayson Blair? More accurately, the NYT usually engages in journalism.

    98. Re:Definately by Anonymous Coward · · Score: 0

      "You have a readership... becomes, publishing for distribution"
      So are you saying that if the New York Times existed exactly like it does now, but with 0 readers, it wouldn't be journalism?

    99. Re:Definately by grrrl · · Score: 1

      A journalist reports fact- not speculation.

      you have obviously never read the australian Sunday Times.

      all they report is the "fact" that someone speculated something.

    100. Re:Definately by Anonymous Coward · · Score: 0

      The state law of Pennsylvania prohibits singing in the bathtub.

    101. Re:Definately by CrimsonAvenger · · Score: 1
      they're not journalists until they've got a degree

      Walter Cronkite wasn't a journalist??? Who'd have thought?

      And Edward R. Murrow wasn't a journalist either??? What a concept!

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    102. Re:Definately by WhiteDragon · · Score: 1

      But even the Star is afforded protection under the law. They also can be sued for libel if they print something false and detrimental to somebody, the same as the Times.

      --
      Did you mount a military-grade, variable-focus MASER on an unlicensed artificial intelligence?
    103. Re:Definately by Dasch · · Score: 1

      Lets get the facts straight: American soldiers opened fire at the car carrying the journalist and the agents, not the other way round. Saying that she's lying won't change that.

    104. Re:Definately by Anonymous+Custard · · Score: 1

      What did the other people in the convoy say? The italian agents/soldiers escorting her? They weren't communist newspaper reporters.

    105. Re:Definately by Wolfhart · · Score: 0

      " The media has nothing to do with it. It's all about the quality."

      Two words; Fox News.

    106. Re:Definately by techno-vampire · · Score: 1

      You just don't get it do you? I'm not denying that and never have. I am, however, suggesting that there might be things she's not telling us because of her bias that might have given them a reason to do so. Might, mind you, not are.

      --
      Good, inexpensive web hosting
    107. Re:Definately by stonecypher · · Score: 1

      Ahem. Walter Cronkite has a school of journalism named after him, earned five media degrees from the University of Texas and recieved almost a dozen honorary degrees. Edward Murrow had media degrees from Stanford, U.Washington and Washington State.

      So yes, they were journalists. Why? Because they went to school for it.

      --
      StoneCypher is Full of BS
    108. Re:Definately by stonecypher · · Score: 1

      Yes, you do. Consider the ten undergraduate programs at the Walter Cronkite School of Journalism, including journalism, media management or mass communications.

      The requirements for getting licensure vary from state to state. There are states which require degrees, states which require tests, and states which don't require anything. In New York City, for example, they're called "press credentials," and one can only acquire credentials if 1) one has had them previously, 2) works for an established news service, or 3) takes an exam. In fact, if you knew much about the media, you'd know that these passes were used to prevent minority journalists from succeeding quite frequently, and more recently were used to shut Michael Bloomber's electronic newspaper out of most every significant political event in Washington DC, despite his long-established career.

      Wow, indeed. Just because you're not aware of something doesn't mean it doesn't exist, even if you know of a phrase which sounds superficially similar. Doesn't it bother you to be so presumptuous?

      --
      StoneCypher is Full of BS
    109. Re:Definately by LurkerXXX · · Score: 1
      Yes, you do. Consider the ten undergraduate programs at the Walter Cronkite School of Journalism, including journalism, media management or mass communications.

      Just because there is a school for something, it doesn't mean you can't do that job without going to that school. (With exceptions like medical school. Journalism does NOT compare to med school, sorry) If you teach yourself to program, you can get a job working for a company doing programming. And you can call yourself a programmer. And you ARE a programmer. Journalism works the same way.

      And once again, there is no license needed to be a Journalist. Period. Those "press credentials" are not a license! You can be a journalist just fine without them. They are just access passes in case you are somewhere and need to get somewhere the general public shouldn't all be going. They only verify that yes, you do work as journalist somewhere and are not some yutz wanting to cross a police line, etc, and just saying "I'm a member of the press" to get across. If you don't need to cross a police line, etc, to do the type of writing you do, you don't need press credentials. You are still a Journalist.

      Doesn't it bother you to be so presumptuous?

      Not when I'm right.

    110. Re:Definately by CrimsonAvenger · · Score: 1
      Walter Cronkite dropped out of the University of Texas to become a journalist before WW2. His degrees, actual and honorary, came later.

      Edward R. Murrow earned a degree when he went to college the first time - he majored in Speech, not Journalism. Then he became a journalist. His other degrees, actual and honorary, came later.

      Sorry. Back in the day, there were no "journalism schools" that one could attend.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    111. Re:Definately by Anonymous Coward · · Score: 0

      If the Sun and Weekly World News can turn a pimple on Sarah Jessica Parker's ass, into an elaborate love child with hemaphrodites from uranus, and still be considered journalism. Then, I will continue to consider bloggers to be journalist. This reeks of "Well, you don't work for a big company so we're gonna bend and break the rules in our favor."
      Also, please enlighten us on your ideas of how facts are to be delivered and viewpoint defined. That's awfully broad and can easily encompass blogs. Even in your example, it's extremely opinionated based solely on your experiences, but you attempt to cover by claiming, "we" and "we've" , I don't know who your colleague's are, hell you could be schizophrenic for all I know. The post being replied to reeks of egotism, sorry, but I'd rather take the highway.
      *sigh* The more I write this, the more I worry about the future, if your an instructor, by all means I hope I never sit in one of your lectures.

    112. Re:Definately by stonecypher · · Score: 1

      Just because there is a school for something, it doesn't mean you can't do that job without going to that school.

      Don't put words in my mouth: there was no point at which I said he couldn't write articles. What I said is that he's not a journalist, and that as such he does not get journalistic protections.

      (With exceptions like medical school. Journalism does NOT compare to med school, sorry)

      This is a non-sequitor. Carpentry also doesn't compare to being a doctor, yet you can't get insurance on a new house unless your carpenters are bonded and licensed. If you don't believe me, call a contractor and ask.

      Not when I'm right.

      You mean that the courts said you were wrong in acting the contrary to what you suggest is law wasn't enough of a hint to you that you're not right? Here's a hint: judges know the law better than you do. The judge said "you're not licensed and you've never gone to school; therefore although you do indeed write articles, you are not a journalist."

      Consider that there is legal precedent that book authors also do not recieve journalistic protections. If someone who writes a novel isn't a journalist, then why do you believe that some yokel on the web is, when the reason the book author isn't is that they don't have a journalism degree?

      It's time for you to talk to a first year criminal law student; press rights are one of the earliest things covered after simple principles like double jeopardy, miranda, right to counsel and habeas corpus, when discussing the basic mechanisms of court proceedings. You aren't a journalist just because you say you are; otherwise any random yokel could say "I'm a journalist, and so I don't have to expose my sources" just by publishing a blog.

      In short, don't be ridiculous.

      --
      StoneCypher is Full of BS
    113. Re:Definately by LurkerXXX · · Score: 1
      What I said is that he's not a journalist, and that as such he does not get journalistic protections.

      So I guess you are going to tell me HL Mencken, Walter Cronkite, etc, etc, aren't journalists? Right. I think just about everyone is going to disagree with 'your' definition on that one.

      Before you go yelling once again that Cronkite has a school named after him. Yes, he does. That doesn't mean he want to school. Now you are going to yell about all his degrees. They are all honorary degrees. He NEVER went to school for them. Link: http://www.museum.tv/archives/etv/C/htmlC/cronkite wal/cronkitewal.htm

      "WALTER CRONKITE. Born in St. Joseph's, Missouri, U.S.A., 4 November 1916. Attended University of Texas, 1933-35. Married: Mary Elizabeth Maxwell, 1940; three children. Newswriter and editor, Scripps-Howard, also for United Press, Houston, Texas; Kansas City, Missouri; Dallas, Austin, and El Paso, Texas; and New York City; United Press war correspondent, 1942-45, foreign correspondent, reopening bureaus in Amsterdam, Brussels; chief correspondent, Nuremberg war crimes trials, bureau manager, Moscow, 1946-48, manager and contributor, 1948-49, CBS-News correspondent, 1950-81, special correspondent, since 1981; managing editor, CBS Evening News with Walter Cronkite, 1962-81. Honorary degrees: American International College; Harvard University; LL.D., Rollins College, Bucknell University, Syracuse University; L.H.D., Ohio State University. Member: Academy of Television Arts and Sciences (president, national academy, New York chapter, 1959, Governor's Award, 1979); Association Radio News Analysts. Recipient: several Emmy Awards; Peabody Awards, 1962 and 1981; William A. White Award for journalistic merit, 1969; George Polk Journalism Award, 1971; Gold Medal, International Radio and Television Society, 1974; Alfred I. DuPont-Columbia University Award in Broadcast Journalism, 1978 and 1981; Presidential Medal of Freedom, 1981."

      He started college, but never finished it. He dropped out of college in his junior year, to take a job as a full-time reporter for The Houston Press.

      Link:http://www.nndb.com/people/313/000022247/

      "High School: San Jacinto High School, Houston, TX (1933)"

      "University: University of Texas at Austin (no degree)"

      Got proof he did? Let's see your sources.

      Carpentry also doesn't compare to being a doctor, yet you can't get insurance on a new house unless your carpenters are bonded and licensed. If you don't believe me, call a contractor and ask.

      My uncle built his own home. He has insurance. You can get insurance if you had the house well inspected during the building process and look around for insurance companies. Many insurance companies don't want to assume the risk of insuring a house with unknown quality of workmanship. The insurance company is the one who decides what risks they want to take or not. The government is not involved, and you don't have to be a bonded/licensed carpenter to build a house in most jurisdictions (some local zoning regulations may insist, but those are strange local regs, not national laws or regulations). You just need to get everything inspected. Don't believe it? http://apps.irs.gov/businesses/page/0,,id=7006,00. html "The license/registration requirements for carpenters and their business entities (that is, sole proprietorship, joint venture, partnership, or corporation) vary from state to state. Most states, however, do require those in the carpentry/framing business to register or obtain a license." Most states require a license if you are going to do it for a business. Others don't. There is no national law for it.

  2. You're asking me? by Anonymous Coward · · Score: 1, Funny

    What does the blogosphere think?

    1. Re:You're asking me? by stupidfoo · · Score: 1

      but remember everyone, Apple Thinks Different!

    2. Re:You're asking me? by game+kid · · Score: 1

      Someone please kill that blogosphere word already. It conjures up images of shows like Inside Politics et al. with people who actually try to say words like these, as if we need more buzzwords in our lives. I dunno about all of you but I can't stand this term. Or blog for that matter.

      Still, I agree, I too wonder what the people behind the pages think of their work.

      --
      You can hold down the "B" button for continuous firing.
  3. Was Apple Right? by admsteiner · · Score: 5, Interesting

    See Professor Susan Crawford's piece on this on her blog where she argues the outcome (if not the reasoning) of the Judge's ruling was correct... http://scrawford.blogware.com/blog/_archives/2005/ 3/6/404732.html

    1. Re:Was Apple Right? by mark-t · · Score: 4, Insightful

      Her argument rests then on the premise that any magazine which makes its business off of discovering insider secrets in other companies and disclusing them has no right to exist in a democratic society? Is that a correct assessment?

    2. Re:Was Apple Right? by PxM · · Score: 3, Insightful

      Pretty much. It's the same reasoning protecting trade secrets that protects copyrights for private companies. Unless the public is at risk (E.g. company dumping toxic wastes in a daycare center), there is no constitutional reason to allow people to disclose trade secrets like that. Journalistic protection against governments is because the people have the right to know what their leaders are doing. Customers and other companies don't have those rights.

      --
      Free iPod? Try a free Mac Mini
      Or a free Nintendo DS, GC, PS2, Xbox
      Wired article as proof

    3. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      Crawford is wrong because the ruling hinged on a false claim that web-based publishers are not journalists. Crawford even says: "Bloggers are certainly journalists." The California constitution is pretty clear on this. The judge ruled wrong. Freedom of the Press does mean freedom from government interference for publishers of news.

    4. Re:Was Apple Right? by mark-t · · Score: 0, Troll

      Can something that is intended to become public knowledge imminently anyways (ie, after the product is released) actually be legally considered a trade secret?

    5. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      I don't think you understand the chilling effect. Now if you go to publish something you believe is exposing wrong-doing you expose yourself to liabilities if a judge decides your exposure wasn't of something wrong enough. End result, most people would decide just not to publish.

    6. Re:Was Apple Right? by PxM · · Score: 1

      Given the speed at which the industry moves, I'm guessing yes. Intel quickly created a Mac Mini clone so having extra time to figure out how to copy Apple could result in a nice chunk of sales. This is also more important for Apple since a lot of their high profile innovations (nothing high tech about a 10GB MP3 player by itself) aren't based on strange tech which makes it easy to replicate once you know what's happening. Ideas are worth big money in the design market.

      --
      Free iPod? Try a free Mac Mini
      Or a free Nintendo DS, GC, PS2, Xbox
      Wired article as proof

    7. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      A professor experienced in studying journalism and disagrees with your professor has written on the matter.

    8. Re:Was Apple Right? by MindStalker · · Score: 1

      Of course, anything that you have to sign a non-disclosure agreement to see is trade-secret. Most marketing companies make their employees sign NDAs for everything they view, as timing to market is critical to many buisnesses. Essentially anyone publishing trade-secret information can be punished. The fact that the judge made a distintion between the online journalist and traditional journalist is the only real incorrect desision. As a traditional journalist (or atleast their employer) could be sued for releasing trade secrets unless there is a danger to the public.

    9. Re:Was Apple Right? by PxM · · Score: 1

      I don't think there is any implication in the leaked information that Apple was doing something the least bit wrong with the mini. I'm guessing that fact that the leaked information revealed good things that Apple was doing (and that others can copy for profit) had a large part to play in the decision. If Apple was using young children to build the products, then the blogger might have a case.

      --
      Free iPod? Try a free Mac Mini
      Or a free Nintendo DS, GC, PS2, Xbox
      Wired article as proof

    10. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      Intel created a plastic case. Think Secret's revelations were published a few days before the official announcements. The info was available on the net from other sources before Think Secret did its news-gathering and published. The public did not know any of the published speculation was true until Apple filed suit.

    11. Re:Was Apple Right? by TheViffer · · Score: 1

      so having extra time to figure out how to copy Apple could result in a nice chunk of sales

      Lets see here. Take laptop, rip off monitor, tear out keyboard, remove the battery, cut it in half, and fold. Any questions?

      That took all of 10 seconds.

      --
      -- Knowing too much can get you killed, but knowing who knows too much can make you rich.
    12. Re:Was Apple Right? by snwcrash · · Score: 2, Informative

      But I as the blogger don't have any responsability to protect your NDA. Assuming I didn't do anything illegal to get the information. The punishment would be for the source, not for the paper, most likely. Since as I understand it they are only being forced to reveal a confidenial source or get punished for refusing to do so.

      --
      Save a life, sign your organ donor card.
    13. Re:Was Apple Right? by TheViffer · · Score: 3, Insightful

      But I as the blogger don't have any responsability to protect your NDA.

      You are correct, and Apple suit is not against these three places for damages. Rather Apple is seeking out the information of who leaked the new line up of iProducts.

      --
      -- Knowing too much can get you killed, but knowing who knows too much can make you rich.
    14. Re:Was Apple Right? by iminplaya · · Score: 1

      Take laptop, rip off monitor, tear out keyboard, remove the battery, cut it in half, and fold. Any questions?

      Turn it on?

      --
      What?
    15. Re:Was Apple Right? by MindStalker · · Score: 1

      Either way, what this really boils down to, in my mind is, would a traditional publisher also be forced to reveal their sources in this instance. If the answer is Yes, there really is no point in discussing this.

      Obviously you would have a hard time finding a traditional publisher stupid (brave) enough to publish this.

    16. Re:Was Apple Right? by daVinci1980 · · Score: 1


      God! Finally someone said it right.

      That's what everyone who has their panties in a bunch doesn't seem to get. Apple is not seeking these individuals in order to punish *them.* It's to find out who their sources are, and who their sources are, and who leaked the information. That way the person who *did* violate the NDA can be punished properly.

      --
      I currently have no clever signature witicism to add here.
    17. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      Exactly. A judge is being allowed to decide whether news published in good faith has content "good" enough or "bad" enough to result in legal liability. This is an unacceptable abridgment of the free press.

      There is a problem when the government is deciding which good-faith news reporting is acceptable or unacceptable based on its content.

    18. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      What is with you fuckers and the NDA? The blogger broke no law and no rules. I don't have to follow your NDA, because I didn't sign your NDA. Tough luck. The blogger didn't do anything illegal to get this information and does not have to reveal anything since no law was broken.

      As for the employer that did break the NDA, oh well. Have a great time trying to find out who that was.

    19. Re:Was Apple Right? by snwcrash · · Score: 1

      In my opinion this would be a toss up. I don't know the law well enough to know when the shield law does not apply. It is not a universal right even for brick-and-mortar journalists. Reporters have gone to jail on the priciple of protecting a source.

      --
      Save a life, sign your organ donor card.
    20. Re:Was Apple Right? by Richard_at_work · · Score: 4, Insightful

      But I as the blogger don't have any responsability to protect your NDA.

      Actually, you do. Go read the Uniform Trade Secrets Act if you think otherwise. If there is a distinct possibility that the knowledge you are receiving is a protected secret (and in the Apple case, it was 99% certain because everything is under NDA anyway), and you receive it anyway and act on or publish said information, you have breached the UTSA and can be punished.

      Anyway, the Apple court had absolutely nothing at all about the 'blogger' protecting the NDA, Apple was suing for the name of his source, you know - the person who actually broke the NDA. If the thinksecret guy hadnt refused to hand the name over, he wouldnt be in court at this moment - Apple arent after him, they are after the person who leaked the information.

    21. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      If a "real" journalist felt that a story was that important, he'd publish it regardless of the possible consequences. If you're a blogger with news and you're deciding not to publish because you're worried about the possible consequences, then either A) It's not really that important, or B) You're not really a journalist.

    22. Re:Was Apple Right? by RetiredMidn · · Score: 1
      But I as the blogger don't have any responsibility to protect your NDA.

      You don't have a contractual agreement not to disclose. But...

      If you stipulate that the intellectual property involved is really property (a big "if" on /.), then misappropriating that property by breaking the non-disclosure is a form of theft. Which makes taking possession of the information and using it akin to receipt of stolen property.

      IANAL, so I don't claim that this analogy holds water, legally. Nor do I think ThinkSecret et. al. should be held criminally or civilly liable. (And, as you have pointed out, Apple action's are actually intended to expose the original violators.)

      My point is that ThinkSecret (apparently) knowingly benefitted from somebody else's extra-legal disclosure, without the imprimatur of exposing illegal or otherwise bad activity of a public or quasi-public official, and they therefore don't hold the same moral high ground as, say, Woodward and Bernstein.

    23. Re:Was Apple Right? by Kiryat+Malachi · · Score: 1

      Inciting someone else to break an NDA/disclose trade secrets is, in fact, illegal.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    24. Re:Was Apple Right? by arminw · · Score: 1

      ...a traditional journalist (or atleast their employer) could be sued for releasing trade secrets...

      I am not so sure about that, since the journalist (traditional or not) never signed an NDA. In this case Apple is not suing the journalist for disclosing, but are trying to use the legal system to force the journalist to reveal the source of information, which likely came from someone who DID sign an NDA. Apple wants to know who that was so they can take action against that informant.

      Does the law specify how many copies of a paper, magazine etc. have to be distributed or how many listeners a broadcast station needs to have to qualify legally as a journalist entitled to keep confidential sources? If that is not specified, it might be a legal loophole for a blogger to use. Just print up a few copies of the blog and distribute them with a local freebie ad paper. Voila, now you are a published journalist entitled to protect your sources just like the NY Times!

      --
      All theory is gray
    25. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      You are confused. There are two cases. One has Apple convincing a California judge to rule against the California Constitution in forcing under threat of contempt charges the revelation of Think Secret's and other journalists' source(s). The other case has Apple suing Think Secret for allegedly soliciting people to break their NDAs/reveal trade secrets. So, no, Apple is not only trying to gather info about who allegedly broke their NDA. Apple is also trying to punish Think Secret for behaving as a journalist by asking the public to voluntarily provide information about a news subject, Apple.

      Apple is seeking damages.

    26. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      So what you're saying: All innovation comes from Apple. The others could save some time if they just copied their ideas directly from Apple fan blogs.

      That has to be one of the most laughably ridiculous things I've ever read. Do you honestly believe that? Yes, the world is just FULL of co-conspirators ready to steal Apple innovations at a whim.

    27. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      Inciting someone else to break an NDA/disclose trade secrets is, in fact, illegal.

      Fortunately, there is no evidence that happened.

    28. Re:Was Apple Right? by Altus · · Score: 1



      there is nothing illegal about asking the public to voluntarily provide information coverd by an NDA. But if the site in question provided any kind of compensation for this information that is corporate espionage and is illegal.

      I have not heard anything definitive on wether or not ThinkSecret paid anybody for trade secrets... but apple would be within their rights to sue if they did... the same thing would be true of a magazine.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    29. Re:Was Apple Right? by Altus · · Score: 1



      if it was a case of wrong-doing then whistle-blower laws would apply. that is not the case here though...

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    30. Re:Was Apple Right? by Kiryat+Malachi · · Score: 1

      Look at ThinkSecret's website.

      "Got Dirt? Anonymous Voice Mail or Anonymous E-mail."

      That's probably close enough to incitement if someone under an NDA chose to use those methods in a court of law.

      Further, it is STILL illegal if ThinkSecret had any inkling the information was provided in breach of NDA. UTSA provides that "acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means" is also a crime. You think Nick didn't have reason to believe that the information he was given was in breach of NDA? I doubt it.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    31. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      Where does it say NDA, trade secret, or violate the law?

      I don't think you can make a publisher/journalist culpable based on what you guess the source of information or status of the information to be. Under that theory, a certain conservative columnist has a lot to answer for.

    32. Re:Was Apple Right? by Anonymous Coward · · Score: 0

      Laws against speech and the press need to be content neutral. But that's not the case here...

    33. Re:Was Apple Right? by mark-t · · Score: 1

      So by this premise, even something like a _rumour_ site wouldn't have any right to exist in our society, since the only accurate rumours would be things that are probably under NDA and shouldn't be talked about.

    34. Re:Was Apple Right? by Kiryat+Malachi · · Score: 1

      The law states that "acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means" is criminal. I paraphrased slightly, as there are several other subsections that are less applicable; if you don't believe me when I say this is criminal, look up the damn law yourself. Google it. It'll take all of 2 minutes.

      TS is more than aware that Apple considers all upcoming release info, prior to public release, to be a trade secret. As such, when given that sort of info, they are *obligated* under the law to either refuse the information, or if this is not possible (i.e. an anonymous voicemail) to not act on said information.

      Further, if TS actually had anonymous info on it, they should be perfectly willing to allow a third-party escrow investigator to go through their files. If they can't give up the ID anyway, why not let Apple look bad in court by letting someone else rummage and provide a sworn statement that no, no such info exists in their files? Their actions seem to implicate them; yes, this is the old "if you're really innocent, you have nothing to hide" routine, but at the same time, there are ways to not let Apple pry into your corporate data while still proving yourself innocent. If this goes to trial, all of that is going to come out in discovery anyway, and Apple will get exactly what it wants - since they don't really care about winning the case so long as they get the names they need. So why fight?

      But yes, people are culpable if they act based on information they had reason to suspect was an illegal disclosure of a trade secret.

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    35. Re:Was Apple Right? by gamma+male · · Score: 1
      Incorrect. Her premise rests on that confidential sources are not important to keep confidential except for issues involving the democratic process.

      While you are correct that she wouldn't favor a company who's business is outing trade secrets, but her logic I don't think she's including corporate whistle blowers.

    36. Re:Was Apple Right? by mark-t · · Score: 1
      There is no actual proof that they got this information from a corporate whistleblower though.

      Yes, it's probable, but not proven.

      To go forward on the assumption that it was is tantamount to presuming guilt until proven innocent.

    37. Re:Was Apple Right? by gamma+male · · Score: 1

      I didn't say that this incident was about a corporate whistleblower. What I did say was the the included lawyers opinion says that she thinks corporate whistleblowers should not be allowed to be protected as confidential sources. If you read the lawyers opinion linked in the article, she says that only sources involving the democratic process(tm?) should be allowed to remain confidential.

  4. No.... by Anonymous Coward · · Score: 0

    But neither is slashdot

  5. No by Neil+Blender · · Score: 3, Insightful

    Blogging is editorializing.

    1. Re:No by radiopillows · · Score: 1

      That's probably the best explaination I've heard. But aren't editorials considered journalism?

    2. Re:No by Neil+Blender · · Score: 1

      But aren't editorials considered journalism?

      No, editorials are opinions.

    3. Re:No by PornMaster · · Score: 4, Insightful

      Well, since this case is all about *facts* being published, and not opinions... while some blogs are all about editorializing, I think that in these cases, they're clearly reporting.

    4. Re:No by NoMercy · · Score: 1

      Most peoples blogs may be editorials and not really journalism, but I doubt you could say that Think Secret is a editorial.

    5. Re:No by Secret+Agent+99 · · Score: 1

      As someone who reads Think Secret, my opinion is that the only time they really do any "reporting" per se is when they analyse where their own rumor stories went wrong.

      The rest of the time the reader has no way of knowing how accurate the material is, and which parts of it to believe. Sometimes they publish stuff that proves to be accurate, sometimes they publish leaks about $99 iPod minis with stripes or, more recently, new iPod minis with colour screens.

      Dig around ThinkSecret.com, and you'll find a disclaimer (looks like it was copied and pasted from an Apple EULA -- how professional) that essentially says it's all to be taken with a grain of salt.

      So are they journalists when they get it right, when they're shovelling bullshit, both, or neither?

    6. Re:No by elsilver · · Score: 1
      Very true.

      The lack of editorializing is one of the ways you can tell blogs apart from mainstream media such as Fox News.

      Oh wait, I mean...

      E.

    7. Re:No by node+3 · · Score: 1

      Given the definition of the word journalism, I'd say blogs are more journalism than the current big media so-called "journalism". Think about it.

    8. Re:No by Anonymous Coward · · Score: 0

      neither Think Secret, MacOSRumors, PowerPage or a number of other sites that have been cited as publishing information that was protected by non-disclosure agreements, I dont consider it journalism... its simply a matter of a few people who are publishing protected information and violating certain laws.

      we can all get into semantic based conversations about what is and what is not journalism, but I do not consider what these 'glory seeking' websites are doing as having anything to do with journalism....

    9. Re:No by daveschroeder · · Score: 1

      Editorial shows on FOX News (O'Reilly Factor, Hannity and Colmes, etc.) = Editorials

      News shows on FOX News (FOX and Friends, FOX News Live, FOX Report, Special Report, etc.) = News

      I'm sorry you can't tell the difference, and I love how someone brings up FOX News in every freaking single one of these stories. What about the op-ed pages of newspapers? Or editorial shows on CNN?

    10. Re:No by Jameth · · Score: 1

      Blogging is a method of speech.

    11. Re:No by Anonymous Coward · · Score: 0

      Blogging is a method of speech.

      Opening one's mouth does not make one a journalist.

    12. Re:No by parcifal · · Score: 1

      Can a blogger be held accountable like a journalist can? Is there an ombudsman for the blog? If the answer is no, then Blogging is not journalism. If a blogger can withstand the scrutiny and oversight, then yes, he or she is a journalist.
      Without a code of conduct, one cannot consider anyone a journalist.

    13. Re:No by Narchie+Troll · · Score: 1

      But Robert Novak revealed Valerie Plame in an editorial, and he refuses to reveal his source. Editorials still enjoy protection.

    14. Re:No by Potor · · Score: 1

      I have thought about it, and I have no idea what you mean, since you don't actually give a definition.

      What is journalism? First, let's take only one subject of journalism, news journalism (leaving e.g. op-ed and columnists out, for sake of brevity). I would say news journalism a responsible (peer reviewed) and investigative reporting of facts, which may or may not be accompanied by reasoned opinion.

      Bloggers in a sense are peer reviewed, but only in a sense: the community of users basically determines the value of a blog, yet the value of that community varies wildly depending on the community itself.

      Basically, /. is well peer reviewed, because it does not attract only one point of view, and the moderation system allows even a savvy non-techie to separate the wheat from the chaf. But it is not journalism; rather, it is a like a newspaper stand with comments scrawled on the surface. Its contributions are largely critical, and not investigative.

      Now, many blogs are investigative, and like I said, all are subjected to rudimentary peer review (even if the review is only flamers). But it is rather obvious that many of these are not driven by, nor beholden to, the principles of objectivity and distance (whatever they be worth in the real world, at least they remain as ideals).

      So, in short, a case by case review is necessary. The metric, beyond quality of writing, would be the standards of investigation and an acknowledged responsibility toward their readers, as concretised in their respect for peer review.

    15. Re:No by node+3 · · Score: 1

      I have thought about it, and I have no idea what you mean, since you don't actually give a definition.

      Had you checked a dictionary, you could have saved yourself a huge amount of typing.

      Being "journalism" has nothing to do with peer-review. I do agree fully that review is beneficial, but journalism is essentially a journal of current news. A blog (about news) is almost as pure an example of the definition of "journalism" as possible. Since blogs don't have to sell ads, you get a more pure experience (a *huge* portion of the news, even if you don't count advertising, isn't really anything that should be considered 'news'), which is kind of my point. To ask if blogging is journalism shows a fundamental lack of understanding of what journalism actually is!

      It's quite ironic, actually. What we currently call journalism isn't really a good example of journalism, but this new thing (blogging) comes along that is far more consistent with the definition of the word, and so-called journalists are asking whether or not this new thing is actually journalism!

    16. Re:No by Potor · · Score: 1

      Peer review does not limit itself to academic journals, which we have seen in the whole Dan Rather affair. In that, his story was subjected to a peer review and found wanting. What good are dictionary definitions, when we all have different dictionaries? Stipulative definitions are better here, because then we can argue them. Assuming a common definition of such a term is really not possible. I agree with the rest of your points, btw. But I wish to stress responsibility, which you tacitly point out in your reference to boutique journalism. For, journalism connotes believability, which implies trust and responsibility.

    17. Re:No by node+3 · · Score: 1

      What good are dictionary definitions, when we all have different dictionaries?

      The usefulness of dictionary definitions is extremely obvious (at least, it should be). If, for example, you don't know what I meant by "obvious", wouldn't you consult a dictionary? Yeah, there is subjectiveness and nuance, but it seems glib to dismiss the dictionary altogether!

      Assuming a common definition of such a term is really not possible.

      Why would one assume a common definition is not possible? The debate does contain subjectiveness, but not so much as to throw out the notion of a definition to work off of. The question isn't, "is it good journalism" or "is it reliable journalism," or anything other than, "is it journalism?". That's the first question to ask. The rest follows, and is valid to discuss, but let's see if we can answer the first one before moving on.

      It just sticks out as bordering on absurd to think that we'd consider mainstream journalism to be journalism, but have a debate over whether a blog is or isn't journalism, the debate should really be the other way around.

      It's like we've all come to call microwaving food "cooking", then along comes a new craze of preparing meals from scratch, and wondering if it really should be called "cooking" since it doesn't come pre-packaged from the store.

      Blogging is more journalism than mainstream journalism is. It seems to me we're focusing on the wrong side.

    18. Re:No by Anonymous Coward · · Score: 0

      I don't want to start a holy war here, but what is the deal with you Mac fanatics? I've been sitting here at my freelance gig in front of a Mac (a G5 Dual 2.5Ghz Machine w/ 1 GIG of RAM) for about 20 minutes now while it attempts to copy a 17 Meg file from one folder on the hard drive to another folder. 20 minutes. At home, on my Pentium Pro 200 running NT 4, which by all standards should be a lot slower than this Mac, the same operation would take about 2 minutes. If that.

      In addition, during this file transfer, Safari will not work. And everything else has ground to a halt. Even SimpleText is straining to keep up as I type this.

      I won't bore you with the laundry list of other problems that I've encountered while working on various Macs, but suffice it to say there have been many, not the least of which is I've never seen a Mac that has run faster than its Wintel counterpart, despite the Macs' faster chip architecture. My 486/66 with 8 megs of ram runs faster than this 2.5 Ghz Dual machine at times. From a productivity standpoint, I don't get how people can claim that the Macintosh is a superior machine.

      Mac addicts, flame me if you'd like, but I'd rather hear some intelligent reasons why anyone would choose to use a Mac over other faster, cheaper, more stable systems.

    19. Re:No by Jameth · · Score: 1
      Blogging is a method of speech.

      Opening one's mouth does not make one a journalist.
      Yes, but opening one's mouth online does not make a journalist stop being a journalist. The medium is irrelevant.
    20. Re:No by Potor · · Score: 1
      Sorry for the delay, problems with open proxies at my isp! Anyway, did not say that we can't assume common definitions, but that we cannot assume a common definition to begin with. We must work this out, and assuming that each of our dictionaries back each other up is not too warranted an assumption.

      For instance, my dictionary defines journalism in reference to the print media, and even leaves out television.

      Of course, I could get another dictionary, but nevertheless, my point is made. If I relied on my dictionary, I would have to disagree that blogs can be journalism. But I agree that some blogs, those that fit the definition I gave above, are. Of course, my definition is fully dialectical and can only grow in strength through discussions as I learn what it leaves out.

  6. Well... by carpe_noctem · · Score: 2, Funny

    If Fox News is considered journalism in this day and age, then sure, why the hell not?!

    --
    "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
    1. Re:Well... by Anonymous Coward · · Score: 2, Funny

      You do mean CBS right? :)

    2. Re:Well... by Anonymous Coward · · Score: 0

      cbs may have done it, but they are aren't as blatant, systematic or as successful as fox is at churning out propoganda in the guise of news. i would say that fox is a more competent propoganda distribution system than cbs is a competent news organization...

    3. Re:Well... by Anonymous Coward · · Score: 0
    4. Re:Well... by IthnkImParanoid · · Score: 4, Insightful

      Cable news "personalities" calling themselves journalists is, more often than not, like someone watching a meteor shower calling themself an astronomer. TV is like a machine that sucks any objectivity and factual evidence out of news and replaces it with inflammatory propaganda, fear mongering, and flashy graphics. Not that some blogs don't have the same problems, but if cable news is the standard to beat there are definitely bloggers that qualify as journalists.

      --
      It's nothing but crumpled porno and Ayn Rand.
    5. Re:Well... by bonch · · Score: 1, Offtopic

      This is slightly off-topic, but I don't get some people's vitriol against Fox News. It's hard news has never been shown to be biased, and in fact a UCLA/Stanford study declared Fox News as the most centrist news organization, with CNN slightly left of center.

      I think some people purposely confuse the news analysts' shows like The O'Reilly Factor with the hard news segments that are just journalists reporting facts. CNN is currently getting slaughtered by Fox News, so it means one of two things:

      1.) The majority of news viewers don't think Fox News is biased.
      2.) Fox News is biased after all, and therefore the majority of viewership is conservative, contrary to what Michael Moore tells us.

      As for blogging being a form of journalism, I don't see what's so journalistic about revealing Apple's trade secrets and upcoming products into the greedy hands of competitors. That's not loving Apple, that's fucking them over and justifying it with a journalist's hat.

    6. Re:Well... by snwcrash · · Score: 1

      Isn't the concept of something being Left, Right or Center biased completly subjective? Do you have a link to the study? I'd be interested to see how they came to their conclusion. Obviously groups like Media Matters and the like would disagree.

      I'd imagine that the majority of Cable News viewers are concervative, based on the viewership numbers, just like AM talk radio listeners tend to be.

      --
      Save a life, sign your organ donor card.
    7. Re:Well... by cain · · Score: 2, Informative

      That study did not take into account "editorials, book reviews, and letters to the editor," which is where some slant in the media comes from. They also came to the conclusion that the Drudge Report "is the most centrist of all media outlets in our sample". I think the methodology of that report should be takin with a grain of salt. I'm just sayin'...

    8. Re:Well... by Anonymous Coward · · Score: 1, Insightful

      CNN is currently getting slaughtered by Fox News, so it means one of two things:

      1.) The majority of news viewers don't think Fox News is biased.
      2.) Fox News is biased after all, and therefore the majority of viewership is conservative, contrary to what Michael Moore tells us.


      I have to call you on the logical fallacy in your arguement.

      Ever consider that maybe Fox News is winning the ratings ware because it's even more sensationalist than CNN? Or any other number of possibilities? But no, it has to boil down to two possibilities, both of which support your arguement (and your preexisting worldview).

    9. Re:Well... by lgw · · Score: 5, Informative

      The UCLA/Stanford study was very well done, and measured "bias" as the frequency with which left wing vs right wing sources (such as think tanks) were cited. It was a very objective way to measure bias, if not necessarily what is commonly meant.

      Fox news was right of center, but not too far. The PBS News Hour was the most balanced. ABC and NBC were left of center, but not too far. CBS was pretty far to the left.

      Fox News is very comercially sucessful because it is the only TV news outlet with a right wing bias. Market research found that a *majority* of Americans thought the existing news at the time had a bias to the left, so creating a station with some bias to the right was an excellent marketing decision: provide what the majority of viewers want to see, and be the only outlet doing so.

      That doesn't, by itself, mean the reporting on Fox News is any better or worse than ABC or NBC, or any more biased, just well targeted to the largest demographic in its direction of bias. Personally, I think all the 24-hour news chanels are terrible, as there's usually a lot less news than they have hours to fill, so you get mostly low-quality filler.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    10. Re:Well... by Jerf · · Score: 1

      Isn't the concept of something being Left, Right or Center biased completly subjective?

      No.

      But it is partially subjective.

      Meditate upon that until you achieve enlightenment. (Semi-grin.)

    11. Re:Well... by node+3 · · Score: 1

      Cable news "personalities" calling themselves journalists is, more often than not, like someone watching a meteor shower calling themself an astronomer.

      Are you kidding?!?! At least your hypothetical "astronomer" is actually doing something that, however amateur, actually involves astronomy!

    12. Re:Well... by bonch · · Score: 1

      Ever consider that maybe Fox News is winning the ratings ware because it's even more sensationalist than CNN?

      Yes. That's what option #2 covered.

      What "worldview" do those options support? It's already a verified fact that Fox News is #1 in news ratings. Either a lot of people prefer Fox News because they don't consider it biased, or they do consider it biased and simply agree. Either way is a no-win situation for their critics. That's all I was saying.

    13. Re:Well... by Anonymous Coward · · Score: 0

      Can you actually cite a single example of Fox News sensationalism? It seems to be the liberal mantra to constantly, endlessly, and at all times bash Fox News. But then never actually offer a single example.

      They just hate that Fox News airs both sides. They're so used to having conservative viewpoints aired with derision and contempt instead of on a valid playing field with liberal viewpoints. And becuase liberals are so intolerant of other viewpoints, they accuse Fox News of being biased for daring to treat both sides equally instead of propping up the liberal media like CNN does (look how many Hollywood stories that CNN Headline News runs a day to cater to the L.A. Hollywood liberals).

    14. Re:Well... by Kiryat+Malachi · · Score: 1

      That study did not take into account "editorials, book reviews, and letters to the editor," which is where some slant in the media comes from.

      -some

      +most

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
    15. Re:Well... by Ungrounded+Lightning · · Score: 2, Insightful

      Fox news was right of center, but not too far. [...]

      Fox News is very comercially sucessful because it is the only TV news outlet with a right wing bias.


      What happened with Fox News is that they cited left-wing and right-wing think tanks with equal frequency. They came out as slightly right-biased because they used longer quotes from the right-wing tanks. This could be bias. Or it could be that Fox News is sticking to their "fair and balanced" pledge but the arguments of the right-wing tanks need more explaining than those of the left-wing tanks (which already get plenty of coverage in other media).

      IMHO Fox News gets its audience, not because it's right-leaning, but because it is the only news venue where a right-leaning viewpoint or any real news that might support a right-wing argument is likely to be aired at all. That means if you want to hear them - either because you're right-leaning or because you don't like having your input filtered - you have only one option.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    16. Re:Well... by Anonymous Coward · · Score: 0

      Or it could be that Fox is comparing centre and centre-right think tanks to right-wing think tanks, and you don't have a clue what "left-wing" is. How many times have you heard someone on Fox News call for using the army to seize the property of the wealthy, killing anyone who resists, and tearing the mansions down so poor people can farm there? How many have said that rich CEOs' estates should be seized and sold, and the receipts given to their company's workers? How many people have you heard say on Fox News that religion is a scam to manipulate the people? How many people on Fox News have said they support the Iraqi "freedom fighters'" attempts to liberate their country and any American soldiers dumb enough to get in their way deserve what they get? Is the number anywhere close to that of people supporting Bush's war?

      There is also the fact that facts are facts, and Fox News tells lies as a matter of practice. Go ahead and cite Dan Rather and I'll match you with any lie-filled hour of Fox News. Then there are still 23 hours of Fox News's lies left in that day, and every other day of Fox News also unaccounted for. That's how Fox News viewers end up thinking that Iraq still had a WMD program or had something to do with 9/11 and other such nonsense.

      Then there are the leaked memos from Fox News's executives telling the newsmen how to spin events in favour of Bush and the Republican Party, and the way they come down on affiliates who perform actual journalism that offends the Republican Party or big-business interests like Monsanto with the two in Florida. Fox News is everything that the right-wing blogosphere is making Dan Rather out to be and worse.

    17. Re:Well... by Ungrounded+Lightning · · Score: 1

      Or it could be that Fox is comparing centre and centre-right think tanks to right-wing think tanks, and you don't have a clue what "left-wing" is.

      I was paraphrasing a section of the research report. They, not I, were the ones who came to the conclusion that Fox News was quoting left- and right- tanks about equally but using longer quotes from right- tanks.

      The researchers in question, as near as I can tell, have constructed what may be the first OBJECTIVE measure of what is left-wing and what is right-wing (using the ADA ratings to define direction and the median congresscritter to define what constitutes the center - of US voter opinion). As such they seem to have more of a clue what "left-wing" is than anyone else on the planet.

      Now if you want to redefine "center" to be somewhere to the right of Attilla the Hun or left of Joe Stalin you can shovel thinktanks between the left and right sides of the fence in your own analysis to your heart's content. But I don't think that such redifinitions are at all illuminating for the purposes of this discussion.

      The issue at hand is whether Fox News is left, right, or center COMPARED TO THE US POPULATION, as estimated BY THOSE RESEARCHERS' METHODOLOGY - which admidts to multiple interpretations. I was pointing out how their results - and their own words - could be interpreted as a claim that Fox News was right in the middle - because the only right-bias was of a form that could be explained solely as making the quotes clear rather than giving one side more coverage.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  7. Fanboy by anonicon · · Score: 0, Flamebait

    Well, if you want to see the complete Fanboy mentality in full masticatory action, check out the Macrumors thread here. I got banned, can you?

  8. This is wrong... by the_skywise · · Score: 2, Insightful

    Freedom of speech protections apply to ALL individuals. Not just a selected profession.

    (Now individuals getting into a high government press conference... that's different...)

    1. Re:This is wrong... by Anonymous Coward · · Score: 0

      Of course, freedom of speech is not freedom from being sued, nor is it the right not to reveal your sources.

    2. Re:This is wrong... by karmaflux · · Score: 1

      For fuck's sake, asshole, this is not a freedom of speech issue. Someone violated an NDA and ThinkSecret paid them to do it.

      --

      REM Old programmers don't die. They just GOSUB without RETURN.

    3. Re:This is wrong... by the_skywise · · Score: 0, Flamebait

      Ah, so it's okay then for the government to assassinate individuals who leak what happens in Abu Gharib? Because someone violated an ordered of secrecy and Dan Rather paid them to do it?

    4. Re:This is wrong... by Anonymous Coward · · Score: 0

      what

      that is gibberish

    5. Re:This is wrong... by oliverthered · · Score: 1

      IANAL But I think you wrong.

      --
      thank God the internet isn't a human right.
    6. Re:This is wrong... by Anonymous Coward · · Score: 1, Insightful

      But there's specific mention of Freedom of the Press in the 1st Amendment. This would indicate that there is a privileged class here that gets extra protections.

    7. Re:This is wrong... by Anonymous Coward · · Score: 1, Interesting

      You people just won't fucking stop. There is a difference between a journalist protecting his source because

      a) the source revealed illegal activities, and may have committed a crime doing so
      b) the source revealed legal activities, and did commit a crime in doing so

      One deserves protection, the other doesn't. Now, I'll leave you to figure out which is which.

    8. Re:This is wrong... by wheelbarrow · · Score: 1, Troll

      What if someone violated Apple's NDA and reported on Apple employing slave labor to clean floors at company headquarters? In your world, karmaflux, the NDA violator would be in the wrong, get punished, and the slaves would still be slaves.

    9. Re:This is wrong... by Anonymous Coward · · Score: 0

      See post here

    10. Re:This is wrong... by chris_mahan · · Score: 1

      Oh I see:

      GI1:

      Captain, I think this is illegal, we should report it!

      GI2:

      Soldier, this is legal, now STFU and go back to sandbag city.

      So now if the soldier reports it, he falls under B.

      So he does not.

      What? But what if it was illegal after all?

      How would he know?

      He wouldn't. He's not a lawyer.

      That's the key point. You should be able to disclose anything, legal or illegal, because otherwise the authorities can define legal and since yanal, you stfu. You have effectively been censored. This is what the First Amendment of the Constitution of the United States specifically protects against.

      If I thought that "buddy" was raping a girl (he was not, they're kinky) and I trespassed to call the cops, would I have commited a crime? No. Because I was acting under reasonable assumption.

      If Joe says: Hey, let me know what color underwear your boss wears and I'll post it on the web, and FaithFul Employee snitches, can Joe not put that on the web?

      You people forget that this is only about money, and money, as a commercial interest, never trumps a citizen constitutionally guaranteed rights.

      I think I fell for the troll.

      --

      "Piter, too, is dead."

    11. Re:This is wrong... by dutky · · Score: 4, Insightful
      wheelbarrow wrote:
      What if someone violated Apple's NDA and reported on Apple employing slave labor to clean floors at company headquarters? In your world, karmaflux, the NDA violator would be in the wrong, get punished, and the slaves would still be slaves.

      Nice example, but, unfortunately, wrong:

      The NDA is simply a contract. In order for a contract to be valid, the object of the contract must be lawfull. In this case, the object of the contract would be to cover-up an unlawfull act (use of slave labor) thus the contract (the NDA) would be void, and karmaflux could not, then, be in violation of the NDA.

    12. Re:This is wrong... by idsofmarch · · Score: 1
      Wow, that's quite a leap of logic there.

      ThinkSecret's mistake was to solicit information in spite of NDA agreements thereby facilitating the breaking of a contract. The problem is not that ThinkSecret published the information, lots of rumor sites did and they're not being sued, but that ThinkSecret acquired the information through arguably illegal sources. If Apple assassinated Nick DePlume, then Apple would be commiting a crime...you know, murder?

      If a military officer leaked top secret information to the press, s/he would be subject to military discipline.

      A journalist who attained this same information would not be liable for the leak, however they would be asked by the court to specify who was their source, if the journalist refused, they would be jailed under contempt of court.

      Journalists understand that this may be needed to protect their sources and so accept this as part of the professionalism of the job--most jailed journos are eventually released, protected by the media's lawyers, and are hailed as heroes to their profession.

      Nick DePlume is going to have to accept that either he give up his sources or he's going to be in trouble, because he facilitated the breaking of NDAs; he did something illegal.

      Now, can bloggers be professional journalists? Of course, but they need to be subject to the same levels of professionalism that others journos are, otherwise he's just a pretender.

      --
      Anyone who whines about being modded down should be.
    13. Re:This is wrong... by Macadamizer · · Score: 1

      Well, I don't know that such an activity would make the contract void, but anyone (under an NDA or not) who came forward with such information would almost certainly be protected by whistleblower protections...

      --

      "That's not even wrong..." -- Wolfgang Pauli
  9. Some of the time. by AnFraX · · Score: 5, Insightful

    Blogging is just a medium through which to deliver content. Like any kind of writing, it can be good, or it can be crap.

    1. Re:Some of the time. by garcia · · Score: 2, Insightful

      As long as it isn't determined by what the Judge in the Apple case said... He claimed it was writers who were working for a commercial entity.

      Somehow I don't see the need for journalists to be identified by how they are compensated for their work. That kind of narrows the field of competition to conglomorate media sources and media outlets that may have financial control over the output of their writers.

      Sorry but just because we have lawmakers in the pockets of corporations doesn't mean we shouldn't be allowed to hear about it because of money.

    2. Re:Some of the time. by IthnkImParanoid · · Score: 1

      Since so many people/talking heads use the undeniable fact that most blogs are crap against this kind of argument, I thought I'd make the obvious corollary to Sturgeon's Law: 90% of blogs are crap because 90% of everything is crap. That includes you, network and cable news media.

      --
      It's nothing but crumpled porno and Ayn Rand.
    3. Re:Some of the time. by AnFraX · · Score: 2, Funny

      90% of everything is crap. That includes you

      Well, I would say I am only about 5% crap at the moment, and this is after a quite big meal too.

    4. Re:Some of the time. by IthnkImParanoid · · Score: 1

      Well, assuming you weigh 150 pounds, you have 7.5 pounds of shit in you. A dump that big would require surgery.

      Get well soon.

      --
      It's nothing but crumpled porno and Ayn Rand.
    5. Re:Some of the time. by Monkelectric · · Score: 1

      Think about fox news channel and tell me thats journalism? A study showed taht people who watched the daily show (self described "fake" news) were MORE INFORMED then people who watched fox news ("americas most trusted source"). And the reason? Fox is designed to support neocons, the daily show just tries to be funny.

      --

      Religion is a gateway psychosis. -- Dave Foley

    6. Re:Some of the time. by tod_miller · · Score: 1

      Sorry to add anything insightful to this thread but:

      You do not shit out everything in one go, assuming you eat more than one meal in a 9 hour time slot.

      An urban-myth (is there a word for things that are ture, but people think they are urban-myths? anti-myths?) type figure says that between 5lbs and 8lbs of partially digested red meat is lodged in your intestinal tract after the age of 50.

      So well, again, I apologise for sounding too involved with this... quick someone post goatse so we can get back to regular /. viewing! (and apologise to any mod who has to spend points modding down anyone who *does* post goatse!)

      --
      #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  10. no way, not a chance by joeldg · · Score: 2, Interesting

    one word:
    "NO"

    it is journaling and commentary.
    about the same thing as wasting your time reading the letters to the editor.

    1. Re:no way, not a chance by markmcb · · Score: 1

      Is it just me, or is this a HUGE contradiction?

      You say "it is not journalism, but it is journaling." Isn't journalism just another word for journaling? I fail to understand the difference. Capturing events on any given media is essentially the same. I don't see how you are delineating.

      --
      Mark A. McBride -- OmniNerd.com
    2. Re:no way, not a chance by joeldg · · Score: 1

      Journalism = a college degree
      Journaling = 14 year old girls talking about their feelings and writing in colored ink.

      big difference.

    3. Re:no way, not a chance by Spectra72 · · Score: 1

      You don't need a college degree to be a journalist or to even practice journalism. There are many respected college papers where the students (who may or may not be full blown journalism majors) are doing the exact same things, with the same high standards, as any city newspaper.

    4. Re:no way, not a chance by Anonymous Coward · · Score: 0

      So Think Secret is a 14 year-old-girl talking about his feelings and writing colored ink???

      He's reporting information. He does so consistently and regularly. He is also a journalist for his college paper, I believe. Yet because he doesn't have a college degree, he's not a journalist?

      What do you think about open-source software? Is it "software" only if written by somebody with a degree?

      Maybe I'll agree with the premise that 14-year-olds talking about what they had for lunch is not journalism. How do you apply that to think secret?

    5. Re:no way, not a chance by superpulpsicle · · Score: 1

      Unfortunately that's not how the world works.

      Music = Music degree, high level of instrumentation, great singer, voices etc.

      Platinum Hit Music = Garbage someone put together cause they know the studio producer and kissed alot of ass.

    6. Re:no way, not a chance by lgw · · Score: 1

      It's only a difference of competance, not of kind. I've certainly seen news stories where the reporter was expressing his opinion about events with exactly the level of thought of a 14 year old girl talking about her feelings in colored ink.

      I'm very bothered that we draw an arbitrary distinction based on a subjective judgement of quality.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  11. Short answer: no by karmaflux · · Score: 4, Informative

    Caveat: ThinkSecret is not a blog.

    --

    REM Old programmers don't die. They just GOSUB without RETURN.

    1. Re:Short answer: no by aristotle-dude · · Score: 1

      It's not journalism either.

      --
      Jesus was a compassionate social conservative who called individuals to sin no more.
    2. Re:Short answer: no by michaeldot · · Score: 1
      Caveat: ThinkSecret is not a blog.

      Precisely.

      So I don't understand why Apple: the New Evil Corporation That We All Hate (Just a Damn Shame They Make Nice Products) is relevant here?

      Saying that corporations have started attacking blogging is drawing a long bow, imho.

    3. Re:Short answer: no by tod_miller · · Score: 1

      But, what is a blog?

      Do you define it as online content? a technology? chronological postings of data? or just something that has a 'layout' and a 'republish' button.

      One more reason to hate blogs: they cloud issues.

      This is not about blogging, this is about freedom of speech and how it pertains to online sources of speech (textm video, flash media etc).

      How to real world laws translate, etc etc. I know nothing about the apple versus thinksecret (except for the /. articles I browsed) but I realise it has a greater consequence

      --
      #hostfile 0.0.0.0 primidi.com 0.0.0.0 www.primidi.com 0.0.0.0 radio.weblogs.com
  12. Depends on what you mean by "journalism" by wizbit · · Score: 4, Insightful

    What with journalistic ethics taking a number of hits over the past few years (Jayson Blair, Dan Rather, "Jeff Gannon", et al) - and, Mac rumor "blogs" aside, the mainstream media is beginning to pay heed to bloggers at all levels of the news cycle. Just recently Garrett Graf, who runs the political blog FishbowlDC, was granted access to the White House Press Briefing - the same thing Guckert/Gannon was maligned for attending without any "real" credentials.

    Graf is the former editor of the Harvard Crimson, but he's not a journalist in the traditional sense, and he represents the first "legit" blogger allowed into the press gaggle. I'd say that's a very positive sign.

    1. Re:Depends on what you mean by "journalism" by spoonyfork · · Score: 1

      Just recently Garrett Graf, who runs the political blog FishbowlDC, was granted access to the White House Press Briefing - the same thing Guckert/Gannon was maligned for attending without any "real" credentials.

      Guckert/Gannon was not maligned for receiving a press pass. He was maligned for receiving a press pass using a false name, lying about his journalistic credentials, and lying about his involvement in illegal prostitution. All of this is well documented on blogs and legit news outlets.

      (I don't want to step over the bounds into liberal conspiracy theories and bring up rsync with White House/GOPUSA press releases as "news", access to CIA Plume documents, and "go ahead Jeff" access to the press secretary and the President himself. Ooops. I just did.)

      --
      Speak truth to power.
    2. Re:Depends on what you mean by "journalism" by shanen · · Score: 1
      You are making a very strange combination there, comparing Rather to the other two cases, especially Guckert. Blair was probably led astray, but Guckert was dedicated to lying--and his entire journalistic career was based on lying about everything, especially his own background.

      In contrast, Dan Rather is a real journalist, and is dedicated to finding and revealing the truth. The simple truth is that Dubya skated out of Nam, and Rather was actively searching for all the evidence for and against that. The interesting thing about the fake letters is that Rather had no involvement in their creation. They were deliberate forgeries created by someone else to exploit the situation. There was lots of other evidence, but the letters were the kind of icing on the cake that any journalist would have loved to find--and they were carefully forged and delivered by some still unknown criminal with the deliberate intent of obscuring and destroying the truth.

      You can blame Rather for getting suckered, but you have to admit it was well done. And whoever did it is the real criminal--who apparently got away with the crime.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    3. Re:Depends on what you mean by "journalism" by wizbit · · Score: 1

      You are making a very strange combination there, comparing Rather to the other two cases, especially Guckert.

      All I meant by it was to point out, hey, journalism? - standards, not so great right now. Guckert was turned into more of a Bush administration scandal (and admittedly, not much of one) - and while I used to adore Rather and most of the nightly anchors, I was disappointed with his reaction to the investigation about the Bush Guard documents. They fucked up, he shouldn't have been quite so indignant about being investigated. I don't fault him per se, more his attitude, which revealed some obvious bias - never okay for a "just the facts" journalist as he's supposed to be.

      I don't buy the "someone wanted to bury Rather" or "someone wanted to bury the Kerry campaign" argument. Shit, the Kerry campaign did enough to bury itself without any help from CBS News. The best paranoid theory I think I heard by far was that Karl Rove was behind it. C'mon. It's not terribly surprising that with the pressure the networks are under, that there would be gaffes like this in reporting, and any speculation as to "the real killer" just misses the point.

    4. Re:Depends on what you mean by "journalism" by idsofmarch · · Score: 1
      Dan is just the last scapegoat in a series of mistakes and miscalculations, the fakes were very well done, however the producers failed to 'fact-check' the information.

      This failure is very different from Gannon/Guckert, a reporter who without credentials was still given access to White House briefings and when called upon gave an obvious party-line full of half-truths in place of a question while in the employ of a GOP party-mechanism.

      This is different from Blair, who under pressure from deadlines and his own inexperience, simply made up his stories and well as faking datelines.

      I agree, these are each entirely different problems that journalists have to face and avoid as professionals.

      --
      Anyone who whines about being modded down should be.
    5. Re:Depends on what you mean by "journalism" by Mike+Kelly · · Score: 1
      For our readers, here's more info on Talon News who "Jeff Gannon" "worked" for and a CNN report

      Just as the concept of "reporting" was revolutionized by the invention of the Gutenburg Press, we are witnessing another change, who knows if these changes will be better or worse... At least it'll be better than a Town Crier!

    6. Re:Depends on what you mean by "journalism" by shanen · · Score: 1
      Oh, so you think the fake documents just magically materialized?

      Sorry, but I think being gullible is different from deliberate lying.

      It's actually an interesting problem, when you think about it. Dan Rather's job as an anchorman is to be believable. However, would you believe someone who doesn't believe you?

      I didn't think so.

      The obvious conclusion is that someone in that trusted job is going to be at least slightly trusting.

      However, in this case, it wasn't just a matter of fooling one guy. The fake documents were good enough to fool several people. Much of that was just how closely they support reality--which is why I'm almost certain that they were at least based on some real documents. Almost certain the real documents have been burned, and I'm even more certain that making the fakes was a bigger crime for which no one has been punished. (At least not yet.)

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    7. Re:Depends on what you mean by "journalism" by Brandybuck · · Score: 1

      ...but you have to admit it was well done.

      Hah! Less than twenty four hours after the story broke the evidence was in tatters. All it took was some guy to say "hey, that doesn't look like a typewritten memo" and it was quickly dissected.

      p.s. Yes, proportional typewriters existed back then. For a good "geek" example of one, look at the opening title sequence to the Gerry Anderson's U.F.O. series. But also look at how that example still looks like it was made by a typewriter, and not by MS Word using the default settings.

      --
      Don't blame me, I didn't vote for either of them!
    8. Re:Depends on what you mean by "journalism" by shanen · · Score: 1
      No, the rumors were flying around very quickly--in fact, too quickly for anyone to know what was going on, though people like you already knew what you were going to believe. Go ahead, keep on running away from the real issues, you Bushevik clown.

      In this particular case, the *real* issue is who faked the memos.

      And the *real* truth is that Dubya skated out of Nam.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    9. Re:Depends on what you mean by "journalism" by Anonymous Coward · · Score: 0

      Why won't CBS reveal their source?
      Someone in the Kerry campaign or DNC no doubt.
      And what exactly did Gannon lie about? He has certainly been more forthcoming than Dan Rather.

    10. Re:Depends on what you mean by "journalism" by Brandybuck · · Score: 1

      Who can understand the leftist mind? I sure can't Months after these documents were exposed as transparent fakes, people are still accusing people of being "Busheviks" for not having the knee-jerk reaction that they must be real. It's bizarre. Truly bizarre. I'm called a Bushevik because I *doubted* some evidence. This is entering the realm of religious conviction! No, it goes beyond that into the realm of cults, because all mainstream religious allow for healthy skepticism.

      As for the information flying around too quickly, so what? Would you prefer that information not flow at all? Would you prefer that the truth be kept hidden?

      In this particular case, the *real* issue is who faked the memos.

      I don't think it was Karl Rove, but if it ever turns out that he did it, I want to shake his hand and buy him a beer. The cartoonish entertainment value of this is priceless. Rove is the Bugs Bunny to your bumbling Elmer Fudd. "Sure dear old grandmotherly figure, I'll run an expose on these documents! Say... you aren't that wascally wabbit trying to trick me are you?"

      --
      Don't blame me, I didn't vote for either of them!
    11. Re:Depends on what you mean by "journalism" by shanen · · Score: 1
      Projection, projection. Accuse the *OTHER* side of being irrational and fanatical. Do you feel better yet? Are you masterbating to the belief that you've convinced someone, *ANYONE*, of anything?

      Or are you going to quit running away from the real issues?

      Didn't think so, and no sense in reminding you of them again.

      Speaking for myself, I would simply prefer that truth be honored, not denigrated, ridiculed, buried, and otherwise abused. Just too bad for America that reality is very truth-based and *very* persistent, and the piper will be paid. Sooner or later, the piper is always paid.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    12. Re:Depends on what you mean by "journalism" by Brandybuck · · Score: 1

      Or are you going to quit running away from the real issues?

      The real issue is *journalism*, if you ever bothered to look at the Slashdot article title. Journalism. As in the top anchor (Rather) of the top network (CBS) being caught presenting obviously false documents as genuine. The real issue is that amateur bloggers are scooping the professional media. The real issue is that journalism as we know it will never again be the same.

      The real issue is Dan Rather, *formerly* known as "The Most Trusted Man in America". He fucked up. He fucked up on national television. He fucked up so bad that mainstream journalism may never recover from its lost reputation. Even ABC's exploding pickup trucks couldn't do that.

      Trying to blame this on Karl Rove is so pathetic it causes cognitive dissonance. I've met ufologists with a greater grasp on reality.

      --
      Don't blame me, I didn't vote for either of them!
    13. Re:Depends on what you mean by "journalism" by shanen · · Score: 1
      Funny, but *YOU* are the one who brought Karl Rove into it, though the tin hat crowd thinks so, too. I myself haven't seen any plausible evidence, and I really don't think Rove is that stupid. Actually, the touch about getting the intermediary recipient of the faked memos to burn the "originals" was the kind of diabolical cunning Rove is so often accused of. Whoever did fake the memos surely took precautions to make them untraceable, but getting rid of the physical evidence did eliminate any possibility of an error or oversight in those precautions.

      Ah, I see you've managed to divert me from the actual issues. You Busheviks are *SO* good at that. Also the projection thing. Accusing the other side of evading the "real" topic, when you're fixated on Dan Rather--and the "real" topic is supposed to be bloggers. Were you the original troll who brought Dan Rather into the topic in the first place?

      Still, there's room for squabbling about the deeper issues, I suppose.

      Truth.

      That's the underlying issue. Remember?

      Didn't think so.

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  13. Hmmm by Reality+Master+101 · · Score: 4, Insightful
    Online bloggers (in various forms) who pretend to be journalists are upset that courts ruled that bloggers who pretend to be journalists aren't really journalists.

    Hard to imagine why that would be the case.

    When everything that happens to be written becomes journalism, then the word journalism ceases to mean anything.

    --
    Sometimes it's best to just let stupid people be stupid.
    1. Re:Hmmm by sacrilicious · · Score: 2, Insightful
      When everything that happens to be written becomes journalism, then the word journalism ceases to mean anything.

      Then by all means, share: where is the dividing line between journalists and non-journalists?

      Is someone who worked as a formally annointed "journalist" for 40 years at a major newspaper still a journalist if they quit working for the newspaper and start a blog reporting on the same topics? What about someone who worked there for five years? For one year? Three months? One day? Someone who wanted to work at a paper but was rejected because of their political views? Someone who would never work for a paper because they believe conglomerate ownership stifles journalistic integrity?

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    2. Re:Hmmm by Anonymous Coward · · Score: 0

      When the state becomes the arbiter of who deserves journalistic protection, the 2nd ammendment ceases to mean anything.

    3. Re:Hmmm by Reality+Master+101 · · Score: 1
      Then by all means, share: where is the dividing line between journalists and non-journalists?

      As with porn, "I don't know how to define it, but I know it when I see it."

      I think what's important is the organization in which it's published. I know the New York Times is an organization that values journalism, therefore, people who work there are probably going to publish things to journalistic standards (this is ideal, of course). On the other hand, the Weekly World News has no journalistic reputation and thus we wouldn't consider their employees to be journalists. Note that both the NYT's writer and a WWN's write both write stories.

      Joe Blogger has no credentials of respect to offer. We simply don't know what process he uses to craft his pieces. Most blogging is simply opinion, which is NOT journalism.

      I don't know what the answer to this is, but I'll make a suggestion... perhaps there needs to be a professional journalistic organization that enforces standards among bloggers. If that organization builds enough respect, then members of that organization could possibly be considered journalists.

      --
      Sometimes it's best to just let stupid people be stupid.
    4. Re:Hmmm by Anonymous Coward · · Score: 0

      Well, it seems the court are going to define who is a jounrnalist and who isn't and journalists will get more first amdendment freedoms than the rest of us.

    5. Re:Hmmm by khallow · · Score: 1
      I don't know what the answer to this is, but I'll make a suggestion... perhaps there needs to be a professional journalistic organization that enforces standards among bloggers. If that organization builds enough respect, then members of that organization could possibly be considered journalists.

      The answer is to have a very liberal definition of what a journalist is and let people determine for themselves how much they should trust a journalist. The organization behind a would be journalist shoukd be irrelevant to whether or not that person is or isn't considered a journalist. Ie, it's what they do not what they are. Finally, opinion can be news and hence can be journalism particularly when it's opinion on recent occurances.

    6. Re:Hmmm by black+mariah · · Score: 0
      where is the dividing line between journalists and non-journalists?
      It's the same line as between a weatherman and a meteorologist. The same as the line between a creepy old man and a gynecologist. The same as the line between not knowing a fucking thing about the basic tenets of your supposed profession and being fully trained to do the job in the field you have chosen. The line is quite plain. One is a half-assed wannabe, the other actually knows what the hell they're doing.
      Someone who wanted to work at a paper but was rejected because of their political views?
      Someone so biased they can't get a job as a reporter has no business calling themselves a journalist.
      Someone who would never work for a paper because they believe conglomerate ownership stifles journalistic integrity?
      We call those people 'college students'. Then they grow up and become adults.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    7. Re:Hmmm by Reality+Master+101 · · Score: 1
      The answer is to have a very liberal definition of what a journalist is and let people determine for themselves how much they should trust a journalist.

      Unfortunately, that way leads to anarchy. Then anyone can publish anything citing "anonymous sources". If an "anonymous source" was publishing your financial records or your medical records, would you really want that source protected by a journalistic shield?

      Then you have the problem of a blogger just making up anonymous sources, just to launch vendettas against someone.

      That's why the organization matters. If the NYTs finds out that you're making up anonymous sources, then your ass will be fired. There is accountability.

      --
      Sometimes it's best to just let stupid people be stupid.
    8. Re:Hmmm by nine-times · · Score: 1
      When everything that happens to be written becomes journalism, then the word journalism ceases to mean anything.

      I don't think anyone is asking for "everything written" to be considered journalism. The question is, do we make the determination of an individual as being a "journalist" based on whether they're being paid by a large organization? If I do a bunch of research and write an article for the New York Times, I'm a journalist. If I do the same research and write the same article and post it on my blog, why aren't I a journalist then? Merely because I have corporate sponsorship?

      Well what if my page is funded by advertisements, just like a newspaper? What if I have some well-defined editorial process? Really, on what basis is the determination that someone is a "journalist" made? I might be a very good writer crafting well thought-out and well researched articles which serve the public good by informing people of the facts surrounding relevant issues in the news, but because I'm not on Rupert Murdock's payroll (or some other billionaire), I still wouldn't be a "journalist"?

      If that's true, then maybe the word "journalism" should cease to mean anything.

    9. Re:Hmmm by node+3 · · Score: 1

      Online bloggers (in various forms) who pretend to be journalists are upset that courts ruled that bloggers who pretend to be journalists aren't really journalists.

      Now if we could only get network "personalities" who pretend to be journalists ruled not journalists, we could actually make some progress!

    10. Re:Hmmm by zotz · · Score: 1

      Except that the real question that needs to be answered is whether anything other than an actual printing press is "the press" is it not?

      I mean, the law talks of freedom of the press and not freedom of journalism right?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    11. Re:Hmmm by Manchot · · Score: 1

      Heard of Rathergate? How about the Gannon/Guckert incident? In both instances, traditional journalists failed to find the truth, and it was uncovered by bloggers. Would you not call these people journalists?

      On the other hand, would you call every cable news stay-in-bed reporter a journalist? What of the local news anchors, most of whom have jobs which consist of reading off of a teleprompter and telling us what the Abu Ghraib scandal means for our weekend? Even Dan Rather had to admit that he made a huge mistake. The line is not fine at all.

    12. Re:Hmmm by sacrilicious · · Score: 1
      The same as the line between a creepy old man and a gynecologist. ... The line is quite plain.

      You're making your point using a technique called "straw man", where you present a contrast so obvious that it leads to an equally 'obvious' conclusion. When BTK was caught after 20 years, people who'd known him in church were shocked. The line between "creepy guy capable of terrible things" and "nice guy who holds the church collection plate" didn't seem quite so obvious for two decades there.

      Someone so biased they can't get a job as a reporter has no business calling themselves a journalist.

      That's what the party-controlled media tell folks in places like China. But even in this country, there are reasons other than "bias" that keep people out of big-media journalism. Maybe they don't want to be told what they can't report on, by either their bosses or the white house. Maybe they don't want to have to justify each topic in terms of readership and bean counters. Even having a problem with authority doesn't make someone a bad journalist per se.

      We call [people who think big media stifles creativity] 'college students'. Then they grow up and become adults

      I don't know if that's a widely held view or not, but even so it's a circular argument. People used to have no option but to work for established media. Now they have an option: blogging.

      The future is coming, and it's going to include a vastly more decentralized notion of trust and authority than we were used to ten years ago.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    13. Re:Hmmm by Anonymous Coward · · Score: 0

      If an "anonymous source" was publishing your financial records or your medical records, would you really want that source protected by a journalistic shield?

      My financial and medical records are not "news" and therefore wouldn't be protected by calling it "journalism". Now, lets say (as a totally ludicrous example, which in a world where kids can be arrested for terrorism by writing a paper about zombies taking over a school the falsehood of this example cannot possibly stressed enough) someone digs up Bush's OTHER tax papers, the ones he uses to report his 50% ownership of KBR to the IRS. THAT would be news, a story about a person in high command breaking the law and going to war dragging a massive conflict of interest behind him. Provided it was true, of course, though true or not, publishing it would probably just get you sent to Cuba ;)

    14. Re:Hmmm by black+mariah · · Score: 0
      You're making your point using a technique called "straw man", where you present a contrast so obvious that it leads to an equally 'obvious' conclusion. When BTK was caught after 20 years, people who'd known him in church were shocked. The line between "creepy guy capable of terrible things" and "nice guy who holds the church collection plate" didn't seem quite so obvious for two decades there.
      You miss the point. In all of the examples I cited the difference is the exact same, no matter how extreme (I notice you leave out the other two examples. Not enough straw for you?). One is a qualified expert in their field, the other is just some guy with an interest in that field. He may have the knowledge to do the job, but without the proper credentials he will never have the validity that a person with a degree or even some schooling in that field will have.
      That's what the party-controlled media tell folks in places like China.
      We're not in China (I'm not, anyway) and my comments have nothing to do with China. The fact is, a journalist's job is to write down facts. of course those facts will be filtered through personal bias, but if that bias is so blatant that it would keep you from getting a job then you simple are not a journalist. You are opinions page material at best.
      The future is coming, and it's going to include a vastly more decentralized notion of trust and authority than we were used to ten years ago.
      I agree completely. However, this does not mean that everyone who writes a blog is worth listening to, or that everyone with a blog is a journalist. The notion of trust is based on a person's qualifications, and those qualifications are based largely on schooling and experience. A man that quits his job of 40 years at a newspaper and starts his own blog is still a journalist. I, with absolutely no training as a journalist and absolutely no clue about the ethics of journalism, am not. Sorry dude, the line is quite clear.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    15. Re:Hmmm by Anonymous Coward · · Score: 0

      Bloggers remind me of public service wannabes that buy HTs and put lightbars on their cars so they can feel important. Of course, they really aren't public service. They're wackers. They don't help the situation. They only make it worse.

      Bloggers are the same way. They get press passes. They attempt to write in a "professional" way. They don't check their facts. Most of their so called "news" is random editorializing. They spread disinformation. Look at some of the 9/11 conspiracy nuts!

      If bloggers wanna be journalists so badly, why don't they try to work for a real news agency? Most of them probably couldn't do the job. They certainly couldn't get away with spewing all that misinformation they're used to spewing.

    16. Re:Hmmm by Anonymous Coward · · Score: 0

      Out of curiosity, what's your opinion of the wikinews project?

    17. Re:Hmmm by black+mariah · · Score: 0

      I honestly do not have one. If they can keep the bullshit to a minimum (no revert wars or anything of that nature) then it could be a useful, just like any other news site.

      This does NOT make the contributors journalists though. Writing something down does not make you a journalist.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    18. Re:Hmmm by Anonymous Coward · · Score: 0

      > it could be a useful, just like any other news site.
      >This does NOT make the contributors journalists though.

      So journalism is defined by something other than the outcome being useful news. Got it.

    19. Re:Hmmm by Anonymous Coward · · Score: 0

      >As with porn, "I don't know how to define it, but I know it when I see it."

      It's fine that you have a subjective opinion, but there's a problem when one tries to make such an opinion the basis of policy that must be carried out by others. This applies to the supreme court case on pornography as well (what are we gonna do, make THAT Supreme Court justice poke his head quickly into every court case involving pornography to render a quick opinion?).

    20. Re:Hmmm by khallow · · Score: 1
      Unfortunately, that way leads to anarchy. Then anyone can publish anything citing "anonymous sources". If an "anonymous source" was publishing your financial records or your medical records, would you really want that source protected by a journalistic shield?

      I don't see why it leads to "anarchy". Anyone can already publish anything citing "anonymous sources". And if someone publishes my financial or medical records, even if they be the New York Times, I have legal recourse to get those records removed and that source revealed.

      Then you have the problem of a blogger just making up anonymous sources, just to launch vendettas against someone.

      This isn't that big a problem. Being a journalist doesn't protect you against publishing stuff you know is false.

      That's why the organization matters. If the NYTs finds out that you're making up anonymous sources, then your ass will be fired. There is accountability.

      If the *public* finds out you're making up stories, then the NYT will fire you. That's the current state. Jason Blair, a notorious fabricator who worked at NYT for a number of months didn't get caught till he lied about meeting the father of Jessica Lynch (during the war, she was captured by Iraqi forces and later freed by US special forces). By that time, he had fabricated portions of at least 36 stories (half of the 73 stories he wrote during that time). Further, his activities had been suspected for some time, but he was protected by higher ups (who fortunately no longer work at the NYT). From what I gather, those higher ups in turn were directly appointed by the owners of the company.

      So let's summarize. We have a reporter who pretty much started fabricating stories from the start. Any reasonable audit would have turned up many of these problems and as a new reporter, someone should have been looking.

      My point here is that "accountability" as practiced in the journalist world isn't that useful. Ie, in the business world an independent auditor goes through the books and vets them. They don't do this only when a major scandal occurs, but every single year. If the auditors don't approve the books, then someone important gets fired. You still have a vast amount of room for scandal, but traditional news media doesn't come close to meeting that standard. Ie, for a news source to have true accountability, it should have a real outside accounting firm vet the reporters on a regular basis.

    21. Re:Hmmm by hesiod · · Score: 1

      > what are we gonna do, make THAT Supreme Court justice poke his head quickly into every court case involving pornography to render a quick opinion?

      If that happens, I hope I get the next open job!

    22. Re:Hmmm by black+mariah · · Score: 0
      So journalism is defined by something other than the outcome being useful news. Got it.
      Yes. You are entirely correct, even though you were attempting to be a smartass and failed. The process is just as important as the result.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
  14. You are asking the wrong question! by adolfojp · · Score: 3, Insightful

    Asking that question would be akin to asking "Are newspapers journalism"?

    I don't consider weekly world news with their bat boy news to be journalism. I don't consider mindy the teenager complaining about her miserable life journalism.

    Blogging is, nevertheless, a step forward for freedom of the press.

    Cheers,
    Adolfo

    1. Re:You are asking the wrong question! by IntelliTubbie · · Score: 1
      You're absolutely right! The real questions are:

      1. Is that abstract stuff really "art"? My 7-year-old niece draws better than that!
      2. What's up with that hippity-hop the kids are listening to? Is that really "music"? I can't even understand half of what Fifty Cents or M.C. Hammers are saying, much less make out a melody!


      Cheers,
      IT
      --

      Power corrupts. PowerPoint corrupts absolutely.

  15. Yes. by Anonymous Coward · · Score: 0

    1st amendment applies to all Americans equally.

    All free speech is journalism.

    No group of Americans has more rights than another.

  16. Is my diary a newspaper? by Telastyn · · Score: 1

    No. And shouldn't be given the same protection.

    That said. Think Secret from what I've seen isn't exactly a 'blog', as it resembles game news sites more than anything else.

    And boy do I hate that fucking term.

    1. Re:Is my diary a newspaper? by sgant · · Score: 1

      Though, if you do keep a journal on what you see everyday...you're "reporting" what your experiences are.

      If the "style" of your journal that you keep everyday of what you see and witness is the same as that of a newpaper...meaning "just the facts mam" is this still not reporting?

      If I keep an online journal of what I'm seeing everyday and I happen to see Apple employees unloading a new computer model that hasn't been released or even talked about..shouldn't I be able to post what I've seen? What if a tech-sheet happens to have fallen on the ground and I got a glimpse of that sheet and saw the specs of this new computer...could I not write about what I saw? Am I tied down? I mean, I witnessed it, I saw it, it's my journal, can't I just post what I saw?

      With this ruling, the courts are saying no, I can't do this. Free speech? Hello? Ok...what about me standing on a street corner just telling people what I saw...am I also banned from doing this too?

      Just wondering.

      --

      "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
    2. Re:Is my diary a newspaper? by Telastyn · · Score: 1

      There is a difference between 'just the facts' and many an online journal. Newspapers at least pretend an air of impartiality, whereas fanboy web sites often do not.

      Personally, I think that free speech vs trade secret is a better argument to make. Claiming special journalistic privledge only obscures the real matter.

    3. Re:Is my diary a newspaper? by mge · · Score: 1

      If I keep an online journal of what I'm seeing everyday and I happen to see Apple employees unloading a new computer model that hasn't been released or even talked about..shouldn't I be able to post what I've seen?
      You haven't signed an NDA. Therefore you can write. Of course, if you were walking within Apples' premises, there might bethe issue of tresspass or losing your job for blabbing company secrets. But yeah, go ahead, write...
      With this ruling, the courts are saying no, I can't do this
      RTFA - the judge wants them to own up about who spilled the beans, because there's reasonable suspicion that whoever spilled the beans has broken a contract (i.e. broken an NDA signed with Apple). Free Speech is protected in the USA. You are not necessarily protected from the consequences of speaking freely.

  17. playing devil's advocate.... by katenysh · · Score: 0

    Although I think that in this particular case the research was definately there, anyone can post anything they want online and call it news. I just think that since there are no guidelines to what can be called a news blog (in the objective sense) it's only fair that the bloggers are not given the same protections as "real" journalists.

    --
    Think for yourself, question authority
  18. Freedom of Speech, Freedom of the Press by 2nd+Post! · · Score: 4, Insightful

    So the real question:

    Isn't everyone protected by the First Amendment? If so, should everyone ALSO be protected as journalists?

    Why not?

    Why is my speech and my actions less protected than someone who works for CBS?

    I write on Slashdot; I write on LiveJournal; I write on my own set of forums and a private website. Why do journalists, but not citizens, get protected through journalistic shield laws?

    1. Re:Freedom of Speech, Freedom of the Press by rudabager · · Score: 1

      It is not what they wrote that they are being "punished" for, it is what they wont write. they wont say who informed them. That is obstruction of justice (IANAL). Someone broke the law and they arent fessing up. If they are considered journalists then they dont have to fess up according to the constitution. It is a fine, and croeked line . PS I think they should be protected as broadcasters/journalists.

      --
      If I wanted easy I wouldnt be an engineer or a patriot.
    2. Re:Freedom of Speech, Freedom of the Press by DeepRedux · · Score: 2, Informative
      This is not a First Amendment case. Reporters do not have a first amendment right to shield their sources. Reporters from the NY Times and Time magazine "may be jailed if they continue to refuse to answer questions before a grand jury about their confidential conversations with government sources regarding the leak of a covert CIA officer's identity, a federal appeals court ruled yesterday."

      This is a CA case and there is a CA shield law that gives reporters the right to shield their sources. There have been bills introduced to create a federal shield law, but they have not passed.

    3. Re:Freedom of Speech, Freedom of the Press by gkuz · · Score: 1
      Isn't everyone protected by the First Amendment?

      Yes, they are. But read what the damn thing says, first: "Congress shall make no law..." This particular case has nothing to do with Congress (or, as extended by the 10th Amendment, the states) making a law abridging the freedom of speech.

    4. Re:Freedom of Speech, Freedom of the Press by esme · · Score: 2, Insightful
      Isn't everyone protected by the First Amendment? If so, should everyone ALSO be protected as journalists?

      No.

      The reason why some states give journalists the right to shield their confidential sources is to encourage whistle-blowing and reporting about government abuses, fraud, etc. Though even on that ground, the courts aren't always willing to accept it (see the Plame/Novak case).

      There is no blanket right to shield confidential sources. Getting the scoop on MacWorld is fun and all, but it doesn't serve the public interest in any way.

      -Esme

    5. Re:Freedom of Speech, Freedom of the Press by nine-times · · Score: 2, Informative
      No.

      The reason why some states give journalists the right to shield their confidential sources is to encourage whistle-blowing and reporting about government abuses, fraud, etc. Though even on that ground, the courts aren't always willing to accept it (see the Plame/Novak case).

      Then why can't individuals be given the right to shield confidential sources in cases where the information is of a whistle-blowing nature, about government abuses, fraud, etc.? The Thinksecret case aside, if you're in a position to publicly disseminate information (as a blog-writer is) then why shouldn't you enjoy the same protections a journalist does? Merely on the grounds of who signs your pay-checks?

    6. Re:Freedom of Speech, Freedom of the Press by esme · · Score: 2, Insightful

      There are related laws to protect non-journalist whistle-blowers. They generally prohibit firing, reducing pay, changing work duties, and any other forms of retaliation.

      I think the reason why journalists are treated differently is because they are in a unique position to disseminate information quickly and widely. Blogs are changing that, though.

      I would expect a web-only journalist to be treated the same way as a traditional journalist. Though I would also expect a few years of court challenges before that's accepted -- the people trying to cover things up generally have better lawyers, and there are bound to be a few judges who come down on the wrong side before precedents are set.

      -Esme

    7. Re:Freedom of Speech, Freedom of the Press by revery · · Score: 1

      (or, as extended by the 10th Amendment, the states)

      what does that even mean? the 10th Amendment does not enforce the First Amendment on the States in any way shape of form. I may just be reading you wrong though.

    8. Re:Freedom of Speech, Freedom of the Press by idsofmarch · · Score: 1
      Your speech is protected, whether you are a truck-driver or a journalist, however you cannot incite others to break the law or a contract. Sheild laws protect journalists in the same way that whistle-blower laws protect others.

      The problem is not that Think Secret published the information, it's that Nick DePlume offered money to incite people who had signed NDAs to break their agreements with Apple. Nick, like many journalists before him, has a choice to either give up his sources' names in the interests of the court or to go to jail. Many journalists have served time to protect their sources and this is considered a part of the job. Journalists, like every other citizen, have no right to refuse a court order.

      --
      Anyone who whines about being modded down should be.
    9. Re:Freedom of Speech, Freedom of the Press by deblau · · Score: 2, Informative
      Not everyone's speech is protected by the First Amendment at all times. The classic counter-example is that you can't yell "Fire" in a movie theater. Some speech is routinely regulated. For instance, parties, witnesses, and lawyers to a pending lawsuit aren't allowed to comment about it, lest they violate the defendant's Sixth Amendment right to a fair trial.

      Journalists are given a wide latitude to speak, because they help keep our governmental processes open to public inspection, which is one of the policies behind having the First Amendment at all. Sometime when you have fifteen minutes to kill, read Nebraska Press Assn. v. Stuart, 427 U.S. 539 (1976). For a contrasting viewpoint severely limiting freedom of speech, read Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991), which specifically references Nebraska Press and says why it shouldn't apply to lawyers (skip to Rehnquist's opinion, part II).

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    10. Re:Freedom of Speech, Freedom of the Press by Macadamizer · · Score: 1

      "(or, as extended by the 10th Amendment, the states)"

      I think you've got things a bit mixed up here -- the 10th Amendment merely says that anything that isn't discusses in the constitution is for the states to decide.

      What you are probably thinking about is the concept of "incorporation" -- originally, the various amendments applied only to the federal government, not to the states. But the courts have used the 14th amendment to "incorporate" certain amendments to be the law over states as well. So, the 1st, 4th, 5th, 6th and 8th amendments (maybe a couple of others) are now the law of the land in the states by virtue of incorporation.

      A technical point, I admit...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    11. Re:Freedom of Speech, Freedom of the Press by Macadamizer · · Score: 2, Insightful

      "There are related laws to protect non-journalist whistle-blowers. They generally prohibit firing, reducing pay, changing work duties, and any other forms of retaliation."

      In addition, the "whistle blowing" must be complaining about something that is illegal, such as OSHA violations, labor violations, wage-and-hour violations, environmental violations, etc. -- it is not "whistle blowing" to share trade secrets, to discuss product or marketing materials (or other company confidential info), or to just generally bitch about the working conditions at your office...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    12. Re:Freedom of Speech, Freedom of the Press by mickyflynn · · Score: 1

      no, the 10th amdendment says the states don't have to honour the first amendment in their own laws. "Congress shall make no law..." therfor, as it is prohibited to the governmen, not to the states, nor is it prohibited to the states, it is reserved for the states. Constitutionally, States could set up their own official churches. The federal government can not. The 14th amendment might foul that up a little, but not much. Realistically, it's a no-win idea anyway. Judges don't actually read anything which says they shouldn't do anything.

    13. Re:Freedom of Speech, Freedom of the Press by revery · · Score: 1

      I'm with you 100%, I was just trying to educate the parent poster.

    14. Re:Freedom of Speech, Freedom of the Press by gkuz · · Score: 1

      As one of the other posters pointed out, I meant to say 14th. In my mind I was referring to the "incorporation" doctrine (controversial, I know) but my fingers somehow said 10th.

    15. Re:Freedom of Speech, Freedom of the Press by Anonymous Coward · · Score: 0

      Brandenburg vs. Ohio

      Please update your 19th century view of the world.

  19. Blogging isn't journalism.Journalism is journalism by aengblom · · Score: 4, Insightful

    Journalism is irrespective of any medium -- and that includes blogs.

    A journalist is a journalist whether they spread they spread their work through newspapers, magazines, trade publications, pamphlets, zines, radio, television, web sites, blogs or even as town crier.

    The medium is not the message.

    --


    So close and yet so far from the world's perfect ID number
  20. Blogs are not journalism IMO by Anonymous Coward · · Score: 0

    I don't see blogging as journalism, never did. Journalism is (supposedly) unbiased reporting of news and events, relaying facts and accounts. Most blogs i've read are more of someone's opinions on a piece of news or event. I would place the majority of blogs into the editorial bin as opposed to what i consider real journalism.

  21. Yes. by curtisk · · Score: 2, Insightful
    Yes, it is journalism, as in the act.

    But that doesn't mean that its the same as "big media", or that it demands the same consideration of conventional news services.

    Thats why some in conventional news media are bothered by blogging, they do their thing and they are playing by their own rules outside of the "corporate news sandbox". And yet they still have a ever growing audience that prefers them to the ol' standbys.

    --

    Sehr geehrter Toilettenbenutzer!

  22. Blogging is Journalism by Matarick · · Score: 1

    If a blogger can go into E3 and get press access, then blogging is journalism.

    Ssshh, don't tell the E3 people that or a lot of us gamers wouldn't find any other way to go into E3 without the press pass.

  23. Bloggers at the White House--and in court by anandpur · · Score: 0
  24. Question by AaronStJ · · Score: 3, Interesting

    Pardon my ignorance, but in traditional journalism, is the confedentiality of a source legally protected if the source is demonstrably breaking the law?

    As I understand it, Apple wanted the name of the source because whoever the source was, he or she was breaking trade secret or NDA laws. Would this (outlaw) source's confidentiality normally have been in another medium?

    --
    Stupid like a fox!
    1. Re:Question by rudabager · · Score: 1

      I think if they are going to break the law and the reporter knows this. That is obstruction of justice. In this case he broke the law by telling him so it was an act in the present not the future.

      --
      If I wanted easy I wouldnt be an engineer or a patriot.
    2. Re:Question by mark-t · · Score: 1
      But it hasn't been proven that any particular source _did_ break the law. That might be provable if the sources were known, but that's not for certain.

      If it turned out that none of the sources actually did break the law, then revealing them simply would have compromised _their_ privacy without actually furthering the cause of justice. (Further, because the magazine revealed their identity, they could be legally liable to their sources for revealing their names!) The premise of innocent until proven guilty should apply and they should have the right to keep their sources secret.

    3. Re:Question by Ironsides · · Score: 1

      Depends on what law is being broken and why. If you violate an NDA to report something such as a company that is doing illegal dumping or something that is illegal, the whistleblower is protected. This part has been tested in court multiple times.

      If you violate an NDA to disclose a companies business plans that in no way harm anyone (other than competing businesses), that is what this case is about.

      If you break an NDA and in the process cause harm, without there being any public good involved... Well, with reference to that CIA(?) agent whose name was disclosed, that's still in court but apparently not. (Case still in appeals process, though. Expect it to go before the US Supreme Court.)

      There are several different cases of this, each with a different reason behind it. The protections clauses are still (apparently) being decided over what should be protected and what shouldn't. Personally, I am curious about how different the think secret case is from Industrial Espionage, other than think secret not personally gaining money or working for another company. Course, they may be making prestige and money from links and they might be considered a company themselves but that is for another discussion.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    4. Re:Question by Rasta+Prefect · · Score: 1
      If it turned out that none of the sources actually did break the law, then revealing them simply would have compromised _their_ privacy without actually furthering the cause of justice. (Further, because the magazine revealed their identity, they could be legally liable to their sources for revealing their names!) The premise of innocent until proven guilty should apply and they should have the right to keep their sources secret.

      Without knowing who the sources are, Apple can't prove they did break the law. Apple does have reason to believe that somebody did, and were able to convince a judge that of that. So they subpoenas to find out who spilled the beans, then there will be a trial to determine whether the people in question broke a contract. To withhold evidence because Apple can't prove that anyone broke the law is tantamount to saying until Apple has absolute proof there can be no investigation. Pretty hard to enforce _any_ kind of law on those terms.

      --
      Why?
    5. Re:Question by mark-t · · Score: 1
      You're right, they can't prove they broke the law without knowing who the sources are. So it's a vicious catch-22 situation.

      To make things worse, even _IF_ they knew who the sources were, they still might not have proof that the law was broken. And if that were the case, the magazine could be financially liable to their sources for having revealed their names in the first place.

    6. Re:Question by yelvington · · Score: 1

      The problem arises from the existence in some jurisdictions, including California, of a "shield law" that protects journalists from having to reveal their sources.

      Most journalists strongly favor shield laws, because it helps them do their jobs -- a source can speak to a reporter in confidence, just as a client can speak to an attorney. Or a pentient to a priest, a husband to a wife, et cetera. There are several such cases where testimony may not be compelled.

      However, a shield law for journalists places journalists in the uncomfortable position of being "defined" by the government.

      As much as we journalists -- and I've been a journalist for more than 30 years -- want to be protected from ad hoc molestation by lawyers (representing any side) we also don't want the government defining who is, and who is not, entitled to be a journalist. We cling to the First Amendment rather fiercely.

      The First Amendment says no law may abridge "the freedom of speech, or of the press." It does not say anything about professionalism, or corporations, or newspapers. It's a human right belonging to all people that is recognized by the proscription on government interference.

      You see the dilemma.

    7. Re:Question by Anonymous Coward · · Score: 0

      No. You can't be sued for obeying a court order...

    8. Re:Question by CrimsonAvenger · · Score: 1
      Pardon my ignorance, but in traditional journalism, is the confedentiality of a source legally protected if the source is demonstrably breaking the law?

      Depends on the state in question, but, in general, yes.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  25. Yes! ... and no. by LoaTao · · Score: 1

    Which blog were we talking about?

    --
    The smartest man in the whole, wide world really don't know that much. - Mose Allison
  26. journalist protections? by Spazmania · · Score: 5, Insightful

    the judge's refusal to extend journalist protections to Think Secret

    Uh... last I checked, US courts do not recognize the notion that a journalist has the right to refuse to disclose a confidential source. More than one reporter has been thrown in jail for contempt of court over this. So, I'm not real clear here how Think Secret's treatment is any different than what a normal journalist would get?

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    1. Re:journalist protections? by Anthony+Boyd · · Score: 1

      Um, okay, I'll try to explain it. Note that I am just repeating what I picked up on an NPR broadcast, so right or wrong, I probably don't deserve credit. Anyway, apparently a large number of States in the USA have indeed put laws on the books granting journalists protection similar to client/attorney privelege. Now, this is all at the State level. At the Federal level, it is as you describe -- no protection for journalists beyond what any normal person has. However, and this is why it was on NPR, there is a national case underway (not involving Apple, it's the one involving 2 journalists who learned the name of a secret agent) that might set a precedent that journalists DO have protections. I believe NPR said there have already been rulings & appeals, and the judges decisions are ping-ponging back and forth.

      But even if journalists are ruled to have some kind of protection at the Federal level, I'm almost certain it will come too late for any appeals in the Apple case.

    2. Re:journalist protections? by node+3 · · Score: 1

      Uh... last I checked, US courts do not recognize the notion that a journalist has the right to refuse to disclose a confidential source.

      Uh... (god I hate posts that start with, "Uh...") you need to check harder. US courts do indeed recognize the notion that a journalist has the right to refuse to disclose a confidential source. That's why the asshole who outed Valerie Plame isn't in jail.

      What they don't recognize is an absolute and inalienable right to maintain a source's confidentiality. The difference is subtle, but there does exist, within the courts, the notion that you don't lightly take to throwing a journalist in jail for keeping a source confidential.

      First of all, it's about protecting the First Amendment's prohibition against abridging freedom of the press. It's reasonable to hold that a free press needs some level of protection against being forced to reveal sources.

      Second, the courts will throw journalists in jail for contempt of court, but often try to exhaust other means of gaining the information (from other people) first.

    3. Re:journalist protections? by bacchusrx · · Score: 1

      US courts do indeed recognize the notion that a journalist has the right to refuse to disclose a confidential source. That's why the asshole who outed Valerie Plame isn't in jail.

      That's false. Two journalists, Judith Miller and Matthew Cooper, have been held in contempt and ordered jailed for refusing to disclose their sources in the Valerie Plame matter. A federal appeals court recently upheld those rulings, on the basis that there is no First Amendment protection for journalists "to conceal the criminal conduct of his source."

      Robert Novak has not been jailed, but that's not because he's legally immune. As it stands, it isn't yet clear whether he's testified or even been subpoenaed in the case (and if he has, what he said). Neither he nor the prosecutor will say.

      Now, in terms of Apple's case against AppleInsider and PowerPage, we're talking about a California court in the context of a California Shield Law that specifically protects journalists from being held in contempt for refusing to disclose sources and notes (whether published or not).

      There may be no constitutional basis for the blanket protection of a journalist's sources, but in the case at hand we're talking state law.

      --
      Life after capitalism? The participatory economics project
    4. Re:journalist protections? by node+3 · · Score: 1

      I wrote:
      US courts do indeed recognize the notion that a journalist has the right to refuse to disclose a confidential source. That's why the asshole who outed Valerie Plame isn't in jail.

      You wrote:
      That's false. Two journalists, Judith Miller and Matthew Cooper, have been held in contempt and ordered jailed for refusing to disclose their sources in the Valerie Plame matter.

      In other words, the asshole who outed Valerie Plame isn't in jail? That doesn't bode well for your claim.

      A federal appeals court recently upheld those rulings, on the basis that there is no First Amendment protection for journalists "to conceal the criminal conduct of his source."

      And I never claimed the First Amendment gave journalists the right to, "to conceal the criminal conduct of his source."

      You're making the mistake of treating the issue as though it has to be absolutely a First Amendment guaranteed right, or not considered in the courts at all. I've stated that the courts do have a notion of the need to allow a journalist to keep their sources confidential. That's why Novak isn't in jail right now (either that, or he already sung, in which case it raises the question of why the other journalists are in jail).

      Allow me to spell it out more simply for you:

      The courts are nervous about forcing journalists to reveal sources. One strong reason behind this is the First Amendment. Although the First Amendment does not grant the inalienable right to protect the anonymity of your sources, it does make clear that a free press is of great importance. This is clearly what I meant by the courts having a "notion". You are absolutely wrong in thinking I'm wrong here.

      It was Novak who publicly outed Valerie Plame, but because the courts don't feel comfortable forcing journalists to talk if there's an alternative. In sort of an ironic way, the alternative resources for the courts in this case are other journalists, but Novak is at the center, so the courts are being consistent when going after the other journalists first. Novak has potentially violated federal law related to national security. The other journalists have not.

      What would you call it, if not a "notion" (which is the word the original poster used) where the courts take into consideration that they don't want to lightly force a journalist to reveal sources, but will still do it?

      You are right that the courts can and do hold journalists in contempt for not revealing sources. Unfortunately for you, I never claimed otherwise.

    5. Re:journalist protections? by bacchusrx · · Score: 1

      In other words, the asshole who outed Valerie Plame isn't in jail? That doesn't bode well for your claim.

      No, no, no. You said, that's why said asshole's not in jail. "That" being the squeamishness of US courts in jailing members of the press. That's not why. Novak is free for reasons that are at this stage indeterminate. Other people have been ordered jailed for failing to tell what he certainly also knows.

      You're making the mistake of treating the issue as though it has to be absolutely a First Amendment guaranteed right, or not considered in the courts at all.

      I'm not saying that at all. My point in responding to you was to address the misconception, which has been raised around here before, that because Novak appears to be getting away with it means that all journalists enjoy some blanket immunity against prosecution for keeping sources confidential. They don't.

      It was Novak who publicly outed Valerie Plame, but because the courts don't feel comfortable forcing journalists to talk if there's an alternative.

      The "courts" don't have anything to do with it, yet. It's the special prosecutor who's decided who to question and what to do about the level of co-operation of witnesses. Patrick Fitzgerald might not feel comfortable forcing Robert Novak to do something, but that's neither here nor there.

      --
      Life after capitalism? The participatory economics project
    6. Re:journalist protections? by node+3 · · Score: 1

      I'm not saying that at all. My point in responding to you was to address the misconception, which has been raised around here before, that because Novak appears to be getting away with it means that all journalists enjoy some blanket immunity against prosecution for keeping sources confidential. They don't.

      Yeah, and I've explicitly stated that journalists don't enjoy blanket immunity in these cases. Quit making the mistake that that's what I'm claiming.

      The "courts" don't have anything to do with it, yet. It's the special prosecutor who's decided who to question and what to do about the level of co-operation of witnesses. Patrick Fitzgerald might not feel comfortable forcing Robert Novak to do something, but that's neither here nor there.

      So in other words, the court is not forcing the asshole Novak to reveal his sources, but this has nothing to do with the notion that courts should think twice about forcing journalist's to compromise their sources?

      Listen closely: there is a notion, and it exists in the courts, that you shouldn't undertake to force a journalist to reveal their sources lightly. It's as simple as that.

      All you have for rebuttal is that there's no blanket immunity (which I never said there was), and that you don't know why the asshole Novak isn't in jail. Your case is not sound.

      My case is that there is simply a notion. I've consistently used that word throughout this thread because it's not a firm foundation, it's a notion. It's not a law, it's a notion. In other words, a journalist can't say, "you can't make me talk, I'm a journalist!" and be let off the hook, but the judge can demand (or even just strongly suggest) the prosecutor make other efforts first.

      Sure sounds like a notion to me!

    7. Re:journalist protections? by bacchusrx · · Score: 1

      So in other words, the court is not forcing the asshole Novak to reveal his sources, but this has nothing to do with the notion that courts should think twice about forcing journalist's to compromise their sources?

      No, in other words, we don't know (as in, you don't know, and I don't know). You're drawing conclusions about the temperament of the courts based on the fact that Robert Novak is free. That's mistaken, it's unnuanced, and that's the only point of yours I wanted to address.

      Obviously, courts in the US have considered that protecting the confidentiality of sources is important to the work of journalists and that the function of the press is essential to the function of democratic society. Two of the appeals court judges in this very case have said there could be a common law privilege regarding protection of sources in other circumstances (though, not in the context of Valerie Plame). So, I have no trouble recognizing there's a "notion" as you put it.

      What you said, at the outset, however, is that reluctance of the courts is the reason why Robert Novak hasn't been held to account. There's no proof of that.

      --
      Life after capitalism? The participatory economics project
  27. It sure is by Virtual+Karma · · Score: 2, Informative

    This is how Merriam-Webster Online Dictionary defines it:

    1 a : the collection and editing of news for presentation through the media b : the public press c : an academic study concerned with the collection and editing of news or the management of a news medium
    2 a : writing designed for publication in a newspaper or magazine b : writing characterized by a direct presentation of facts or description of events without an attempt at interpretation c : writing designed to appeal to current popular taste or public interest

    According to 'c' we are...

  28. Well, if LGF can bring down Dan Rather, then... by Mycroft_514 · · Score: 1, Interesting

    After all, the blogosphere had more journelistic integrity that Dan Rather, so either the Blogs are Journelism, or Dan Rather isn't. Tough call.

  29. What Bloggers Really Are... by Fitzghon · · Score: 1

    ...is bloggers.
    I agree with the court's ruling in this case. Most blogs that I read are statements of opinion, but that doesn't make them journalism. Yes, bloggers write on subjects of interest, but many do not even attempt to present well-rounded, unbiased arguments.
    The title of "journalist" should be reserved for those who are really journalists.

    Fitzghon

    1. Re:What Bloggers Really Are... by uncledrax · · Score: 1

      I have to put my $0.02 onto your view..

      Most Blogs are just collected thoughts/opinions..

      Journalism, regardless how you feel about certain agencies, should be goaled at reporting events, not conveying interpretations.

      Blog!=News

      --
      ----- The internet has given everyone the ability to have their voice heard equally as loud.. even if they shouldn't be
    2. Re:What Bloggers Really Are... by Anonymous Coward · · Score: 0

      > Yes, bloggers write on subjects of interest, but
      > many do not even attempt to present
      > well-rounded, unbiased arguments

      Strange, neither of our local newspapers, and most mass news media (TV, radio, USA Today, the New York TImes, etc, attempt to present well-rounded, unbiased arguments. A number of them are pretty light with the facts, too - especially in the world of television news.

      If they're "journalists" - and some people in the business argue that there are very few real journalists around - then so are bloggers.

  30. Journalism ain't constitutionally protected. by hey! · · Score: 1

    Freedom of speech and of the press are.

    Therefore it seems to be specious to deny to any private individual rights to publish something just because he lacks a certain institutional affiliation.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:Journalism ain't constitutionally protected. by gkuz · · Score: 1
      Therefore it seems to be specious to deny to any private individual rights to publish something

      Nobody was denied the right to publish anything in this case. They published it, didn't they? The court didn't order the site taken down, did they?

  31. The Question Isn't by DanielMarkham · · Score: 1

    Whether bloggers are journalists. It's obvious to most all who think about it that they are. The question is whether journalists should conceal sources that are doing criminal things.

    There is no special elite class of people called journalists. If there were, we'd really be in trouble. Everybody's got a point of view and a story to tell. That's the beauty of free speech. My CNN is your Fox News. Your local weekly rag is my neighborhood newsletter. My esteemed orator is your empty-headed shyster.

    But using free speech to cover up somebody leaking information to hurt a company is wrong, blogger or no. The judge made the right call.

  32. Just as White House gives blogger press pass. by matman · · Score: 2, Interesting

    According to CNN , the White House just gave a blogger, Garrett M. Graff (of Fishbowl DC) a press pass. If blogging doesn't count as journalism, it will soon.

  33. WEB == BROADCAST? by rudabager · · Score: 1

    California law says that broadcasters are protected...

    well...

    Broadcast: To simultaneously send the same message to all the users on a network.

    What is a webpage but a broadcast, and a web browser but a client for viewing the broadcast. I understand that the browser requests the site but still. A multicast client has to request a join and that is still a multicast.

    --
    If I wanted easy I wouldnt be an engineer or a patriot.
  34. Wrong Question by Ironsides · · Score: 2, Interesting

    The question is not "Is blogging Journalism".

    The question is "Is this an instance in which the Shield Law(s) was meant to be applied".

    Blogging as journalism is debatable. But it is protected under the first amendment. That part can not be in question. However, protecting sources that reveal confidential information, when there is no public (necessity/safety/whatever word you want in here) as in the case of the Pentagon Papers, Whistleblowing or otherthings, is what this case was really about.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    1. Re:Wrong Question by gimpynerd · · Score: 1

      Which is where I am coming from. If "journalism" today is true journalism then blogging is indeed a form of journalism.

  35. Restriction by Telvin_3d · · Score: 1

    The restriction of what is legally recognised as Journalism to commercial news entities is a scary thing.

  36. journal, journalism, journalist defined... by zonker · · Score: 0

    here's how webster defines these terms:

    Main Entry: journal
    Pronunciation: 'j&r-n&l
    Function: noun
    Etymology: Middle English, service book containing the day hours, from Middle French, from journal, adjective, daily, from Latin diurnalis, from diurnus of the day, from dies day -- more at DEITY
    1 a : a record of current transactions; especially : a book of original entry in double-entry bookkeeping b : an account of day-to-day events c : a record of experiences, ideas, or reflections kept regularly for private use d : a record of transactions kept by a deliberative or legislative body e : LOG 3, 4
    2 a : a daily newspaper b : a periodical dealing especially with matters of current interest
    3 : the part of a rotating shaft, axle, roll, or spindle that turns in a bearing

    Main Entry: journalist
    Pronunciation: -n&l-ist
    Function: noun
    1 a : a person engaged in journalism; especially : a writer or editor for a news medium b : a writer who aims at a mass audience
    2 : a person who keeps a journal

    Main Entry: journalism
    Pronunciation: 'j&r-n&l-"i-z&m
    Function: noun
    1 a : the collection and editing of news for presentation through the media b : the public press c : an academic study concerned with the collection and editing of news or the management of a news medium
    2 a : writing designed for publication in a newspaper or magazine b : writing characterized by a direct presentation of facts or description of events without an attempt at interpretation c : writing designed to appeal to current popular taste or public interest

    while a blog could be considered a journal, it appears less so that a blogger could be considered a journalist that practices journalism. interestingly, the definition differs when looking at different english language dictionaries. take for example this one which would seem to exclude most types of blogging without question due to the limits of the media listed...

    1. Re:journal, journalism, journalist defined... by Anonymous Coward · · Score: 0

      That is simply because the definition has not caught up with the current media outlets.

      Some dictionaries actually call out "Newspaper, magazine, radio and television". But if you looked at a dictionary from the 30's, it would not say "television". So in the 50's, did people argue all day about weather news on TV was or was not journalism becuase their dictionary hadn't caught up with technology yet?

      To hell with decades old definitions of what journalism WAS. The question was essentially, what is journalism TODAY.

  37. It's all free speech and deserves protection! by Beetjebrak · · Score: 1

    Gee, I actually hold a degree in journalism.. sweet. This is about the first topic on slashdot that actually fits with what I studied for. On topic though. It may not be journalism in the traditional sense of mass push-publishing that the older generation is used to.. ;-) It is however still free speech, which should be protected just like every other instance of free speech. I don't care if the author writes his articles under the banner of some large media company or on his private blog. The articles don't change and neither should their rights.

    --
    Learn from the mistakes of others. There isn't enough time to make them all yourself.
    1. Re:It's all free speech and deserves protection! by Secret+Agent+99 · · Score: 1

      So, do those rights include soliciting a company's employees or contractors to disclose confidential information (where the company is not involved in any wrongdoing)?

    2. Re:It's all free speech and deserves protection! by Beetjebrak · · Score: 1

      Company employees should be smart enough not to divulge any information to any outside party without permission from management. If they do, well that's just plain stupidity. I personally would have no qualms about publishing information I get from an employee of any company _on the record_ , as long as it's newsworthy. I'm free to gather my news in whatever way I see fit, as long as I don't break any laws doing it. If someone incriminates themselves when I ask them a question, that's not _my_ problem. It's common decency among normal journalist to protect the innocent source, such as private individuals who don't have any experience in dealing with media (this excludes movie stars, politicians, big company CEO's etc.), against themselves. I'm not going to protect any company or public person against itself. They should have hired proper PR or just suffer the consequences of their own stupidity.

      --
      Learn from the mistakes of others. There isn't enough time to make them all yourself.
    3. Re:It's all free speech and deserves protection! by Secret+Agent+99 · · Score: 1

      "as long as I don't break any laws doing it"

      In the United States, there's the Uniform Trade Secrets Act. Looks like Think Secret may well have broken it.

      As I understand the UTSA (IANAL, yadda yadda), the alleged infringement happens when you entice someone to spill something they shouldn't, and then you go and repeat that info despite knowing that it's likely a trade secret.

      Even without such a law, if I'm reading your post correctly enticement is over a line; it's not merely someone inadvertently saying too much in an interview, it's both source and reporter setting out to expose confidential information. (I'll repeat the part about no-wrongdoing-involved, because a lot of people seem to think if Apple gets its way then whistleblowers are harmed. I strongly disagree with that one.)

      Now, in the case of Think Secret, the site is plastered with invitations to "insiders", including one that offers to make anonymous insiders "contributing editors" to the site. Even by the fairly liberal standard of journalistic ethics you described, that sounds egregious to me.

    4. Re:It's all free speech and deserves protection! by Beetjebrak · · Score: 1

      There is no such law here (The Netherlands, we have more funny laws) so that's where things may be different. In my daily practice employees of larger businesses are more or less trained to immediately plug my phonecall through to a PR person. Which is what I think any responsible company should implement as a policy. I still don't feel particularly sorry for Apple. If a company wants something kept secret, they'd better make sure their employees don't go talking to every joe about it.. especially not the press.
      Now a journalist misrepresenting himself as just a regular private citizen is where I personally draw the line and it's a legal problem as well. Also, I often get information that is clearly stated as off the record. Publish that, and you'll never get any useful info from that source again plus it's usually plausibly deniable so your reputation is instantly down the plughole. It's a kind of checks and balances system that works fairly well in my daily practice. No real need for trade secrets laws. It's everyone's own responsibility to keep your private things secret. Goes for corporations and individuals alike. Like I mentioned in my previous post, I regularly protect individuals against themselves by not publishing things that could possibly harm them.

      --
      Learn from the mistakes of others. There isn't enough time to make them all yourself.
  38. spectrum by kebes · · Score: 1

    As often occurs, I think one of the problems here is that some people (and especially the legal people) want a clear cut-off between "journalist" and "non-journalist." In the real world, such sharp boundaries do not exist.

    I think blogging is really highlighting the fact that this boundary does not exist. Is there really a fundamental difference between a well-written and researched blog and an article written by a journalist and then posted online?

    Basically we have a spectrum from "crappy ranting blog" to "mediocre blog" to "good blog"/"decent online article" to "great blog"/"online article" and finally "articles in highly respected newspapers," etc.

    We will never come up with a satisfactory definition. So perhaps each case should be judged on its own merits?

    1. Re:spectrum by Beetjebrak · · Score: 1

      I sometimes write for highly respected news outlets. Yet when I blog, I'm suddenly not a journalist anymore?

      --
      Learn from the mistakes of others. There isn't enough time to make them all yourself.
  39. Blog = Journal by Anonymous+Custard · · Score: 4, Interesting

    A blog is an online journal. A journalist is "one who keeps/writes a journal". So how is a TV Anchor more of a "journalist" than a blogger?

    The spirit of the law is to let the truth get out without compromising the truth-teller's safety / privacy. I think using it to provide insider info that may break NDA's about upcoming products is unfortunate, but we must defend it or else real whistleblowers, such as someone ratting out a pharmaceutical cover-up, will be afraid to tell their story, and the public will get hurt.

    I don't agree with the KKK, for an extreme example, but I do agree with their right to speak their minds; and the same goes for thinksecret.com: I think it's sneaky to sell apple's private product info (paid informants, or just ads on the site) and then protect the transaction under the cover of journalism, but to protect other bloggers conveying more vital issues, we must also protect thinksecret.

    Similar points raised in http://slashdot.org/comments.pl?sid=141361&cid=118 47784

    1. Re:Blog = Journal by Anonymous Coward · · Score: 0

      How stupid do you have to be to deliberately misinterpret the definition of journalist?

      Yes, "one who keeps a journal" is *a* definition of journalist. Is it the relevant one? Does it relate to this case in any way, shape, or form? Or is this instead a stupid argument?

      Don't throw around a "journalist is one who keeps/writes a journal" like somehow you've been insightful and intelligent. In fact, you've dragged the discussion down to levels in which people needlessly argue over the definition of the word when it is abso-fucking-lutely clear what definition is the acceptable one.

      This is not interesting, insightful, relevant, and does not in any way contribute to the discussion. It detracts from it. Please, please do us all a favour and never use this argument again.

      Your second point about protecting truth-teller's safety is a good one.

      Comparing a journalist's rights to the KKK's freedom of speech is stupidity once again.

      Just because you can type and form a sentence doesn't mean that it's an intelligent argument.

      It's absolute insanity to compare whistle-blowing to someone who is trying to scoop a company on a product announcement. To argue that these two people deserve the same level of protection is fucking bullshit. The protection can be given to whistle-blowers without giving it to pipsqueaks like these asshole scoopers.

    2. Re:Blog = Journal by SpongeBobLinuxPants · · Score: 1

      A blog is an online journal. A journalist is "one who keeps/writes a journal".

      Then by your definition a 15 year old girl's writings about how cute the boy is sitting infront of her in science class is journalism?

    3. Re:Blog = Journal by Anonymous Coward · · Score: 0

      You are confusing the dictionary definition of the noun journalist with the job description. They are not one and the same. A journalist is someone who reports factual news items (most often public information, if not illegal activity) in order to make a living. I post here and other places. I post factual public information and opinion. Am I a journalist? No. Why? Because I don't do it to make a living. If I say something and it turns out not to be true I don't lose my job over it.

      Journalists have to be responsible or they don't last long (or shouldn't, anyway). They have to earn a public trust by reporting factual public information. Journalists (if ethical, but that's another argument) do not break the law to report information. They do have a responsibility, like all Americans at least, to point out wrong doing (criminal activity), but do not have the right to break the law to report confidential information, especially if that information is not relative to illegal activity by the source.

      Bloggers are not be definition (or job description) journalists, but some journalists are bloggers.

    4. Re:Blog = Journal by fatalb7 · · Score: 1
      I don't agree with the KKK, for an extreme example, but I do agree with their right to speak their minds
      So you'd have agreed with Hitler talking, then being elected like he did...
      Now, It's different here in Europe, you have the right to speak, not to say horrible things about any kind of people or to insite to violence, racial hate, etc.
    5. Re:Blog = Journal by cowscows · · Score: 1

      You're right. In fact, we should approach all laws like this. It's unfortunate that some people use violence to try and hurt innocent people, but on the other hand, sometimes people use violence in self defense.

      It wouldn't be fair to condemn these people, and since violence is violence, we can't condemn a criminal for hurting someone either. It's unfortunate, but we have to!

      Give me a break. I don't understand why so many people are trying to boil this down to simple semantics. A journalist is "one who keeps/writes a journal"? Really? Is that why I subscribe to the news paper? To read a bunch of journals? No, I read to find useful and generally confirmed information, or at least proof read opinions, which are clearly marked as such.

      A Blog is an online journal? Is it always? I think there are probably about a zillion different types of blogs out there. Placing the livejournal of a fourteen year old girl under the same category as a constantly updated analysis of political strategies written by some forty year old DC resident doesn't accomplish anything productive.

      Just as there are lots of different people, there are lots of different blogs. The only thing that makes them all blogs is the fact that they're on the internet, and maybe a basic organizational scheme. The content, and the quality of the content is entirely independent of that, and the content is the only thing that should be an issue when considering whether or not it is "journalism".

      Not all things are of equal value. Not all things should be measured the same way. Trying to group the world into neat little packages and simple definitions is not going to get you anywhere.

      --

      One time I threw a brick at a duck.

    6. Re:Blog = Journal by Anonymous+Custard · · Score: 1

      Thinksecret isn't a 14 year old girl's diary, and that forty year old DC resident may well be delusional and insane and publishing from an asylum.

      Is that why I subscribe to the news paper? To read a bunch of journals? No, I read to find useful and generally confirmed information, or at least proof read opinions,

      That speaks nothing for the quality of the newspaper. Not all things are of equal value, you know. Not all things should be measured the same way. You could be subscribed to Jeff Gannon's Talon News, for all I know.

    7. Re:Blog = Journal by mdwh2 · · Score: 1

      A Blog is an online journal? Is it always? I think there are probably about a zillion different types of blogs out there. Placing the livejournal of a fourteen year old girl under the same category as a constantly updated analysis of political strategies written by some forty year old DC resident doesn't accomplish anything productive.

      But journals of 14 year old girls aren't going to need journalist protections in the first place, so whether it is Journalism or not is a irrelevant.

      The question is, if she did post something that caused legal problems, and where she would benefit from journalist protections, why should she not be allowed them simply because she writes on LiveJournal, or doesn't write things like an "updated analysis of political strategies "?

    8. Re:Blog = Journal by cowscows · · Score: 1

      You're using circular arguments, and then posing a question that entirely contradicts that. You're dancing around the question.

      Is all writing (excluding intended fiction) journalism? I think you can make a good argument that the answer is no. I'm not sure if it's possible to come up with a good, clear, and simple definition of journalism that will always be applicable. That being the case, people tend to be going to either extreme, saying blogs ARE journalism, case closed! Or blogs ARE NOT journalism, case closed!

      To try and make an all-inclusive definition of a word such as "blog" reflect its value towards something as nebulous as "journalism" is an exercise in futility, and doesn't help make the situation any clearer.

      Could a fourteen year old girl create a blog on Livejournal that served as a good example of journalism. Sure. I bet if you searched for a while, you could find a few. And those examples should be recognized for the quality and usefulness that they provide. But does that mean that all 14 year old girl's weblogs should be considered journalism? No. That'd be foolish.
      I know it sucks that the world is so complicated. I really makes things difficult that we have to dig through all these levels of gray, instead of everything being black and white. But that's just how it goes, and trying to distill things down is not going to help. For every example or analogy I come up with, anyone should be able to come up with a good counter example. That's how big and complicated this issue is.

      --

      One time I threw a brick at a duck.

    9. Re:Blog = Journal by cowscows · · Score: 1

      I entirely agree with you. That's actually the point that I was trying to get across. Everyone seems to be trying to figure out, "are blogs journalism?" But like you said, not all things are of equal value. Some blogs most certainly are journalism. Others, like my website, are stupid rants, and utter crap.

      If the court decides that Think Secret does not represent an journalistic publication, and therefore does not deserve journalistic protections, that's not the same as the judge saying that all blogs are worthless and don't deserve first amendment rights. Yet that seems to be the crux of Think Secret's defense.

      There are plenty of blogs that I read every day to learn more about world events, or even local events. There are also others that I read about to see what my friends are up to. I read still others just to be amused by goofy writing and funny pictures. And I fully understand the differences between them. The one thing that makes them blogs is similarities in the technology used to publish them. It has nothing to do with the quality of content of the sites. They should not be considered the same by any other measure, and so it's expected that different laws will apply to them differently.

      --

      One time I threw a brick at a duck.

    10. Re:Blog = Journal by Anonymous+Custard · · Score: 1

      Good point; the tech used doesn't make them a logical group. The funny pages in a newspaper might be printed on the same sheet of paper as an article about the Senate foreign relations committee, but it doesn't mean the content is related or groupable in any way.

      In my opinion, news and analysis and predictions about which way a popular company's products lines are heading is certainly journalism and news; but I guess the judge thought otherwise.

      So I guess it's the judge who decides - I would like to ask the judge what criteria he uses to define a journalist who should be protected under this law, and explain why Thinksecret didn't qualify. And then I'd like to see the legislature clarify the wording in the law.

    11. Re:Blog = Journal by cowscows · · Score: 1

      Well, the thinksecret case needs to prove two points, as I see it. I'm not a lawyer, so this is just opinion, but I'm sharing anyways.

      First, to win they're argument, they have to convince a judge that they're a legitimate journalistic website, and as such should be protected by those applicable journalist laws. I don't know how familiar you are with ThinkSecret, but I've been reading it on and off for years, and I'm not sure I'd consider it journalism as much as I'd call it rumor-mongering. There is certainly a difference, one of the most important being the expectation to admit when you're wrong, something that TS is loath to do.

      The second thing that TS needs to prove is that the actions they are defending are even legally protected by journalistic shield laws. And from what I've been reading, that's questionable. The "I'm a journalist" defense is not all encompassing. Just as there are some practical restrictions on free speech as a whole, even journalists have legal limits. And sharing trade secrets that you should reasonably know are supposed to be under an NDA might fall outside of those limits. TS has been around for a while, they most certainly were aware of Apple's extreme secrecy and consistent use of NDA's.

      I'd be reluctant to have the law try and write out a standard legal definition for a journalist. First off, it seems like a daunting task just to begin with, and any result would likely be so complicated that it really wouldn't make a case like this any easier to decide. Secondly, I think that something like this could easily backfire against the world of blogs and small-time independent publishers, because if forced to make a more declarative legal definition of journalism, the legislature might end up being very conservative, and unfairly leave out a lot of people who do valid work. Third, it's just as likely that somewhere soon down the line, more advances in technology will lead to all new ways for people to share information, and once again the definitions and laws will become problematic. What happens when broadband and video streaming becomes so commonplace that anyone can create their own "TV news" shows. It'll be over the internet instead of the television, but it'll be sort of the same. And just like blogs right now, some will be excellent sources of ideas and information, some will be utter crap, and some will be inbetween, creating a lot of confusion for the public at large.

      --

      One time I threw a brick at a duck.

    12. Re:Blog = Journal by mdwh2 · · Score: 1

      I'm not sure how my arguments were circular. To rephrase my second question: Either a 14 year old girl's LiveJournal causes legal problems that require journalist protections, or it doesn't. If it doesn't, it doesn't matter whether we consider it "Journalism" or not for these purposes. If it does, then I think it is something which should be considered "Journalism".

      Perhaps the question should be rephrased from "Are blogs an example of journalism?" to "Should journalist protections apply to blogs?" The only important thing as far as the former question is is whether it is Journalism for the purposes of these laws, and not whether it might be considered Journalism in some more general sense.

      When we talk about things such as free speech for example, I never see a whole load of people making jokes about "Oh, so now a 14 year old LiveJournal user has the legal right to post what she had for breakfast! How stupid! Why do we need to waste space in the Constitution for that?" - clearly free speech laws are there not just for trivial things. But everytime something comes up about rights with respect to blogs, that's exactly what seems to happen..

    13. Re:Blog = Journal by cowscows · · Score: 1

      The whole point of my argument is that "Should journalist protections apply to blogs?" isn't a valid question, because "blogs" are not a coherent type of media in any sense other than a generic set of technologies used to publish them. And that technology does not make the content inherently valuable or worthless.

      Some blogs are journalism, some are utter crap, some are in between. It really should be taken on a case by case basis, and the judge ruling against ThinkSecret's journalistic value should not mean that all blogs are forevermore considered worthless garbage in the eyes of the law.

      The world is too complicated to be broken down into black and white definitions. That's why lawyers get paid so much money to muck around with all the details. It sucks that it has to be this way, but if you try and boil things down to a statement as simple as "All blogs are journalism and deserve legal protections", or the opposite, you're going to be causing problems.

      --

      One time I threw a brick at a duck.

  40. Blogger resumes.... by Stevarino · · Score: 2, Funny
    2001-Present

    Web Journalist
    myblogsite.com - maintained database of award winning critiques about my life and the world.
    1998-Present

    Software Tester
    Tested thousands of software packages from a newsgroup database and performed quality, speed, and bug evaluation tests.
    2000-Present

    Auctioneer
    Designed and presented auctions for a variety of materials on one of the most popular web-based auction sites.
    1997-Present

    Marketing Professional
    Skilled at utilizing underused servers to send thousands of advertisements to double opt-in prospects via electronic mail.

  41. Fanboys can't handle the truth. by Anonymous Coward · · Score: 0

    "Cognitive Dissonance" I beleive is the term for it.

    Note that you have been viciously modded down by them for pointing out an ugly truth.

  42. What about "Jeff Gannon"??? by Anonymous Coward · · Score: 0

    He is a GAY prostitute you know.
    Left Bloggers outed him.
    That is more newsworthy than Dan Rather falling for one of Karl Rove's dirty tricks.

  43. why we want apple to win by Anonymous Coward · · Score: 0

    Yes I agree Bloggers are not journlist per se, because like Drudge they slant the truth for their own causes. The real guts of journlism is not slants and versions of the truth its the truth or about the truth, reporting what is out there. That is factual and has some facts to back it up.
    Now as to this case, we scream the government should stay out of the web, and that its laws do not govern the web. If thinksecret wins, does that mean the government can now intervene in things that we did not want them in before? If apple wins, this just means that the government can not extend it boundries to the internet. Whereas thinksecret wins it sets a precendent for the government to censor and intervene as they need to.

  44. But if there's such a right by the_skywise · · Score: 1

    given to "journalists" (and there is a sort of inferred right because the court just decided that bloggers don't have the same "rights"), then such a right should be granted to all individuals performing a "journaling" function.

    1. Re:But if there's such a right by Anonymous Coward · · Score: 0

      If you realize that this "right" isn't about freedom of speech then why do you insist on bringing freedom of speech up?

    2. Re:But if there's such a right by paradizelost · · Score: 1

      However, violating a contractual agreement, i.e. an NDA, is breach of contract, and Apple wants to know who is in breach of the contract, otherwise, why even have the NDA's?? It'd be like saying "hey, you , you want some corporate secrets, here you go, give them to anyone" While i don't agree with what apple did here, i do see why they did it.

      --
      "In a world without walls and fences, who needs Windows and Gates?"
  45. iBLOG! by drewzhrodague · · Score: 1

    I blog. I am not a professional journalist, though. That being said, I should *STILL* be able to say what I want, and not have to divulge my sources to anyone. Hell, I could be full of shit, or spot-on dandy. I should not fear being sued or violating other people's personal information for what I post in my blog, however.

    It's almost scary, I take lots of pictures with my cameraphone, and it would be too bad if I had to worry about what it is that I take pictures of.

    --
    Zhrodague.net - I do projects and stuff too.
    1. Re:iBLOG! by 3nuff · · Score: 1

      You do have to worry about what you take pictures of with any camera. Have you ever tried to take a photo near any sort of government building? As an amature photographer I can attest to the fact that security guards will pester you about even setting up near their building with a camera, let alone taking a picture of it.

      --
      "Give me taste, give me funk, give me fury, gimme some more."
  46. The question itself is skewed. by MrAnnoyanceToYou · · Score: 1

    The Susan Crawford blog made an important distinction. This is a case in which trade secrets have been divulged, hence the breaking of an NDA. NOT a blogger doing what would be referred to as 'journalism' but a blogger exposing trade secrets to the world. This is slightly different, if not much different.

    Someone whistleblowing on Enron should get and deserves more protection than someone talking about, in this case, Apple's newest ad campaign. One is important in all respects to our society, and the other is just upshowing for upshowing's sake.

    I agree with the whole idea of keeping bloggers safe, but this - in the basic form - is not protection even journalists would expect. "We at Wired convinced an Intel employee to publish for us the source code of the ICE compiler directives. Here it is." is what this should be compared to, not, "This is Ken Leigh's unknown employee's videotape of him sodomizing an intern's poor little doggie."

    One is more impressive, and both (well, as far as I'm concerned) should be legal... However, one is legal and the other isn't, mainly because when you work for Intel you sign an NDA. Of course, the way government is going you sign an NDA to work there, too, and that's probably one of the biggest problems with the way we're starting to do things in the US.

    1. Re:The question itself is skewed. by Anonymous Coward · · Score: 0

      Yes, this is assuming the BLOGGER signed an NDA. If it wasn't signed, tough luck, no law has been broken and no NDA was violated. You can go fuck yourself now. Now as for the guy that did break the NDA, well, good luck trying to find that out from the blogger.

  47. Congress shall make no law... by the_skywise · · Score: 1

    ... or abridging the freedom of speech, or of the press.

    IANAL, but I'd interpret that to mean that you can't restrict the press on freedom of speech moreso than the individual... not granting the press *more* rights than the individual...

    1. Re:Congress shall make no law... by nickname225 · · Score: 2, Insightful

      I am a lawyer - although this is not in my area of concentration. This is not a First Amendment case. No governmental body if attempting to silence the press here. It's a case about the privilege to not testify to confidential information. As a society we have carved out some communication that are privileged and need not (as a rule) be disclosed in court proceedings. PRIVATE communications between you and your Lawyer, Doctor, Priest are as a rule privileged. We privileged them because we want to encourage open, honest communications with these people - not chilled by the fear of compelled disclosure. Some states - CA among them - also extend limited privilege to reporters. If as a society we think it's important to encourage open honest - and importantly verifiable - communications with reporters - we need to extend this privilege to them. If you think so - write your congressman. Also - since most litigation takes place in state courts - write your state legislators and ask them.

  48. Analogy by scavok · · Score: 1

    What makes a journalist a journalist is the same thing that makes an artist, an artist. Anything can be art. Anyone can be an artist.

    Saying that blogs aren't journalism is akin to saying that a twisted chunk of metal isn't art. It's only an opinion and there's no way to prove it either way.

    1. Re:Analogy by Run4yourlives · · Score: 1

      What makes a programmer a programmer is the same thing that makes an artist, an artist. Anything can be art. Anyone can be an artist.

      Saying that scripts aren't applications is akin to saying that a twisted chunk of metal isn't art. It's only an opinion and there's no way to prove it either way.
      ...sure I'm stretching it a little, but there is certainly as much of a defined perception of what a proper "journalist" is as there is of what a proper programmer is.

      It's depressing that journalism has been so diluted in the US that simply spouting your opinion is considered "journalistic".

    2. Re:Analogy by scavok · · Score: 1

      Not all blogs are just spouting of opinions. The blog mentioned was reporting on a new product from Apple. Had a tech section in the LA Times published this exact thing, the author would have been immune from any lawsuits. I say anything can be journalism because it's an impossible line to define.

  49. If its journalism, other laws apply by trazom · · Score: 3, Informative
    If blogs are journalism, they should have to follow the other laws that apply to journalism, namely, that they cannot be libelous or slander individuals.

    Libel: 1. A false publication, as in writing, print, signs, or pictures, that damages a person's reputation. 2. The act of presenting such material to the public.

    Slander: 1. Law. Oral communication of false statements injurious to a person's reputation. 2. A false and malicious statement or report about someone.

    So many people write things that are blatantly false and damaging, and get away with it without any punative action because they are blogs or forums. There should be some major penalty for putting completely false information out there - and this holds for "old" media companies too.

    1. Re:If its journalism, other laws apply by Jerf · · Score: 3, Informative

      If blogs are journalism, they should have to follow the other laws that apply to journalism, namely, that they cannot be libelous or slander individuals.

      Those laws don't apply to "journalists". They apply to everybody.

      Therefore, they already apply to "bloggers", since they are members of the set of "everybody".

      What is Libel?

  50. Look @ me I'm an attention whore pundit by gelfling · · Score: 1

    I mean blogger.

    The big difference is that journalists have editors and ethical canons. Bloggers have a computer and an opinion.

  51. Qualitative measures? by mveloso · · Score: 1, Insightful

    What you're saying is: stuff I think is importand is journalism. Stuff I don't think is important isn't journalism.

    Protections extend to anyone that publishes, in any written form. The quality of that content is irrelevant to whether that writer enjoys protection under the law.

    1. Re:Qualitative measures? by MyLongNickName · · Score: 4, Insightful

      Qualitative measures are used all of the time. Simply because a line is gray doesn't mean we do not try to apply a certain amount of common sense to the situation. Take for example "Good Samaritan" laws that protect me if I choose to give CPR to a dying person. If I crack a rib, that law protects me. Even if I do a crappy job of it. Now lets say i decide to jump up and down on the man's chest to try to start the heart. Well, the law no longer protects me as my actions were no longer 'reasonable'. Where is the line between reasonable and unreasonable? Hard to say. But the ideas of 'reasonable' and 'prudent' are all throughout our law. They have to be. So, we do have to make some distinction between who is a journalist and who is not. My one-entry blog certainly does not merit journalistic status. A regular Business Week columnist does. Somewhere in-between? Let the law figure it out.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    2. Re:Qualitative measures? by LurkerXXX · · Score: 4, Interesting

      No, lots and lots and lots of stuff in the New York Times is not important to me. Most of it isn't. I don't care what's new in the Arts world. I don't read the Business section, etc, etc. But I bet the reports who write the articles for those bits did their research and make sure that what they are publishing is correct as far as they can tell from their research. That's what makes it journalism. The professionalism. Not whether I find that bit important or not.

    3. Re:Qualitative measures? by dillon_rinker · · Score: 1

      Where is the line between reasonable and unreasonable?

      Precisely. This is why our legal system includes JUDGES. All actions cannot be boiled down to a set of rules that decide permissible/non-permissible. (Kurt Godel proved that.) At some point, a judge steps in and makes a decision as to which of two conflicting legal theories applies.

    4. Re:Qualitative measures? by Anonymous Coward · · Score: 0

      Actually, you mean let a judge or jury figure it out. Law is what you or I can depend on to guide our actions BEFORE the fact. Judges and juries only get involved if there's a difference of opinion. Clearly there is here.
      From my point of view, the first amendment is pretty clear on protecting freedom of speech and the press. The distinctions we've drawn between 'speech' by private citizens and 'speech' by journalists aren't constitutional questions, merely matters of law.
      Why journalists are allowed more privileges than private citizens is beyond me. If Apple can't figure out who violated the NDA, that's their problem, not society's, much less government's. They shouldn't be allowed to point a gun (government's gun at that) at a private citizen to say something they don't want to. After all, how reliable is information obtained through such coercive means?

    5. Re:Qualitative measures? by antiMStroll · · Score: 1

      Your reasoning doesn't follow. Jumping up and down on a person's chest doesn't meet the reasonable definition of "intent to provide assistance" and has nothing to do with medical capabilities, good job or bad. Alternately, poorly researched "official" journalism is still considered journalism, just of inferior quality. It also ignores the special place afforded to the Press in the American Constitution, so even if the example had greater relevance it doesn't hold.

    6. Re:Qualitative measures? by MyLongNickName · · Score: 1

      It follows. Read the rest of my comment: My one-entry blog certainly does not merit journalistic status. A regular Business Week columnist does. Somewhere in-between? Let the law figure it out.

      A blog CAN be journalism. Not all blogs are, however.

      You are the one who added 'poorly researched', not me. Can I give you a hard and fast rule for what is journalism and what is not? No. But to equate blog with journalism 100% is incorrect.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  52. Cut'n'paste this ... by Anonymous Coward · · Score: 0

    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.

    These rights are granted TO ALL PEOPLE !!!
    Not just to those who own a press.

  53. Because it's a right to ALL PEOPLE by the_skywise · · Score: 1

    Not just the press. But Apple (and other corporations) can control the press through $$$ but not the individual... so they want the distinction.

    (That's my interpretation. I realize others will argue differently.)

    1. Re:Because it's a right to ALL PEOPLE by Anonymous Coward · · Score: 0

      I asked you why you're trying to confuse the right not to reveal your sources with freedom of speech. You didn't answer.

  54. Not when the 'journalism' is synonymous with... by Sebby · · Score: 1
    'law-breaking' as is the case for the ThinkSecret affair.

    And this isn't a free-speech issue, as most would like to disguise their defense as. Nowhere does it say you can break the law when reporting stuff.

    The ThinkSecret stuff was nothing like whistle-blowing, or exposing a conspiracy or fraud for the public good; they took a trade-secret (which they are now pretending it wasn't which is total BS) and illegally published information on it. That's not journalism, or even good journalism if you want to degrade that profession and call ThinkSecret that.

    --

    AC comments get piped to /dev/null
    1. Re:Not when the 'journalism' is synonymous with... by geekee · · Score: 1

      ThinkSecret didn't break any laws. They simply refuse to disclose who gave them info on an Apple product under NDA. ThinkSecret never agreed to the NDA.

      --
      Vote for Pedro
    2. Re:Not when the 'journalism' is synonymous with... by Sebby · · Score: 1
      Oh,sure, break a California law stating you can't publish info when it is known to be trade secrets, and you're safe as long as you *pretend* it's not trade secrets. Oh yes, I'm sure that's *not* breaking a law!

      --

      AC comments get piped to /dev/null
  55. Is Blogging Journalism? by coopaq · · Score: 1
    journalism (n.)

    1. The collecting, writing, editing, and presenting of news or news articles in newspapers and magazines and in radio and television broadcasts.
    2. Material written for publication in a newspaper or magazine or for broadcast.
    3. The style of writing characteristic of material in newspapers and magazines, consisting of direct presentation of facts or occurrences with little attempt at analysis or interpretation.
    4. Newspapers and magazines.
    5. An academic course training students in journalism.
    6. Written material of current interest or wide popular appeal.

    Well according to 6 even the bathroom wall writing is journalism.

    According to every other definition here the web is never mentioned, but television is.

    So... Yes. Blogging certainly is Journalism.

    And... No. Blogging is not Journalism.

    Just look at every other post on this /. story/blog and you will see my conclusions match.

  56. Blog Defense Mechanism: Hardcopy Digest? by cmholm · · Score: 1
    The following isn't a end-all, be-all defense for the blogger, but it can't hurt:



    Because hardcopy periodicals were the standard mass media during the founding of the US republic, they have arbitrarily been given greater protection from government and private restraint of publication than subsequent technologies. Logically and practically, it puts you in the same soup as arguing whether the Founding Fathers intended the bearing of automatic arms or not, but that's Anglo-American jurisprudence for you.



    Therefore, I posit that unpaid bloggers wishing to protect their speech from regulation, censorship, or prior restraint would "only" need to get thee down to the local printers or repro shop on a sceduled basis to print digests. Slap a Volume and Issue number on the header, drop some copies at the local bar, make cheap paid subscriptions available from your web site, and you're a "real" publisher.



    Sure, this is more hassle than planting your ass in front of your terminal, but if/until Congress passes laws explicitly protecting on-line content, I'll rationalize that it's healthy to get out of the house a little more often.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  57. Blogging vs Journalism by Cro+Magnon · · Score: 1

    These days, the average blogger is more reliable than the average journalist.

    Or is the average journalist as crappy as the average blogger?

    --
    Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  58. Is Blogging Journalism? by frovingslosh · · Score: 1
    How can /. even ask this question? What would make it not journalism? How would a page or site that is called a blogg be any different than, for example, The Drudge Report, other than the first may have the letters blogg within it and the second might not? Clearly there might be some bloggs that might be nothing more than people telling what they had for lunch that day, but these are hardly the one that are being attacked here. The ones that are being attacked must be journalism as much as any other website is.

    If someone posted the exact same information on the web before the term blogg came into popular use, whould it not have been journalism? Does the existance of other people's bloggs change that?

    First ammendment rights (or any ammendment rights) must not be taken away by police or courts who decide who qualifies to get them and who does not. It's not OK to say that the NY Times is journalism but that the NY Post or the National Enquirer are not. It's not OK to do so in this case either.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  59. What a silly question! Some is, most isn't. by shanen · · Score: 1
    It should be obvious that "journalism" involves a certain set of activities, and some bloggers are doing those things. Do you need a dictionary definition? Insofar as a particular blogger is engaging in journalistic practices, then that blogger is a journalist.

    However, it is also quite obvious that most bloggers are *NOT* journalists, and don't come even remotely close. All they are doing is writing a diary that happens to be visible all around the world. However, there's nothing about having "readers" that per se makes it into journalism, even if you are eager to extend the definition of journalism into the new media.

    There is obviously a key shared activity, in that journalism and blogging both involve writing, but journalism is much more than just writing. It requires a firm desire to find out the truth and present it honestly--and that is precisely why *REAL* journalism is under such vigorous attack from propagandists of every stripe. Journalists are dedicated to truth, but propagandists are dedicated to a set of beliefs without *ANY* regard for truth--but that just destroys the propagandists credibility.

    So how can propagandists get anyone to believe them? The two main approaches are obvious--tell lies or attack the truth (obscuring and devaluing it). This Gannon/Guckert affair is one of the most amazing examples to come to light--which only means there'll probably be a more amazing one tomorrow. However, to recap, Guckert is a propagandist spewing his faith but lying to pretend that he's a journalist who's actually telling the truth. Meanwhile, his personal truth (of his own involvement with illegal activities) is the real truth he would like to destroy and obscure. (Then again, you can certainly understand why anyone might try to hide criminal activities.)

    One more comment. Good writing is a fine thing, but most blogs are *NOT* good writing. Most blogs should be compared to verbal diarrhea. Writing alone is not enough. Editing is required, but editing is a dying art. Getting off the topic, but editing also has a set of principles, just like journalism.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  60. Journalism USED to mean RESEARCH by sfgoth · · Score: 3, Insightful

    Even journalism isn't journalism anymore!

    Journalism used to mean researched stories, informing the reader. It seems that 99% of blog content is heresay. And professional journalists are joining the party, reducing their stories to simple "he said, she said" puff pieces.

    Journalists receive special protection in exchange for informing and educating society. If they don't uphold their side of the deal, I don't see why they should retain special privileges.

    1. Re:Journalism USED to mean RESEARCH by Anita+Coney · · Score: 1

      I totally agree. I was reading a blog and he was (and probably still is) complaining about how the press never follows up on stories. I finally got tired of the complaining and suggested that HE do some JOURNALISM himself. I.e., call the people involved and INTERVIEW them, file a Freedom of Information request and GET the information he wants, and then WRITE the story.

      Of course he never responded back to me.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    2. Re:Journalism USED to mean RESEARCH by Anonymous Coward · · Score: 0

      You should have gone around to his house and beaten it out of him!

    3. Re:Journalism USED to mean RESEARCH by Anita+Coney · · Score: 1

      Beat what out of him? The fact that he's not really a journalist?! I think he admitted that by not answering my question.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  61. Wrong question by kc8jhs · · Score: 2, Insightful

    It doesn't matter!!

    In the case cited in the article it is not a question of whether or not they were journalists and thereby covered by shield laws. It is a matter of releasing trade secrets which could damage a company, which is not covered by shield laws.

    Everyone does have the same right to say the same thing no matter what their profession, within laws that supersede the first amendment, such as trade secret protection laws.

    It doesn't matter who you are, or what you are doing if it's against the relevant law, it's against the law.

    -Mikey P

  62. Yes and the court has decided by the_skywise · · Score: 1

    that neither A nor B applies to bloggers. Thus restricting free speech to a benighted few... my original point...

    1. Re:Yes and the court has decided by Anonymous Coward · · Score: 0

      that is not what the court decided and you're a fucking idiot.

  63. Is it applicable? by TheConfusedOne · · Score: 1

    The "shield laws" that apply in certain cases for protecting anonymous sources don't protect journalists in all cases.

    In this particular case the issue is that information that was protected under NDA was disclosed. The information in question wasn't related to a felony or government abuse but rather a corporate trade secret. The company in question has every right to pursue the people who violated the terms of their NDA. In this case, the evidence of the violation is the posting of the information to a web site. Had the information been printed up in PC Week Apple would still have the right to sue the publisher for that information.

    Is this good PR? Definitely not. Is it legal? Definitely.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  64. We let the courts decide who is(not) journalist??? by jimbro2k · · Score: 2, Insightful

    How is this different from licencing journalists. Remember, requiring licences means licences can be denied by a branch of the goverment. Is this what Ben Franklin would want, or do these modern judges think they are wiser than the founding fathers.
    That's a facetious question - of course they do.
    And this judge has, by his ruling, denied a journalist license to defendant.
    Is Slashdot journalism?
    Sure it is, as long as you say what we want you to.

    --
    There is not nearly enough love in the world, but there is far too much trust.
  65. Journalism should be gauged by intent... by ShadowBottle · · Score: 1

    In the case of blogging.. I would have to say that intent should be what constitutes journalism. Think Secret and other apple rumor sites intent is aimed solely at obtaining private information about products and making it public before Apple decides to go public about it. That's closer to espionage than journalism. But in this case.. it's not another corporation who is after the information but rather the public... but it's the same idea. Obtaining private product data and disseminating it to a third party is not journalism in this case. I believe that the judge did the right thing.

  66. Ludite by selil · · Score: 1

    Is it possible what we have here is a total misunderstanding of the Internet medium? Could this be a case where the judge has no clue what the Internet or websites do, and how they distribute their content? Is this a case where the judge is interperting the word press and thinking linotype?

    --
    --- Location Unknown
  67. Yes he did by the_skywise · · Score: 1

    "Santa Clara County Superior Court Judge James Kleinberg refused to extend to the Web sites a protection that shields journalists from revealing the names of unidentified sources or turning over unpublished material."
    http://www.siliconvalley.com/mld/siliconvalley/110 49112.htm

    1. Re:Yes he did by wheelbarrow · · Score: 1

      This frightens me. This is government picking and choosing who is granted the right of free speech rather than recognizing it as an inherent right that we all share.

    2. Re:Yes he did by Anonymous Coward · · Score: 0

      IT IS NOT ABOUT FREE SPEECH

      IT IS NOT ABOUT 1ST AMMENDMENT RIGHTS

      Its about a group of wanna be's violating trade secrets, NDAs and other protective documents and information for their own self stroking egos

    3. Re:Yes he did by Anonymous Coward · · Score: 0

      This frightens me, you slashbots have no fucking clue about what you are talking about!

  68. Freedom of speech by bonch · · Score: 1

    Wasn't this covered in the last discussion? Freedom of speech doesn't mean you have the right to say whatever the hell you want. Slander, abuse, harrassment, libel, and more all prohibit your right to say anything you want.

    As I said last time, if you're a Coke insider and you post the top secret Coca-Cola formula to a blog, don't be surprised when your ass gets sued for revealing trade secrets.

    1. Re:Freedom of speech by nickname225 · · Score: 1

      I am a lawyer - although First Ammendment is not my area of practice - but it's important to recognize that your ability to say anything you want is much more severly limited than just Slander, Libel ect. The First Amend. only protects your speech from GOVERNMENT intrusions. Private intrusions are not covered - for an important example - you can be fired for just about any speech your employer doesn't like. There are exceptions - e.g. certain speech is protected under the National Labor Relations Act and you can;t be fired for that - but Coke doesn't need to prove that you revealed a trade secret to fire you. They can fire you for saying you thought "Million Dollar Baby" was a great movie (it is btw).

  69. The real question..... by Hits_B · · Score: 1

    Is today's journalism really journalism???

  70. Definition of journalism by bonch · · Score: 5, Insightful

    I think a major factor that determines journalism is accountability.

    Blogs just aren't as accountable as a major commercial entity like a magazine or newspaper. Just look at Slashdot. It posts flat-out inaccurate and wrong information all the time as front page news articles. But it's not really news, and the editors aren't journalists. They're just posting user-submitted blocks of text with links to other sites, often without vetting the information or even seeing if it was posted already.

    If Slashdot was a print magazine, I guarantee facts would get checked a lot more often. But the Internet is seen as a responsibility-less place with no rules, so the attitude is much more lax.

    Drudge posts blaring headlines and then edits them 30 minutes later when they turn out to be wrong. He posted that the Oscars had come "back from the dead" in ratings, and then an hour later I checked the site to see a giant headline claiming that ratings had been the lowest in five years. There was no mention of the change.

    It's so easy to set up a webserver and post anything. That's why they are not considered journalists. When you're employed by a real news organization, there is a level of accountability and standards that must be met, or you will be fired. That accountability to someone isn't there when you're in your underwear and running your own server to post what you want.

    1. Re:Definition of journalism by Kohath · · Score: 1

      There's little evidence that any media is very accountable.

      Health news is a good example. They come out with "stop using [product], [bad thing] will happen" about once a week. Two years later, we find out that [product] doesn't cause [bad thing] and [product] may be beneficial. No one ever gets fired. This is the normal state of the "accountable" news business.

    2. Re:Definition of journalism by Reality+Master+101 · · Score: 1
      They come out with "stop using [product], [bad thing] will happen" about once a week. Two years later, we find out that [product] doesn't cause [bad thing] and [product] may be beneficial.

      No, they come out with, "A study was published that says [product] may be harmful to you."

      No one ever gets fired.

      Why should they? They didn't run the study, they just reported on it.

      Don't get me wrong -- I'm the last person to apologize for the media. I think the media sucks, for the most part. But there is a difference between a journalist and some fool off the street ranting in his blog.

      --
      Sometimes it's best to just let stupid people be stupid.
    3. Re:Definition of journalism by Kohath · · Score: 1

      No, they come out with, "A study was published that says [product] may be harmful to you."

      In the headline? The OP was complaining about headlines being wrong.

      But there is a difference between a journalist and some fool off the street ranting in his blog.

      I think the difference is a perception only. The media gets it wrong often enough so they basically shouldn't be trusted to ever get it right. Ditto bloggers. If you trust either of them as a group, your trust is misplaced. But you can sometimes trust an individual person or story in the media (or on a blog).

    4. Re:Definition of journalism by Anonymous Coward · · Score: 0

      You took the words out of my mouth.

      Think about it this way, all those "reporters" who blogged about the Dan Rather story, if they were wrong, what would have happened? Nothing.

      When CBS is wrong, people get fired, they have their reputations ruined, etc etc...

      How many incorrect or disingenuous news stories has Matt Drudge posted over the years? He would have been fired 10 times over by now at a newspaper or television station. There certainly is a difference in accountable.

      Blogs are like fortune tellers. They make tons of posts about crap (there were stories about Kerry and Bush cheating at the first debate, neither panned out) but they get remembered for the few they get right (i.e. Dan Rather and Monica Lewinsky).

      Think about it one last way. If you read an incorrect story in a newspaper you can write to the editor, plead your case, and there can be a retraction. What are you going to do with a blog? Email the author? Unless they are more reasonable than most people I've seen online, the chance of them admitting they are wrong is pretty slim.

    5. Re:Definition of journalism by prockcore · · Score: 1


      Blogs just aren't as accountable as a major commercial entity like a magazine or newspaper.


      This cracks me up. A lot of blogs are *run* by magazines and newspapers.

      I work for a newspaper. We publish blogs. Our blogs that are written by real journalists.

      One reporter does a border beat, he has numerous stories but his editor only wants one border story a day. So he posts the other 2 stories online in his blog. It's the exact same content that would've been put in the paper, but there wasn't enough room.

      Not every blog is a teenage girl talking about how she's too fat. And not every blog is run by a dude in his basement.

      Washington Post, Salon, Slate, Chicago Tribune, Christian Science Monitor, The Guardian... they all have blogs, blogs written by real journalists.

  71. GONZO Journalism! by fire-eyes · · Score: 2
    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
  72. How about open-source software? by Anonymous Coward · · Score: 0

    If open-source software is software (and Apple certainly thinks it is) then grassroots journalism is journalism.

    I think Apple really stepped in some shit with this lawsuit. I hope they come to their senses. In 10 years this will look pretty stupid.

    This, combined with the DRM iTunes monopoly, has put Apple several notches lower in my eyes. I still love their products, but they are on "evil watch". As is Google.

    When Apple turns evil, what will we do? (Yes I remember when Apple was pretty evil before, but they were cleansed of sin during the lean years).

  73. Yes. by zeitgeist_chaser · · Score: 2, Insightful

    Just ask Robert Novak. He outed a CIA operative and is he being forced to betray the confidentiality of his sources? No.

    --
    While thinking philosophically, we see problems in places where there are none. -Wittgenstein
  74. Submitter is missing the point! by damian+cosmas · · Score: 1

    It matters not whether bloggers are journalists. Judges can compel journalists (or "journalists") to reveal their sources for a variety of reasons, most pertinent being if a crime has been committed, gathering evidence for a civil trial or any other reason for which a judge decides to subpoena a journalist.

  75. Hell, JOURNALISM isn't journalism anymore by beamin · · Score: 1

    The lazy corporate media in the U.S. is cowed by the government and less interested in investigation than it is in investigating whose cocktail parties they're getting to attend. Many bloggers have worked hard to get to the bottom of real stories. Unfortunately, many others have simply spread lies and FUD.

  76. Journalism? by csoto · · Score: 1

    It's not even a real WORD!

    --
    There exists no way of exchanging information without making judgments. --Bene Gesserit Axiom
  77. NDA's are meaningless by Anonymous Coward · · Score: 0

    you cannot sign your first amendment rights away. (well, unless that signing has to do with revoking one's own citizenship, but that's neither here nor there.)

    1. Re:NDA's are meaningless by KillboyPHD · · Score: 1

      you cannot sign your first amendment rights away. (well, unless that signing has to do with revoking one's own citizenship, but that's neither here nor there.)

      The First Ammendment applies only to Congress and its agents (the Executive and Judicial Branches, as well as the States via the 14th ammendment).

      The NDA contract was not with any of the above agencies, so the signer could not have "signed [their] first ammendment rights away." The First Ammendment does not apply here.

      --
      Bah weep granah, weep ninny bong!
    2. Re:NDA's are meaningless by Martin+Blank · · Score: 2, Informative

      NDAs have been upheld by the courts. Look for the case of Elizabeth Coady, who signed a lifetime NDA when she signed on to work for Harpo, Inc, the company that Oprah Winfrey uses to run her show. She lost both at the trial and appellate levels on that count, and chose not to press on to the Supreme Court, so the verdict and opinion stand as precedent.

      Yes, you can sign away your First Amendment rights in certain cases, and yes, NDAs are generally valid.

      --
      You can never go home again... but I guess you can shop there.
    3. Re:NDA's are meaningless by Anonymous Coward · · Score: 0

      Interesting. On the other hand, if I'm a journalist, and my source has information that she cannot disclose because of an NDA, I have the option of not disclosing my source, or she might be willing to accept the punishments listed in the NDA. In either case, they cannot sue me for her breach of the NDA.

      Which brings us back to the question of whether the authors could be sued if they were accepted as journalists.

    4. Re:NDA's are meaningless by Anonymous Coward · · Score: 0

      But the contract is only enforced by laws passed by Congress. This enforcement cannot violate the First Amendment.

    5. Re:NDA's are meaningless by KillboyPHD · · Score: 1

      "But the contract is only enforced by laws passed by Congress. This enforcement cannot violate the First Amendment."

      The contract is enforced post-tense. No one infringed upon the NDA-signer's right to speak. They just enforced the consequences afterwards. Thus no ones constitutional rights were violated.

      --
      Bah weep granah, weep ninny bong!
    6. Re:NDA's are meaningless by Anonymous Coward · · Score: 0

      Actually, if you knew that your source had an NDA and you knowingly induced them to breach it, you COULD be sued for tortious interference with contract. The First Amendment only protects speech from government regulation.

  78. Who gives a damn if it's "journalism?" by Anonymous Coward · · Score: 0

    Since when is a fuzzy definition of "journalism" the measure by which freedom of speech is allowed to us citizens of this here Amurrka?

    Journalism is protected because it's free speech. Free speech ISN'T protected because it happens to be "journalism."

    Let's get away from this what is and what isn't journalism tripe because it's not the issue. (And if it is, we're in a shitload of trouble in this country.)

    The people inside Apple who signed non-disclosure agreements are beholden to Apple. The people they talked to, who signed nothing...AREN'T.

    Anything else said on the matter is word salad.

  79. Journalism, the major networks don't need it! by antigrimace · · Score: 2, Interesting

    More to the point, is what the major networks pumping out as news really journalism? Think about that. ;)

  80. The judge made NO such ruling! by johansalk · · Score: 1


    It astounds me how people go on arguing over a faslity; the judge did NOT rule that "web journalists do not count"! I said it last time this was on slashdot and I'll say it again; from TFA: "Kleinberg offered no explanation for the preliminary ruling", but I guess it's not sensational and spectacular enough to keep to the truth of what really happened. Even if they were print journalists from the oldest establishment the judge would've ruled just the same; this is NOT a case about corporate secrets, blogging, journalism, or free speech... it is a case about contracts (NDA = contract), and "contracts are promises that the law will enforce", hence he will force them to reveal who broke the contract if there was no other way to enforce the law. Journalists are NOT above the law and do NOT have the right to obstruct justice. While the law provides them with protections for the confidentiality of their sources it is explicit that those should be overriden to serve four countervailing interests if the information can not be obtained by other means: "the right of an accused person to a full defence, the interest of litigants in a civil trial to obtain evidence (Apple!), prevention of crime and safeguarding public order or national security".

    1. Re:The judge made NO such ruling! by Anonymous Coward · · Score: 0

      For the ruling to be valid, the judge had to find that the various blogs were not journalists. This is due to a very good law protecting journalists from being ruled on in this way. The law is actually part of the California Constitution.

  81. Probably not... by StevenMaurer · · Score: 1

    While CBS does lean slightly conservative, it's nowhere near as conservative as typical U.S. media.

    Having 65 Democrats/Liberal commentators shown on CBS vs 91 Republican/Conservative ones isn't that bad, given that there were 5 items of liberal commentary vs 5 items of conservative commentary (Liberal commentary in mainstream U.S. media actually equal to conservative commentary? Amazing!)

    CBS is so close to neutral in their coverage, one can almost even forgive them for "mistating" facts to pretend that Social Security will have financial problems sooner than it will (parroting administration lies), and refusing to accept a paid advertisement for The United Church of Christ stating "Jesus didn't turn anyone away - neither do we" because other so-called "Christian" churches preaching hate in Jesus's name might not like it.

    1. Re:Probably not... by bnenning · · Score: 1

      While CBS does lean slightly conservative, it's nowhere near as conservative as typical U.S. media.

      The methodology in your link is about as accurate as counting the number of security flaws reported against Windows versus Linux to determine which is superior.

      one can almost even forgive them for "mistating" facts to pretend that Social Security will have financial problems sooner than it will (parroting administration lies)

      Um, their analysis refers to 2 reports regarding Social Security's insolvency; one says it happens in 2042, the other 2052. I see no evidence that one is the gospel truth and the other is a "lie". In fact, since the "trust fund" is nothing but an IOU from the government to itself, the real fun begins in 20 years or so when it has to be "redeemed".

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  82. Slashdot's hypocrisy by bonch · · Score: 1

    On a related note, does anyone else find it to be something of a double-standard for Slashdot to be asking this question about Apple's behavior against ThinkGeek when it once threatened legal action against DailySlash in an IRC interview for infringement by posting summaries of Slashdot's articles?

  83. Fix the headline by Anonymous Coward · · Score: 0

    It should really read "Blogging is the New Journalism".

  84. Why is this 'blogging'? by faust2097 · · Score: 1

    Warning: rant ahead

    I don't like the fact that the people who write and report things not available elsewhere are lumped in with teenage Xanga users who complain about their English teachers or the 'digerati' RSS-feed meta-meta-meta-trackback circlejerk crew who just post a bunch of headlines about a comment that some guy made on another guys blog regarding a sarcastic comment made in reference to a NYT article from 3 days ago.

    Bloggies.com defines a weblog as "A 'weblog' is defined as a page with dated entries." Now that seems a little presumptuous to backwards-include a large percentage of all websites to fit your trendy tea party.

    AppleInsider has been operating since long before anyone except Dave Winer was using the term 'weblog' and when posting 50 times a day while creating no actual content of value was known as an "E/N Site" [Everything/Nothing]. The association of the defendants in this case with the 'blogosphere' as a whole is doing them a disservice and might just fuck the whole first amendment.

    It's impossible to participate in the world when you're too busy sitting at home and making up snarky comments about it as it passes you by in your RSS reader.

  85. Online journalism? by deanj · · Score: 1

    Apparently it all depends.

    If it's ThinkSecret, some people say "yes".

    Those were the same people that want to hang that Republican guy at the White House who had press creditials, but only an online presence.

    Can't have double standards here folks. Both should be protected, whether you agree with them or not.

  86. maybe apple went too far by museumpeace · · Score: 2, Interesting

    but to say "web journalists don't count" also goes too far. It implies that bloggers are all journalists. The blog in question clearly was journalisitic but 99% of the pap on *.blogspot.com is porn, commercials, foaming at the mouth on the politcal and relgious right and mostly self absorbed diarizing...are we protecting that? The so-called blogosphere has way more defamatory, inflamatory, libelous and privacy invading contetent than any print media would get away with and I include buttwipe like the National Enquirer in that. Most of them are read by nearly noone but the authors so there is no big stink... are we protecting that?
    I agree with those who think the court doesn't get it because I think that blogging CAN BE simply a lowest-cost-of-entry publishing format, a minor technical distinction exists between that and conventional news media. The caution I suggest is that if we act as if blogging automatically IS journalism then we provide gold settings for all the droppings just becuase they get delivered with the same technology as the diamonds. By intent and content, most blogs don't rate any more protection than a post card, an open piece of first class mail tacked up in public place.
    How to make a better distinction between "journalism" and electronic flatulence? The courts should consider [a]who reads it and [b]who writes it or what authority is ascribed to the information. The tricky parts would then just boil down to cases where the author always said "this is just a rumor" but the info was always right on the money.

    Oh, and the other 1%? I think I bookmarked all 2000 of them!

    --
    SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
    1. Re:maybe apple went too far by tdave365 · · Score: 1

      I have to agree with the point being reached for here. Just because something is printed on paper and stuck between two covers doesn't make it a novel. It doesn't make it a textbook. It doesn't make it a cook book. It makes it a BOOK.

      There are two sides to this. It's not appropriate to say all blogs are not works of journalistic effort - many are. On the other hand, bloggers should be just as accountable to what they write and publish no matter what genere they most identify themselves with. There's a confusion here we're all buying into. That confusion is that big media companies are never challenged. I say they are but in any prevailing assessment of the odds or cost they are not challenged OFTEN. But that doesn't change the fundamental energy. The inertia to challenge what one doesn't like written or said about them is still there. Bloggers are just easy targets without any corporate backing.

      Dave Guerrilla Journalism

  87. Re:OMFG I AM OUT OF JERGENS by Anonymous Coward · · Score: 0

    These random trolls always make me laugh

  88. amateur hour by saltydogdesign · · Score: 1

    Alternately, are a bunch of guys on their back porches with telescopes astronomy? I think what we're seeing here is the rise of amateur journalism. And just like amateur astronomy, every once in a long, long while somebody produces something that makes the New York Times look like a bunch of slackers, but mostly it's just a bunch of untrained babblers exposing their ill-informed opinions.

    --
    // This is not a sig.
  89. True, and states rights also play into it by ShatteredDream · · Score: 1

    When this news hit, I took the position that Apple was actually correct. Freedom of the press is about a general right to publish your speech. To that end it is a corollary to the freedom of speech to keep the government from passing laws that say you can say whatever you want, provided that it never leaves your house and gets disseminated. It is far more important than letting some reporter find the latest story, it and the second amendment are the two things that guard your right to speak and be heard.

    The issue here is that Apple finally had enough of Think Secret and sued them. This was a long time coming and TS knew they were violating the law. I don't think they should get press shield protection because of the fact that the people of California voted for their press shield constitutional clause in a popular referendum. If you want to change it, convince the people of California, but I as a Virginian am not concerned by this. I'd fight such a thing in my own state, but I certainly would not begrudge the right of the people of California to decide who should get extra protection.

    Correct me if I am wrong, but there are already whistleblower laws that protect people brining evidence of wrongdoing forward, and those are at least federal if not in most state laws. If that be the case, then private citizens don't need shield law protection because there are already laws out there that protect them. The NY Times is getting hit hard for not revealing the identities of the people who revealed Valerie Plame. They violated national security for nothing and are now paying the price. As they should. Press shield laws are only good when they protect honest sources who are scared of retribution for brining a crime public.

  90. Law, not Semantics by Onimaru · · Score: 2, Interesting

    Let's think clearly and logically for just a moment here. I see a lot of argument about the dictionary meaning of "journalism" and whether or not blogs qualify. I don't want to take a position on that. But I do want to take the position that whatever your opinion is about the journalistic purpose or lack thereof with regards to bloggers or a particular blog, it kind of doesn't matter with respect to this story.

    Let's not lose sight of the fact that Judges are there to make rulings on matters of law, not to assign value judgements about the worth or societal value or accuracy of a given practice. This isn't a ruling that ThinkSecret isn't "real journalism" or that it's creator isn't a journalist (whatever that means). It's just a legal judgement about whether or not the practices he employs qualify him for protection by certain laws.

    I'll even go so far as to make a speculation about what laws were relevant. I'd imagine that TS argued that he could not be compelled to disclose the identity of a source who preferred to remain anonymous because journalists get to protect their sources. I also imagine that the judge found from the facts presented (or lack thereof) that the standard practices which allow for that kind of protection were not generally followed on TS. For example, to shield sources in this way, a journalist usually has to show both that he corroborated this particular piece of info in some way and that it was the regular practice of his outlet so to do. TS clearly doesn't operate that way...which isn't bad or wrong in my opinion, but it would be an abuse of these laws to let them apply in the TS scenario.

    Let's not make this about some kind of slam on the blog community. Judges exist to know the rules and to apply them fairly. TS took a shot at interpreting the rules one way, and the judge said no. Don't get distracted by the rhetoric.

    --
    adam b.
  91. Until There's a Journalist's Certificate by Nom+du+Keyboard · · Score: 1
    Until There's a Journalist's Certificate, who can say who qualifies and who doesn't?

    This court thinks they can. I think they're wrong, and hope this is overturned on appeal.

    To me a Journalist is someone who seeks out the news and broadcasts it in some form. New Apple products and upcoming price cuts are news of use to all computer buyers. The Internet is the finest, most unregulated (which is what makes it the finest), most affordable broadcast medium ever invented. They are Journalists.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  92. Wrong Question by Hittman · · Score: 1

    Wrong question. We should ask "Is Journalism journalism?" In most cases, the answer is a resounding "No!"

  93. obviously by fuck_this_shit · · Score: 1

    I update my LiveJournal, therefore I am a Journalist.

  94. My own version of what bloggin "is" by Anonymous Coward · · Score: 0
    http://itsjustnancy.blogspot.com/

    This is the blog of someone whom I am ... let's just say, "angry with right now." No, it has nothing to do with me directly, but suffice it to say some of the inflammatory (and retarded) logic this woman uses when she writes on her blog is extremely inflammatory to some people. Some of it WAS defammatory as well (we can prove that it was indeed false), but she has since removed the one snippett of evidence condemning her before I was able to mirror the offending content.

    In any case, if any slashdotters what to have a fun time with a hyopcritical Christian who has upset me greatly, have at it! Yes, this is probably childish and stupid of me to incite such things via Slashdot, but hey, I need to vent my anger somewhere, and here is where everyone else seems to have fun doing so. I recommend reading the top 3-5 posts. Guaranteed a laugh, I promise.

  95. Journalism and The Supreme Court by StormReaver · · Score: 1

    I can't find the article, but I remember Slashdot reporting on a Supreme Court ruling (I think in 2004) saying journalistic protections extend to anyone exercising the role of a journalist. You don't have to do it full time; you just have to be doing what journalists do.

    A blogger could easily be considered a journalist. I expect the lower court ruling to be overturned on appeal (if there is an appeal) if the blogger can show any socially redeeming intent.

  96. Here's the rule... by JeffWhitledge · · Score: 1

    Here's the rule: if a website (blog or whatever) includes good information, then it's journalism. If it contains junk, then it's not journalism.

    Therefore, according to the McCain-Feingold law, the only information we can get about political candidates 30 days before an election is junk.

    --
    These comments do express the opinions of my employers, and, personally, I think they're complete rubbish.
  97. I would say maybe by jd · · Score: 1
    I think journalism is a continuum, and that it stretches from wild gossip and fiction, through to research papers that would not look out of place in a peer-reviewed journal. Blogs can be found anwhere along that spectrum, as can newspapers, radio shows, TV shows, etc.


    I would argue that if you had to find a point and call it "journalism", it would be at the level of being moderately well researched, basically factual and essentially something that reflects the reality of events. It doesn't have to cover every detail, or reflect perfectly, but it needs to be good enough that you can recognize the reflection, if asked.


    I would argue that ANY blog that achieved such a standard should be considered journalism, for any purpose, including legal purposes.


    I would also argue that any newspaper, any talk-show, any media whatsoever that would normally be considered "journalism" should NOT count as such, if it did NOT meet the above standards.


    But, then, maybe that would be too rational.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:I would say maybe by CrimsonAvenger · · Score: 1
      Frankly, while I agree with your comment completely, I am deeply concerned at the notion that the government (any government) gets to pick and choose who qualifies as a "journalist" entitled to completely "Free Speech".

      Specifically, Shield Laws were put into place to prevent a "chilling effect" on the exercise of the First Amendment. Allowing the government to specify that some people can be subject to said "chilling effect", and some cannot pretty much allows the government absolute control over the "free press" if the government wishes to bother.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  98. you . . . by edward.virtually@pob · · Score: 1

    didn't really think the plutocracy would not put a stop to free speech on the net? once the first amendment no longer applies, kiss it good-bye.

  99. Just ask Benjamin Franklin by WillAffleckUW · · Score: 1

    He'd say bloggin is more like posting screeds on the town bulletin board and hanging a pencil by a string next to them with lots of blank pages to write in.

    Blogging can be journalism, but it almost never is. Just because you print out 20 copies of your fanzine and give them to your friends at school doesn't make you an editor or publisher. I base that on my publishing magazines which are stored in the Library of Congress, of course.

    --
    -- Tigger warning: This post may contain tiggers! --
  100. Blogging is without any doubt journalism by billsf · · Score: 1

    Most blogs are crap. Most mainstream is crap.

    Anytime someone makes something public on a regular and changing basis it is journalism and is guarenteed all the protections. Apple is wrong, mind you at the scared 'middle management' level. Perhaps that is easy to say from Europe?

    As a part owner of a provider, we have told both the RIAA and MPAA to "fsck off" and we can rightfully do so. We'd do the same with Apple or any other corporation.

    Please, defy the court order or better, move to a provider in a free country!

  101. Dumb by Anonymous Coward · · Score: 1, Interesting

    (I shouldn't, but this is half of the fun!)

    Who is to decide whether someone did their research or not? Well, I don't know, any sane, rational person who asks the journalist "Hey journalist, where the hell did you get all that information for that story you wrote? Who did you talk to, that I can go and confirm what they said? What books did you read that I can go read them myself?" This isn't one of those cases where we can bull-shit with "it's all relative". It seems to me that 99% of the blogs out there are whinny, opinionated, stupid crap, perhaps on the same level as some of the sensationalist crap you get on Fox News.

    But more seriously, there are many, many real journalists out there who do actually take pride in their craft, who do make an effort to report the facts as objectively as possible. Blogs aren't treated like news outlets because there are professional and societal controls on news outlets that try to ensure what goes into a paper is more like objective news and not opinionated crap. It wouldn't make sense to try to apply such standards to a blog exactly because most bloggers are publishing their own opinions (and want to keep it that way). Without those standards, treating anything that comes out of a blog as news is a bad idea.

    1. Re:Dumb by gimpynerd · · Score: 1

      So anything that comes out of your TV on the news is news? What is the difference between this and blogs? Are you the one to decide what is news or not? Maybe we do need a organization to do that. Although it seems to me that it should be left up to the individual to decide what is news for them as most do even with what is popularly called news.

    2. Re:Dumb by HiThere · · Score: 3, Insightful

      Perhaps there are some "real journalists out there who do actually take pride in their craft, who do make an effort to report the facts as objectively as possible" , the number of cases where I've been able to check personally is pretty small. But in NONE of the case where I've been able to check has a newpaper or TV station even TRIED to do a decent job of objective reporting. Everything is processed for entertainment value, usually, but not entirely, by selection to such an extent that the original occurance is only recognizable if you know and witnessed what actually happened. And then it can be difficult.

      I saw a city go up in flames. Then the next day I drove over there and found that a couple of blocks had been destroyed. I saw a city go up in flames. Then a week later I returned and saw acre on acre of devastation (with pockets untouched, appearantly arbitrarily).

      From the news I couldn't tell which occurance was more drastic. They always attempt for maximal impact, with the result that one can't have any sense of porportion. Equally, if they decide not to cover something, it doesn't matter how large it is, it's just ignored.

      I trust bloggers MORE than I trust journalists. They don't hide their biases as much, and they don't have a professional interest in distorting everything for maximal entertainment value. And they express a true variety of viewpoints. (The US press is over 90% owned by 7 corporations [perhaps 5...I don't keep track, and there are mergers]. People working in corporations don't say anything publically that they believe will upset their bosses, or allow their subordinates to do so.)

      People deride Slashdot, but I trust it more as a source of news than I do the local papers. It's true that it doesn't cover a wide variety of topics, and it's true that there are trolls and astroturfers. But there's lots of other people, too, and things that people want to say aren't censored (except in ways peculiar to Slashdot, and which don't reflect the biases of the external world).

      Blogs partake of the essence of Slashdot. (Well, the popular ones do.) If one person lies, someone else will contradict them. The ensuing discussion will probably reveal who is lying, or provide things I can check. Usually it turns out that the people just consider different things important, and they're arguing about their tastes. And *that's* important to find out also.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    3. Re:Dumb by jacksonj04 · · Score: 1

      I must say, in defence of the journalists, certain bodies (Such as the BBC in the UK - most of you should have BBC World Service available) do actually have very little bias, have survived intact through wars and more, and pride themselves in getting it right. BBC News is always perfectly on time, well presented, as far as I can tell keeping to the facts (maybe slight hyperbole but never blatent lying), and they almost certainly will have major news issues backed up by an in-depth study looking at both sides.

      --
      How many people can read hex if only you and dead people can read hex?
  102. The Government has no business defining journalism by FreeUser · · Score: 1

    There is no blanket right to shield confidential sources. Getting the scoop on MacWorld is fun and all, but it doesn't serve the public interest in any way.

    Really?

    Are you certain of that?

    And are you certain that will always be the case? Substitute Microsoft for Apple, and draconian "trusted computer" measures that will disallow most third party and all free software from running on your computer, ever, for the specs of Apple's latest hardware, and suddenly getting the scoop, irrespective of NDAs, serves a massive public interest, one which the copyright-cartel beholden traditional press is unlikely to cover at all. Hell, don't even bother substituting "Microsoft" for "Apple," in the above (even if the trends show that as likly). That would be of major concern regardless of who was behind it.

    Just because you don't see a public policy implication in today's leak, doesn't mean (a) you're right (there could be more to it than you think, though in this case I'd say that possibility asymptoticly approaches zero) or (b) tommorows leak will be equally devoid of service to the public interest (whatever the hell that is defined to be today, or tommorow when the definition probably changes yet again).

    The real question should be: if the bloggers had been card-carrying journalists in a traditional medium, would the law have allowed them to keep their sources secret? If yes, then it should apply to bloggers. If not, then this entire discussion is moot.

    Certainly the reasons present in the writeup of the court's decision are at odds with the Surpeme Court's opinion that overturned the SCA, in which they said (and I paraphrase) "the internet deserves at least as much protection under the first amendment as traditional print media." This might not be a first amendment issue with respect to keeping one's sources secret, but it might well be a first amendment issue with respect to defining one set of journalists "special" and another "not," or even implying that the government gets to choose who it considers journalists and who it doesn't. There is an inherent conflict of interest there ... in the extreme example, Bush/Clinton could define anyone not pro right-extremest/democrat as "not a journalist" and completely undermine the intent and application of the first amendment, and the effectiveness of the fifth estate (or at least what effectiveness remains after the fifth estate's willing self-evisceration under the current administration).

    --
    The Future of Human Evolution: Autonomy
  103. I did. I deny your axiom by the_skywise · · Score: 1

    It's not about revealing your sources... It's about freedom of speech. If a journalist has the right to source secrecy, so does the individual in the act of self-publishing.

    If an individual can't protect his sources, then a source isn't going to come forward with information.

    If a source violates an NDA, that's Apple's problem. Not the one relaying the information to the public.

  104. Were journalists really any better than bloggers? by mc6809e · · Score: 1

    Were journalists really any better than bloggers, or did they just want us to believe that?

    Consider how difficult it was to check the assertions of journalists before the arrival of the internet.

    The CBS memos affair was a good example. What did they get away with in the past simply because it was too difficult to verify their sources?

  105. Tell it to Dan Rather. by Stephen+Samuel · · Score: 1
    Wait. Journalists still research their articles?

    Sarcasm aside: considering how little research many newspaper and TV 'journalists' put into some of their stories, these days, if you used that as the measuring stick for (freedom of) 'the press' I think we'd have precious few press credentials out there.

    Journalism runs the gamut from hard-core investigative journalism to random blatherings of a social reporter -- and that's the case on both the 'net and the 'tube. Unless the judge is willing to strip CNN of their 'press' protection for reports (also) published on www.cnn.com, then I think we have an 'equal protection of the law' issue here.

    One high-profile example of weblogs beating out so-called professional journalism was when it took less than an hour for the 'blogs to start ripping apart Dan Rather's letters about George Bush's Military so-called service. (It's not that I consider GWB the model of honorable duty, but a faked letter is a faked letter). I think that some of the AbuGharib abuse issues also surfaced on the 'bloggs first.

    --
    Free Software: Like love, it grows best when given away.
  106. Why are journalists given a pass to break the law? by Anonymous Coward · · Score: 0

    Whether Blogging is journalism or not is beside the point. The real issue here is why should journalists be given a free pass to break the law and protect criminals. How can you justify that writing about criminals is more beneficial to society than bringing those criminals to justice in a court of law? Journalists act as though they are given a free pass to protect criminals simply by being journalists. Journalists or bloggers or anyone who protects the identity of criminals should be given the same penalty as someone who harbors a fugitive from the law i.e. a felony conviction.

  107. slashdot by sewagemaster · · Score: 1

    Didn't slashdot first begin as what is known as a blog today, with links and his own comments to articles that CmdrTaco found interesting?

    not trying to troll here, some say journalism involves research on the topic. sometimes you might just have to RTFA before posting stuff about it? maybe typo-free in what you post? but until this day, you still get false facts from time to time posted in the front page, spelling mistakes, incorrect grammar... (like this very comment!)

  108. What about the disposable element in mass media? by tweedlebait · · Score: 2, Insightful

    Something I rarely see explored in the blogs VS 'regular media' debate is the role that the shelf life and interactivity of stories both play.

    The usual media outlets are fire and forget stream without any chance critique and within the next 4-24 hours will be another barage.

    News on blogs can last a very long time, propogate, be critiqued, and draw lots of fans, foes, and wholy other points of view. The story might be complete bunk but looking at it as a whole, valuable things can be found.

    I haven't really seen the issue of the longevity of stories brought up in the whole debate but I think it's near the heart of the argument.

    Do I think bloggers are journalists? You bet- and their quality varies just like the others.

    In the middle of the debate there seems to be lots of allegations from mainstream media talking about journalistic integrity, bloggers not having the resources to truly produce news,lack of 'real editors' and rewriting stories without much disgression. I'd love to see mainstream news without access to things like the AP, lexis/nexis, or other news services for a month.

    I'd also love to see the news show joe public how they do make the news and what truly differenciates their news from a bloggers. All I've really seen lately is a lot of fire and forget allegations.

    --
    Firefox & /. ? Use this often:
  109. Depends. by wootest · · Score: 1

    Is publishing on paper journalism?

    "Blogging" has developed into a beast. I'm not talking about "weblogging", but "blogging". Everyone's trying to put the stamp "blogging" on anything that's serially published and has an author. What's left? Pretty much static pages and company web sites. Weblogging, at its core, is little more than del.icio.us-like rundowns of nifty links and commentary around them. "Blogging" used to mean "weblogging". As the term "blogging" grew more popular, it seemed to lead to "blogs" having more and more material unrelated to actual "weblogging". "Blogging" is now just a buzzword that can be applied to everything published serially.

    What Think Secret are doing is editorial reporting. I qualify editorial reporting as journalism. I don't qualify weblogging as being journalism. And as I've already said, "blogging" is just a label of a certain way to run a web site. Asking if that's journalism is like asking if publishing on paper is journalism.

  110. Just because White House gives blogger press pass. by WillAffleckUW · · Score: 1

    doesn't make them the press.

    Just as saying Iraq had WMD didn't mean there ever were any. In point of fact, there weren't.

    The White House could say Mars was made of Red Cheese, but it would still just be a rusty planet, lacking cheese.

    --
    -- Tigger warning: This post may contain tiggers! --
  111. Executive != Judicial by 4of12 · · Score: 1

    court's decision that Web journalists don't count

    Given Jeff Gannon-gate and that a blogger was able to get a White House press day pass finally, it seems the courts (blogger not a journalist=> must reveal sources) and executive branch (bloggers are journalists => can justify day passes!) have different views on the matter.

    Or perhaps the same view

    "We'll interpret it how we want at the moment."
    --
    "Provided by the management for your protection."
    1. Re:Executive != Judicial by ZenJabba1 · · Score: 1
      "We'll interpret it how we want at the moment."

      That is exactly what the courts are here to do, interpret the laws at this specific moment in time. They have done this and now have set a precident in the United States to allow other "bloggers" to be caught up in the state of affairs that is the current administration.

      Looking forward I can see why the Judicial System did this, what happens if a terrorist bloggs and uses "I'm a journalist, and I wont give you my information", I am certain the American public would be up in the air wanting that information.

      The current direction of the appointments to the highest courts in the land of more conservative judges means that conservatism flows down through the brances and this is the kind of judgements we can expect in the future.

      --
      `find / -name "*your_base*" -exec chown us:us {} \;`
  112. The real question by Anonymous Coward · · Score: 0

    I think the real question is where do you draw the line? I would most certainly consider some of the blogs I read journalistic. However, the person blogging about what they ate for breakfast over one LiveJournal .... um, no.

  113. It certainly can be by onyxruby · · Score: 1
    Blogs certainly can be, I recall one blog I wrote that was picked up rather quickly by news agencies around the world. I had my blog story shown on websites from New Zealand to Africa. This doesn't include a number of sites that reference having printed my blog in hard copy as well.

    In my case I took a small news event that had local significance only on the surface and showed how the local event would effect things on a world scale. It was my analysis and ability to make the story relevant to people on other continents that turned my blog rate into a story.

    Most blogs are crap, with little research and shoddy research at best. Heck if you look at the last US election Kerry should have won in a landslide according to the blogscape. All that being said though, some people do create quality blogs that have journalism quality writing in them. The answer is, they can be journalism, but usually aren't.

  114. Re:The Government has no business defining journal by esme · · Score: 2, Insightful

    I never said there could never be a public interest in exposing something Apple or Microsoft were doing. This case doesn't set the precedent that there will never be a public interest in reporting on illegal activity using a blog. If they were breaking antritrust laws, or doing something else illegal, the shield laws for journalists should apply to bloggers just as much as newspapers.

    But let's not kid ourselves. I like reading Think Secret and the rest of the rumor sites. It's fun and I don't think it hurts anybody. But Apple is totally within their rights in figuring out who violated their NDA, and firing them. Apple isn't trying to cover up a crime or unethical behavior -- they announced everything in the ThinkSecret reports at a conference. The laws that journalists use to keep sources confidential are completely inapplicable.

    -Esme

  115. Re:Blogging isn't journalism.Journalism is journal by node+3 · · Score: 1

    Mod parent horizontally +/-0 Rumsfeld.

    You actually made a completely logically consistent response, which looks like it answer the question, but doesn't at all.

    The question isn't, "is a blog journalism?" It's, "is blogging jounralism?" (in other words, it's not, "is the medium a discipline?" as you claim, it's "is one discipline a subset of another discipline?")

    So yeah, blogging is journalism if it's about timely news. It's not coincidence that "journalism" starts with the word "journal".

  116. Uh...actual excerpts from the report by bonch · · Score: 2, Insightful
    "Our results show a very significant liberal bias. All of the news outlets except Fox News Special Report received a score to the left of the average member of Congress. Moreover, by one of our measures all but three of these media outlets (Special Report, the Drudge Report, and ABCs World News Tonight) were closer to the average Democrat in Congress than to the median member of the House of Representatives. One of our measures found that the Drudge Report is the most centrist of all media outlets in our sample. Our other measure found that Fox News Special Report is the most centrist."


    and

    "...Based on sentences as the level of observation (the results of which are listed in Table 8), the Drudge Report is the most centrist, Fox News Special Report is second, ABC World News Tonight is third, and CBS Evening is last.

    Given that the conventional wisdom is that the Drudge Report and Fox News are conservative news outlets, this ordering might be surprising. Perhaps more surprising is the degree to which the mainstream press is liberal. The results of Table 8 show that the Los Angeles Times, the New York Times, USA Today, and CBS Evening News are not only liberal, they are closer to the average Democrat in Congress (who has a score of 74.1) than they are to the median of the whole House (who has a score of 39.0). ...the New York Times is twice as far from the center as Fox News Special Report, to gain a balanced perspective, one would need to spend twice as much time watching Special Report as he or she spends reading the New York Times. ...Our results contrast strongly with the prior expectations of many others. It is easy to find quotes from prominent journalists and academics who claim that there is no systematic bias among media outlets in the U.S. ... The main conclusion of our paper is that our results simply reject such claims."
    1. Re:Uh...actual excerpts from the report by Anonymous Coward · · Score: 0

      don't worry, liberals will continue to parrot the partyline that fox news is endlessly biased .. they're sheep who preach tolerance while being totally intolerant. look how christianity is always made fun of, for instance. but heaven forbid anyone say anything bad about someone who happens to be muslim

    2. Re:Uh...actual excerpts from the report by Caseyscrib · · Score: 1
      To be completely honest with you, who gives a fuck that some guy scores a news station liberal or conservative. None of the major news companies present a compelling argument for either side. They put up two ignoramuses against each out with no insightful comments or logical reasoning whatsoever. Instead of finding bias in journalism, how about trying to measure how accurate each side feels their side was represented. You could measure this by going to the person's house that was represented in the story and ask, "How well do you feel that represented you?" If any major US station scores above a 50%, then the test isn't hard enough.

      Blogs are better journalism anyways because your actively discussing issues with a real person, not listening some washed out paraphrased reporting.

  117. Well according to this it is... by response3 · · Score: 1

    From the Merriam-Webster dictonary
    http://www.m-w.com/cgi-bin/dictionary?book=Diction ary&va=journalism&x=0&y=0:

    Main Entry: journalism
    Pronunciation: 'j&r-n&l-"i-z&m
    Function: noun
    1 a : the collection and editing of news for presentation through the media b : the public press c : an academic study concerned with the collection and editing of news or the management of a news medium
    2 a : writing designed for publication in a newspaper or magazine b : writing characterized by a direct presentation of facts or description of events without an attempt at interpretation
    c : writing designed to appeal to current popular taste or public interest"

  118. Definitely... not. by MerlinTheWizard · · Score: 1

    Journalism is a profession. It has its rules, its ethics... and it has to be learned. And you actually present your work as journalism - which exposes it to professional critics and peer reviewing.

    Blogging is certainly nothing like that. Would you call someone who gives random medical advice on a web forum a doctor? There may be some real doctors doing that, but there can also be just anyone.

    I just find it too easy to claim yourself a journalist when it's convenient and not have to actually be one, that is if you put up some real lame articles on your blog, you can always say you were just "goofing around". This is a two-way street. So, being free of responsibilty and ethics, a blog cannot be associated with any professional activity. That's my view on this.

  119. Here goes... discussion killer by Anonymous Coward · · Score: 0

    Journalism is writing about something, be it a journal of your personal hygene habits [or lack thereof] or of Government opression. News is in the eye of the beholder.

    Let's not confuse journalism with news.

  120. Get teh facts by UtSupra · · Score: 1

    Apple didn't argue "bloggers aren't journalist" it argued "this guys aren't journalists." Journalist do not have the protection this guys think they have. If a crime was committed by the source a judge will force the journalist to reveal it, the only protection is that revealing the source has to be a last resource after all other avenues are exhausted, Apple is arguing they are. Apple can't deny first amendment rights to anyone... Only congress can do that. Just read the damn thing!

  121. Mathematical proof that blogging is not journalism by crnbrdeater · · Score: 2, Insightful

    Judging by the number of new blogs that I see on a daily basis we can assume that the total number of blogs in existence approaches infinity.

    Nearly every one of these blogs is either some clod's diary of the daily mundane or a rant session not meant as anything other than...well a rant.

    For those blogs that intend to be journalistic only a handful exercise due diligence to ensure the facts presented are based on reality. More often than not, many of these blogs are rants disguised as news or political commentary. Nothing journalistic about them.

    This being the case we can safely assume there are only a finite number of blogs that can actually be considered journalistic in nature.

    Since a finite number divided by an infinite number is essentially 0 we can say with certainty the blogging is indeed not journalism

    {I would be amiss for not giving thanks to Douglas for what he has taught me about mathematical reasoning}

    --
    ~CrnbrdEater
  122. Blogging isn't journalism, because... by sgage · · Score: 0

    ... blogging isn't anything. The word has lost all meaning. "Blogging" - a disgusting word, it sounds like explosive vomiting. The only more disgusting groovy tech word is "bots". Do you know what bots really are? Think "very disgusting parasite". But I digress...

    Seriously, though, the term "weblogging" refers to an enormous variety of web-activities. Most weblogs are just relatively frequently updated collections of annotated links, and nothing more.

    The word "Blog" confers no magical, or even meaningful, status on the "blogger".

    - sgage

  123. Things to come... by conigs · · Score: 1

    http://oak.psych.gatech.edu/~epic/ols-master.html [flash] seems to be the general direction of things because of the so-called "blogosphere".

    My own two cents? I think it goes back to journalistic integrity. I run a blog of sorts as well. Do I consider myself a journalist? No. Are there some bloggers who consider themselves journalists? Yes, but I wouldn't necessarily call all of them that.

    --
    Slashdot: where repeating an article in a post is "+5 Insightful"
  124. Is Blogger an instance of class Journalist? by WillAffleckUW · · Score: 2, Insightful

    It's more likely that certain bloggers are members of the class Journalist, but many are not.

    Thus, even though many journalists aren't bloggers, and many bloggers aren't journalists, there are some journalists who are bloggers - but may or may not practice journalism in their blogs, and some bloggers who may practice journalism in their blogs.

    For example, let's say that I had been a journalist at one time (true, in my days at SFU and Capilano College), but never maintained a blog then (even though I was on the Net). Just because I posted some stuff on an online journal and contributed news to a friend's blog, doens't mean that I'm a journalist now. More of a news distributor, or perhaps a columnist or opinion writer, really. But not entitled to be considered an active journalist.

    This doesn't preclude some bloggers from being journalists in every sense of the word - there is no size requirement on the number of staff for a media outlet. But professionalism is something sorely lacking, even if one had a journalism degree.

    --
    -- Tigger warning: This post may contain tiggers! --
  125. nah by rs79 · · Score: 1

    I used to get into trade shows free by making up press credentials and once used "Roul Duke, writer for Bitter Reality Magazine, a Thompson-Hunter publication". The gate-guy at NCGA '90 didn't even blink and when I asked him if that was the weirdest one they had here today he said, "no, the writer for ``cruise ship cuisine'' is"; I picked up my badge and my 3 boxes of free conference proceesings, "A $1500 value". I was too late for the press breakfast. (I am a programmer, voss is mit morning schtuph?) I still have the badge.

    Try that by saying you write for a blog. I don't think it counts any more than saying you write for usenet, that is to say: "no".

    I have no idea what "journalism" is or how it's qualified, but IMO, bloggers aint jouranlists, they're just people that keep their diaries online.

    Maybe in ten years it will be. But the acid test now, as then still seems to be "show me your name in a print publication or a letter from your editor (which is obvioulsly easy to laserprint).

    --
    Need Mercedes parts ?
  126. Journal-ism by Anonymous Coward · · Score: 0

    Think about the word Journalism.

    Journal-ism
    vs.
    writing in a journal (weblog).

    Same thing.

  127. Is writing on paper journalism? by SteveX · · Score: 1

    Is having a website journalism? Is speaking through a microphone journalism?

    Journalism is an activity that you can conduct, whose product can be published in any number of ways, including through blogs.

    Some bloggers may be journalists. Some journalists may be bloggers.

  128. Confusing the issue by blackbear · · Score: 1

    The status of bloggers as journalists is irrelevant for this purpose. I can find no constitutional basis for the protection of journalist's sources, or those of anyone else. (please correct me if I'm wrong.)

    That said, this brings two questions to mind; First, what if I hear something that someone is not supposed to reveal and I tell a friend? That friend then tells the police. Am I required to tell the authorities where I heard it? This has probably already been settled in law, but IANAL. Second, Why are Journalists given special status in regard to their treatment under the law? Isn't this what the Bill of Rights was attempting to prevent?

    There has long been a disturbing trend in the U.S. toward making the job of law enforcement easier at the expense of individual freedom. But if my neighbor knows who committed a crime against me or my family, and won't tell authorities, it mearly make him a rotten person. It shouldn't make him a criminal. One of the costs of freedom is that sometimes the criminals get away. The alternative is to have the criminals running your life.

  129. I think a better question is... by MP3Chuck · · Score: 1

    ... do journalists blog?

  130. Is Blogging Journalism? Not so much... by Big_Al_B · · Score: 1

    If you're defining journalism as "reporting news" then blogging generally doesn't rise to that standard. News reporting, done properly, relates information verified against three or more sources, not including the reporter. It is not necessarily accurate, but due dilligence was applied to accuracy. While some blogs may meet these criteria, I would argue that they transcend the genre and are, in fact, journalism.

    If you're defining journalism as simply "publishing unreliable information" then blogging is definitely an eligible synonym.

  131. Re:Here goes... discussion killer by Anonymous Coward · · Score: 0

    Journalism is writing about something, be it a journal of your personal hygene habits [or lack thereof] or of Government opression. News is in the eye of the beholder.

    Let's not confuse journalism with news.


    Hey...thanks for clueing us in to your 3rd grade understanding of journalism. The subject of your post lead me to believe you had something to say, but alas, I was wrong. Seriously, this is one of the silliest posts I have ever seen on this site. Every single line is more ridiculous than the last. I really love your closer: "Let's not confuse journalism with news."

  132. If ThinkSecret by the_skywise · · Score: 1

    Slandered, abused, harassed or libeled Apple I'd agree with you.

    If ThinkSecret published the formula for Coke or specifics about Apple's OSX internals and other trade secrets I'd agree with you.

    ThinkSecret published a rumor about Apple's up and coming product lines.

    If they'd even reprinted restricted company marketing sheets given to select individuals I'd agree with you, but they published HEARSAY which isn't even admissible as witness testimony (IANAL) in a criminal case!

    I think ThinkSecret should have the right to publish corporate gossip and THAT'S Free Speech. If Apple's got a corporate leak that's THEIR problem and there's a myriad of ways to figure it out without infringing upon a basic liberty.
    (And I support Apple trying to hunt down their leaks too...)

    1. Re:If ThinkSecret by Macadamizer · · Score: 1

      "If they'd even reprinted restricted company marketing sheets given to select individuals I'd agree with you, but they published HEARSAY which isn't even admissible as witness testimony (IANAL) in a criminal case!"

      But this isn't a criminal case...

      In any event, not all hearsay is inadmissible -- in some cases, there are loopholes big enough to drive a truck through...

      And acting on information received from another -- hearsay, in your words -- CAN result in criminal or civil liability in many cases -- securities violations (a la Martha Stewart) for one...

      "I think ThinkSecret should have the right to publish corporate gossip and THAT'S Free Speech."

      Remember, the first amendment was put into place to allow people to freely bitch about their government -- it wasn't put into place to allow insider trading, or to allow theft of trade secrets, or dissemination of provate information.

      If someone tells you someone else's social security number, should you have the right to publish it? What if it was your SSN (assuming you are in the U.S.)? What about your checking account number and PIN code? I mean, if you can't keep track of them, that's YOUR problem, isn't it?

      --

      "That's not even wrong..." -- Wolfgang Pauli
  133. Re:Well... another study by athomascr · · Score: 1

    But another study found different results, based on barking-head analysis: "Scientists measure spin of Bill O'Reilly.

  134. RIP Blogs by oldgeezer1954 · · Score: 1

    Blogging has pretty well outlived it's usefullness on the whole. There are still some useful blog sites but for the most part they've been taken over by interest groups, for advocacy, and even the corporate world as a form of advertising. Certainly in some respect that's what blogs always were but now it's commercialized, coordinated and professional. I think it will be around as long as the web exists but it's no longer (just) a passionate voice speaking out. It no longer has the meaning it had for an all too brief period.

  135. Why are we fighting this? by Nikker · · Score: 2, Insightful

    I would just like evreyone to step back and think for just a moment. Are we saying / fighting this because it would get ThinkSecret out of a jam or because we want to change the way blogs are seen from a guberment perspective.

    We should first evaluate the strengths and weaknesses and make sure those support the free speach that we have grown to love.

    In short lets not start fighting until we know what we are fighting for.

    --
    A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
  136. Re:Here goes... discussion killer by siliconjunkie · · Score: 1

    Journalism is writing about something, be it a journal of your personal hygene habits [or lack thereof] or of Government opression. News is in the eye of the beholder.

    Let's not confuse journalism with news.


    No dude (or dudette), journaling is what you are talking about. Journalism is something entirely different.

    Journalism:

    1. The collecting, writing, editing, and presenting of news or news articles in newspapers and magazines and in radio and television broadcasts.
    2. Material written for publication in a newspaper or magazine or for broadcast.
    3. The style of writing characteristic of material in newspapers and magazines, consisting of direct presentation of facts or occurrences with little attempt at analysis or interpretation.
    4. Newspapers and magazines.
    5. An academic course training students in journalism.
    6. Written material of current interest or wide popular appeal.

  137. "Blogging" Too Broad a Term To Be Useful by reallocate · · Score: 2, Interesting

    Blogging is far too broad a term to use with precision. It simply means the act of publishing something -- anything -- on a blog.

    Likewise, writing is far too broad a term to use with precision. Most of what is written and published is not journalism, regardless of where it is published.

    Then there's this: all reporters are journalists, but not all journalists are reporters.

    Here's the point: journalism and reporting are types of behavior, rather well-defined, that merit protection. It is irrelevant where the product of that behavior -- the writing -- is published. If it happens to be published in a blog, then it merits protection.

    But, simply writing for a blog doesn't, by itself, merit protection, anymore than writing for a newspaper, by itself, merits protection.

    That means that if the ThinkSecret guy engaged in something we'd recognize as reporting to get that sotry, then the court's decision should apply to any and all journalists, whether they publish in a blog or not.

    --
    -- Slashdot: When Public Access TV Says "No"
  138. Not Quality, But Behavior by reallocate · · Score: 1

    The media has nothing to do with it. It's all about the quality.

    It isn't quality, it is behavior. If a Star employee acts and behaves like a reporter, then produces a story, that's journalism (regardless of what you or I might think of the story). If that employee sits at a desk and fabricates an entire story, that's not journalism.

    I'm sure the Star's legal staff, or that of any supermarket tabloid, can fill in all the details.

    --
    -- Slashdot: When Public Access TV Says "No"
  139. With attempts of applying McCain/Feingold by Shivetya · · Score: 1

    I would think that by default makes Blogs journalism. Granted that G/F is one of the most horrific assualts on our rights as citizens that we have ever seen.

    Blogs have their place. It will be up to individual bloggers to earn their credibility. They are starting off a handicap as it is. Popularity and frank discussion of what is written will determine who among them are journalist and hacks.

    The big threat is using heavy handed bullshit laws like G/F to stifle even this form of written expression.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  140. Short History of Journalism by lingoman · · Score: 1

    People often ignore how disreputable the news business was for most of its history. In the 18th century, journalism was no more than an adjunct to political parties (such as they were then) and its mission was to spread the party line. In many parts of the world, this is still true. Journalism was big business 100 years later with the assorted hype and fictions that William Randolph Hearst peddled. Later, the life of the guys depicted in 'Front Page' in the 30s was real enough. Reporters were not generally educated and they were not sought after for dinner parties or boring public television shows. What they did for a living was anything but holy. Things got serious during WW II, when everything was serious, and this notion of serious reporting began. It got very serious in Watergate when reporters brought down an unpopular president. Since then, every J-school kid dreams of bringing down a president, and they almost had one in Clinton. But what does it all mean? Newspaper reading keeps going down, down, down. The New York Times has fiction writers on the staff. All that serves to remind us that journalism is not some kind of priesthood, just people who have the cash and time to write down their stray thoughts and shoot their mouths off -- or hire others to do it for them. That, indeed, is what is protected by the Bill of Rights. A.J. Liebling, august critic of journalism, said something like freedom of the press only applies to those who own one. There's the key. Two-hundred years ago, it was tough to typeset and print a few sheets of paper, and then how were you going to distribute them? Think of the expensive hardware a newspaper needs today. Not to mention TV, watching around the clock for every move Michael Jackson makes. But in the last 50 years, TV made mincemeat of newspapers in America. Now the Web. Now anyone with a $500 PC and a telephone is a publisher, and has a potential worldwide audience for anything he or she cares to say. Every bit the journalist as the TV actor who shuffles the paper in front of the camera or the egomaniac who is on a mission to bring down a president, every bit as protected by the Bill of Rights. Most newspapers and TV stations rip 'n read -- that is they go to the two or three wire services and rehash the articles. Why is that different from what happens here? Because once in a while reporters make phone calls or retype press releases? Any blogger, or whatever, who gets on a couple of mailing lists and receives announcements from business and government has everything the New York Times needs to produce its stories. What's hard about the Times's operation is those two big printing plants. So bloggers, all you need is someone who clicks -- so get cracking on figuring out the Google page ranking and get to the top of the list -- a better deal than Ben Franklin ever had.

  141. what is journalism, what is blogging? by ahowl · · Score: 1

    taken from http://www.thefirstamendment.org/shieldlaw.html 'The Shield Law protects a "publisher, editor, reporter, or other person connected with or employed unpon a newspaper, magazine, or other periodical publication, or by a press association or wire service" and a "radio or television news reporter or other person connected with or employed by a radio or television station." The Shield Law also likely applies to stringers, freelancers, and perhaps authors.' do blogs fit that requirement?

  142. Meaningless Question by bokmann · · Score: 1

    you might as well ask 'is typing journalism?'. Some blogs will be journalism, some blogs won't. Journalism is more an activity than a venue for words.

  143. No, a blog is commentary, while journalism is... by Wonderkid · · Score: 1

    ...a learned skill which comes about from being educated in the methods, ethics and practices that go with such a sensitive and vital occupation. I started my blog in 1994 (yup, 11 years ago) and always mentioned in my disclaimer that it was based on my opinions and observations. The patterns us bloggers see in the clouds depend on the viewing angle, while journalists will (should!) spend time viewing the clouds from assorted angles to obtain the truth.

    --

    O'WONDERWe're working on it.

  144. audience counts by maggern · · Score: 1

    Everyone with an (free) audience is a journalist.

    I'm drunk, but I'm right.

  145. the definition of journalist by Anonymous Coward · · Score: 0

    is "one who keeps a journal"

    One definition of journal is "a chronological log of events or ideas"

    A blog is a web log, and many of them are ordered chronologically, and detail events or ideas.

    So, basically, what I'm saying here is that you're all a bunch of idiots except me.

  146. No ..... by Usagi_yo · · Score: 2, Insightful

    Blogging isn't journalism, but todays journalism isn't "JOURNALISM" either.

  147. SSN's are trade secrets... by the_skywise · · Score: 1

    (or they should be anyway)

    I'm making a distinction between an actual trade secret (Coke's recipe, Colonel Sanders 11 secret herbs and spices) and company gossip (Microsoft is working on a new version of Office and a new version of Windows...ooooh hot news!)

    Somewhere in there is the quasi legal stuff... (The new Pentiums have a math flaw... Vioxx may increase heart attacks...)

    I think a better allegory is if someone tells me that my neighbor is going to build an radio antenna tower on his property for his HAM hobby. Do I have the right to publish that in the housing newsletter?

    1. Re:SSN's are trade secrets... by Macadamizer · · Score: 1

      "I think a better allegory is if someone tells me that my neighbor is going to build an radio antenna tower on his property for his HAM hobby. Do I have the right to publish that in the housing newsletter?"

      Sure -- but it's because it's not a trade secret, or otherwise secret information. If someone tells you something, it's not secret (there's actually a concept known as the "unreliable ear" --basically, you have to assume that anything you say to anyone can get out -- if you want something to remain secret, keep it secret. Or make 'em sign an NDA...)

      Trade secrets are specifically defined in the law as information kept by an organization (corporation usually) that is both a) kept secret, and b) valuable because it is kept secret. Marketing information -- like when and what a company is planning on releasing -- is usually considered to be a trade secret because any value the information might have -- be it to create a "buzz" or to suprise the world or whatever -- is based on the fact that the info is secret.

      In your example, Coke's recipe and the like are definitely trade secrets. The fact the MS is working on a new version of Office is simply company gossip. But the release date of the new Office, the price of the new Office, the feature set of the new Office, those would very likely be trade secrets, if they were actually kept secret.

      An SSN isn't a trade secret either, because you are not an organization -- but it is a personal record, and release of someone's SSN could lead to both criminal (under identity theft laws) and/or civil (the tort of invasion of privacy) liability...

      --

      "That's not even wrong..." -- Wolfgang Pauli
  148. Just Like Us Only Better by Stormy+Dragon · · Score: 1

    The real question isn't whether or not a blogger is a journalist, but why journalists are treated as being above the law. The first ammendment was intended to apply to everyone, not just some elite class of journalists. If free speech guarantees a right not to testify at a grand jury, then that right should apply to everyone.

  149. yes, no, maybe so / promise never to repeat by d0wnr11g3r · · Score: 2, Insightful
    I'd say some bloggers definitely qualify as journalists...those that do extensive research and aren't just editorializing.

    Most blogs however are poorly written, poorly researched and just platforms for people to voice their opinions - definitely not journalism by any stretch of the imagination.

    In regards to the Apple/thinksecret case - the blogger wasn't acting as a journalist...you can't violate an NDA and then try to hide behind the shield of being a journalist. He signed the NDA first, then released the information to the public...he may not have been editorializing, but he was violating a contract w/Apple that had to be respected first, even if that infringed on his 1st amendment rights and his desire to be a journalist.

    Yeah, it sucks he got nailed - but you can't blame Apple for defending it's NDAs and the gross violation of their trust with the particular employee responsible. You can bet that any company in a similar situation would do exactly the same thing, otherwise the NDAs have no weight and are pointless. Given the current environment with patents and the laws surrounding them, it's important that if someone actually innovates, they be given an opportunity to actually make something of those innovations. In truth, this didn't hurt Apple that much, but they at least need to set the record straight in regards to what they'll tolerate and what they will prosecute - the next time someone pulls something like this, it could be much more costly to them.

    As an aside, is Taco trying to figure out what to put on his Resume(journalist??)?? I keed!

  150. But what about fuzzy areas... by the_skywise · · Score: 2, Interesting

    Like the recent Vioxx scandal. That was all protected under NDA. There were concerns that Vioxx might increase heart attacks but the initial research was statistically inconclusive and so the results were buried. For several years.

    In this case, the object of the contract is still lawful (there wasn't CONCLUSIVE evidence) but a corporate leak at this point might've saved hundreds of lives.

    Or how about Windows virus announcements? You could have a security issue that Microsoft wants to keep buried. But it's only a theoretical issue not seen in the wild and Microsoft's going to patch it in the next service pack release... Is it a violation of NDA to leak that info?

    Like someone else on here posted. How do you know you have a protected violation of the NDA until after you've violated the NDA and other people have decided that for you? (and maybe not in your favor)

    1. Re:But what about fuzzy areas... by dutky · · Score: 1
      the skywise wrote:
      Like the recent Vioxx scandal. That was all protected under NDA. There were concerns that Vioxx might increase heart attacks but the initial research was statistically inconclusive and so the results were buried. For several years.

      In this case, the object of the contract is still lawful (there wasn't CONCLUSIVE evidence) but a corporate leak at this point might've saved hundreds of lives.

      Or how about Windows virus announcements? You could have a security issue that Microsoft wants to keep buried. But it's only a theoretical issue not seen in the wild and Microsoft's going to patch it in the next service pack release... Is it a violation of NDA to leak that info?


      Neither of the examples you gave are obviously unlawful, un-ethical maybe, but not unlawful on their face: violation of the constitutional protection against involutary servitude is obviously unlawful on it's face. Any NDA that might prevent revelation of such matters would be voidable if an attempt were made to enforce it.
      Like someone else on here posted. How do you know you have a protected violation of the NDA until after you've violated the NDA and other people have decided that for you? (and maybe not in your favor)

      Obviously, if you think that you have witnessed unlawfull actions and are bound by an NDA that may prevent you from discussing the matter, get yourself a lawyer (hire your own, don't use the lawyer for the folks you signed the NDA with) and ask his or her advice. Your lawyer will be able to tell you what to do from there.

  151. Of course it is by hotspotbloc · · Score: 1
    Was Thomas Paine's Common Sense journalism? Were the "Publius" Papers journalism? Not to the Crown but it was to the Colonists. From the Federalist Papers to Abby Hoffman's early Mimeographed writings in the 1960s to blogging on the Internet today, it's all journalism. Just the medium has changed. The only ones saying it isn't are many of those in the "traditional" media and those that enjoy the fruits of their labors. And this is coming from someone that use to work as a videographer for a Boston tv station and writer for a daily newspaper.

    Religion didn't or wouldn't recognize the value of nonreligious books when they started out.
    Book publishers didn't or wouldn't recognize the value of newspapers when they started out.
    Newspapers didn't or wouldn't recognize the value of broadcast radio when it started out.
    Broadcast radio didn't or wouldn't recognize the value of television when it started out.
    Did you expect something different when it came to blogging?

    So long as the message conveyed is independent of it's subject material IMO it's journalism. Which would you consider to have more "journalistic integrity": slashdot or newsmaxx?

    Blogging is here to stay and news syndicates, in their current form, will be dead in a twenty or so years. Some people just can't handle change. TFB.

    --
    "I hate to advocate drugs, alcohol, violence or insanity but they've always worked for me" - HST
  152. given your name, you'll like this analogy by Scudsucker · · Score: 1

    Britney Spears changes clothes, sometimes several times during a concert. This is a fact. No doubt she gets naked in the process, so we can safely reguard it as fact that Ms. Spears gets naked from time to time. Does that mean that Juggs magazine can get away with getting photos of this state of nakedness from some unnamed source and printing the pictures, in the name of facts? And refusing to name the source under pretenses of journalistic integrity? I don't think so.

    Think Secret is doing the technical equivilant of publishing nude photos of celebrities. Was the public served in any way shape or form by Think Secret? Not in the slightest. Merely "publishing" facts does not make you a journalist.

  153. Yes, by which I mean "no". by sjasja · · Score: 1

    Blogging is as much journalism as lap dancing is freedom of speech.

  154. Blogging is a medium, journalism is a methodology by Anonymous Coward · · Score: 1, Insightful

    Journalism can be expressed in any media. It is not the medium that matters, it is the technique and integrity. See Marshall McLuhan.

  155. Q: Is blogging journalism ? by TractorBarry · · Score: 2, Funny

    A: No.

    It's the delusion that the world is remotely interested in what you had for breakfast this morning.

    --
    Sky subscribers are morons. They pay to be advertised at !
    1. Re:Q: Is blogging journalism ? by KD5YPT · · Score: 1

      The world might not be interested (unless you're a celebrity). But I would bet someone out there is interested.

      --
      In US, you can easily buy enough major firearms to wipe out your neighbourhood but a few little fireworks are banned.
  156. Quote by Anonymous Coward · · Score: 0

    "The trouble with fighting for human freedom is that one spends most of one's time defending
    s. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all." --H. L. Mencken

  157. Vast majority seem to be a waste of space and time by 93+Escort+Wagon · · Score: 0, Offtopic

    At the risk of angering everyone on Slashdot, many of whom are probably bloggers...

    Has anyone else run into the problem of blog entries largely killing your ability to find useful information on particular topics? I've had a couple experiences recently where I was trying to find specific info via Google; but it seemed like the first 100 or so results were worthless blog rants.

    --
    #DeleteChrome
  158. Is journalism, journalism? by benjamin_pont · · Score: 1

    I wouldn't call a constant stream of sensationalized, celebrity-driven 'info-tainment' journalism. It's only meant to pull in the maximum number of eyeballs to push advertising and increase advertising revenues and ratings. It's all about business...Jon Stewart's vexations about "Hurting America" be damned! Oh look! It's Keith Obermann reading from a teleprompter...a bunch of funny words someone else wrote for him while he tries to mimick Letterman's schtick! Ho Ho...Ha Ha! He's funny.

    On the other hand, many blogs are just biased blatherings on whatever the "mainstream" media is reporting. So, in a sense, the bloggers are parasitic.

    Actually, come to think of it, journalism is nowhere to be found. ...and now a word from our sponsor.

  159. Is Blogging Journalism? by Anonymous Coward · · Score: 0

    NO

  160. Re:Definately wrong by Anonymous Coward · · Score: 0

    Whether the source is under an NDA or not is meaningless--if that source wants to break it of his own free will, that's his business. If the paper is under an NDA (a very rare occurrence, although they might hold a story to satisfy a source) then they can't publish.

    How do you think the Philip Morris/cigarettes are addictive stories broke?

  161. Yes and No by wideBlueSkies · · Score: 1

    No less and no more than say, glossy magazines are.

    I don't think that the medium defines whether or not it is journalism (or art or whatever)... it's the content, and the creator's intent, and ultimately the interpretation of that content that defines this.

    wbs.

    --
    Huh?
  162. Defining Journalism by macemoneta · · Score: 2, Insightful

    I see a lot of folks arguing about the definition of journalism, and whether or not writing a blog qualifies. Well, my dictionary says that journalism is:

    "The periodical collection and publication of current news"

    Unless the court has a different definition, then blogging is journalism. There is nothing that I can see from the dictionary definition that would exempt it.

    --

    Can You Say Linux? I Knew That You Could.

  163. Re:Vast majority seem to be a waste of space and t by antispam_ben · · Score: 1

    I've sometimes Googled for a phrase in an attempt to find its origin. About two years ago the "world's best golfer is Black, world's most popular rapper is White, the Germans don't want to go to war..." thing was hugely popular. It showed up in thousands of blogs, though going by date I was able to find out who said the original (Charles Barkley), exactly what the original was, and when some of the newer things were added to it. It's bad enough people just dump stuff with the intro "I just read this today, wow!" into their blogs, but what's worse is these quotes rarely include attributions.

    --
    Tag lost or not installed.
  164. Issue is not research. Issue is gov out of bounds by Ungrounded+Lightning · · Score: 2, Insightful

    The preservation of freedom of the press requires a very open view of what is considered "the press". To define it too narrowly opens the door to a tremendous loss of freedoms that the constitution is designed to protect.

    Exactly.

    The constitutional protection of the press is to prevent suppression of viewpoints and information by the government. What the judge was ruling on is whether the state-level journalist protection law applied to this blog. Letting that government pick and chose what is press - in order to remove protections from those it declares "non-press" - is a very slippery slope.

    Amount of research going into a story is immaterial. (Can you imagine this judge claiming CBS' _60 Minutes_ is not "Press" because of its inadequate research on some of their stories?) Besides: By this measure MacInTouch would qualify as Press.

    The distribution medium is immaterial. (Can you imagine this judge declaring CBS News - TV, Radio, or their web site - is not "Press" because it's not printed on paper?)

    Even if you use some measure of whether they're reporting news MacInTouch is pretty clearly "Press". They're publicly reporting new information of interest to a broad readership of more-or-less ordinary people, many of whom are using it to make consumer decisions about their next computer purchase. (Can you imagine this judge declaring, say, the Detroit Free Press to not be "Press" if it reports leaked information about GM's next model year cars?)

    IMHO the judge erred, and I suspect (and hope) that he will be reversed on appeal - if he doesn't change his mind before that.

    I can see how he might be trying to head off a situation where every cracker, corporate espionage operator, and extortionist puts up a web site in order to claim protection under the journalist shield laws. But IMHO such things should be easy to distinguish. Current shield laws don't protect the mainstream press in such a situation. So there's no need to declare a blog to be non-press to avoid the problem.

    This thing should be decided solely on the same criteria that would be used if MacInTouch was a print journal.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  165. Having trouble paying off your loans to DeVry? by Anonymous Coward · · Score: 0

    In Bush Chimpler's AmeriKKKa?

  166. please by ftide · · Score: 1

    Yes it definitely is ALL the time.

    Bloggers input is commensurate to their political / personal involvement. Aside from propagandists, why would anyone spiel on the Web for no reason?

    No ifs, ands or buts. Blogging is individuals staying at the forefront of *.gov reform. Anything else is BULLSHIT because that's the def. of a spoken and written revolution.

    Peace

  167. Which definition of Journalism? by antispam_ben · · Score: 1

    Looking here, these two definitions appear to conflict badly:
    2 ... b : writing characterized by a direct presentation of facts or description of events without an attempt at interpretation c : writing designed to appeal to current popular taste or public interest
    It appears that to be a successful journalist, one must carefully straddle the line between these two meanings.

    Bloggers may well fit definition c., though admittedly most blogs are not well 'designed.'

    I have this blogservation:
    Ben's Rule of Bloggers: Everyone will make someone else famous for 15 minutes.

    And finally, my off-the-cuff definition:
    Journalism: The promotion of and belief in the inherent goodness of Journal Bearings

    --
    Tag lost or not installed.
  168. Secrecy and shield laws by ReverendJake · · Score: 1

    American Journalism Review had a great article last month about the assault on shield laws.

    I realize that shield laws and ThinkSecret's NDA smackdown aren't quite the same thing, but the AJR article is great.

    Figured I'd plug it.

  169. Re:Blogging isn't journalism.Journalism is journal by menace3society · · Score: 1
    The medium is not the message.

    The medium is not the message, except in the case of blogs. Don't you read any? 90% of them are about how much better blogs and blogging are than print or televised sources of information, the immanent demise of (Old|Big|Mainstream|Corporate) Media, and the possibilities for blogs to revolutionize communications (without, of course, actually doing anything to further these goals).

    Naturally, the other 10% of blogs are even more stupid and self-absorbed: who's dating who; who likes what food, clothes company, movies, or computers; buzzword-laden business strategies of the week; complaints about said business strategies; etc.

  170. Simpsons Nailed This One by shoptroll · · Score: 1

    Anyone remember The Simspons episode where Lisa gets the family to buy a computer and they get it hooked up to the Internet and Homer creates the "Mr. X" homepage?

    Blogging reminds me an awful lot like that, just they're much easier to get started than creating a simple HTML webpage since sites like Blogspot and Livejournal do all the work for you.

    Sign up for an account, fill out a text field with the text you want to put up there, and voila! Instant webpage.

    Simpsons nailed this years before blogging became popular. If someone can get their blog to be considered seriously by the rest of the world as news, more power to them. Just remember the lesson at the end of the Simpsons episode: Just cause someone says it's news, doesn't make it news.

    --
    Insert Sig Here
  171. Is mutilation medicine? by Anonymous Coward · · Score: 0

    The problem with art is that anyone can claim to be an artist. There is no certifying body.

    Original journalism was based around the person's ability to get into favor with those who owned the medium, the machines capable of printing.

    Now with that barrier removed, we need some new way to discriminate and filter. Proximity to the source matters the MOST (everyone has an opinion, not everyone is a witness.)Popularity often makes someone's quality self-evident, in other cases, it does not (Drudge.)

    My problem with blogs is that in most cases, it's second, third, or even fourth hand information and opinion being regurgitated. In fact, in my mind, the word "blog" is synonymous with "bored punter who has more opinions than contacts, who wants to be recognized in a field he/she never bothered to pursue through regular correct channels."

    The only word more stigmatic is "journal"

    BARF
    Journals SUCK

  172. Ah yes, the Zen of Journalism(tm) by Anonymous Coward · · Score: 0

    You are a journalist worthy of legal protection if, and only if, you meet one of the following criteria:

    1) you are employed by a wealthy media emprie and your writing/published opinion is in line with the goals of that organization (note this is not necessairly bad, if said organization's goal is absolute truth, but name me one American corporation who's interested, even slightly, in absolute truth).

    2) you are indepently wealthy and have no particular desire to stay that way (in the intersted of liberty, truth, justice and all that jive).

    *EVERYONE*ELSE*is nothing more than meat for the judicial industrial complex.

  173. Reasonable [something] clause. by AKosygin · · Score: 1

    The amount of reasonability of ones action in a court of law is directly proportional to the ratio of your lawyer charging you over the amount your opponent's lawyer charging your opponent.

  174. The Difference Between Journalism and Not by mkiwi · · Score: 1
    There is a very simple way to determine who gets "Journalist" status (as in professional). Anyone can be a journalist by reporting whatever story they want. This is a good thing. However, it does not make you a professional journalist.

    For a blog to be considered as an entity like the NY Times, a good indicator of how worthy they might be would be to see if blogs had a press pass to certain events. If they don't, they're not professional journalists, and they get no protection. If a blogger CAN get a press pass to some event, then chances are pretty good that they have the professional standing to avoid messes like these.

    Also, legitimate journalistic entities tend to have some kind of oversight to see that a story is reported correctly.

    A final note: your vaildity as a journalist depends on how much other entities respect you as a journalist. (Read: Journalist status is relative to your credibility with existing journalists)

  175. Fact vs Opinion by boron+boy · · Score: 1

    Blogging is not journalism. Journalism reports the facts in an objective manner. I haven't seen one blog that does this. Of course by that definition most "news" services could not be called journalism. It's ironic but the best news services we have in australia aren't the commercial ones, but the ones owned and run by the government.

  176. BROOKLYN-Blogging is NOT journalism. by Anonymous Coward · · Score: 0

    Blogging is simply an online journal, but it is far from Journalism. Journalism requires background information, fact checking, dissemination of information - general reporting. A blog can be a poem, random though, minutes from a meeting - a disorganized paragraph or two stating nothing other than the writer's "Stream of Conciousness" ramblings.

    Therefore, simply, WEBLOGGING (I hate the term blogging, which is a bastardization of WEB-Logging) is not and never was intended to be journalism.

    BROOKLYN>

  177. test by Anonymous Coward · · Score: 0

    test

  178. This Just In! by TheWordOfB · · Score: 0

    NO IT ISN'T. Anyone can write an editorial, but it takes a respected organization and a proven track record of ethics to be considered trusted journalism. Sorry, Livejournal, Xanga, NBC, etc.. You're not journalists.

  179. Unlike CBS News by leereyno · · Score: 1

    If the NYT can do such a good job of covering its butt source wise, why can't CBS news?

    On the other hand it took a handful of bloggers all of a few hours to detect a series of forgeries that CBS tried to pass off as legit.

    Just because someone isn't getting paid by some big media conglomerate doesn't mean they can't be a journalist. Likewise even big media conglomerates are capable of the worst sort of journalistic corruption and incompetence.

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  180. What thunder?? by Anonymous Coward · · Score: 0

    All I hear from them nowadays are whines and wimpers.

  181. what the dictionarz.comhas to saz by FidelCatsro · · Score: 1

    journalism Audio pronunciation of "journalism" ( P ) Pronunciation Key (jûrn-lzm)
    n.

    1. The collecting, writing, editing, and presenting of news or news articles in newspapers and magazines and in radio and television broadcasts.
    2. Material written for publication in a newspaper or magazine or for broadcast.
    3. The style of writing characteristic of material in newspapers and magazines, consisting of direct presentation of facts or occurrences with little attempt at analysis or interpretation.
    4. Newspapers and magazines.
    5. An academic course training students in journalism.
    6. Written material of current interest or wide popular appeal.

    well acording to this , it both is and is not "6. Written material of current interest or wide popular appeal." under that deffinition it most certainlz would be , however i reallz disagree with that one , and im not sure but i belive it isnt in the cambridge or oxford dictionarys .

    3. The style of writing characteristic of material in newspapers and magazines, consisting of direct presentation of facts or occurrences with little attempt at analysis or interpretation...... That would rule out 99.9% of blogs and i feel it is how i see journalism as compared to editorialism "which most blogs seem to be"

    However since the deffinition apears to be rather confused
    I do not know if this can be awnserd .

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
    1. Re:what the dictionarz.comhas to saz by FidelCatsro · · Score: 1

      I know its bad form replying to my own post , however too late did i notice my keyboard was set to QWERTY as opposed to QWERTZ
      so the site i used was www.dictionary.com

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
  182. Journalism is just a red herring by Anonymous Coward · · Score: 0

    Seriously, it doesn't matter whether they're a journalist or not, its their conduct that matters. From what I've read, Think Secret actively recruited Apple employees willing to violate their NDA's. If it were for something other than the upcoming products, such as dumping, or abusing employees, then I'd say that what they did was proper, but for this? Its quite possible they've hurt Apple by doing this and considering Apple's small slice of the market, every ding they take is a coffin nail, so TS has nothing to be proud of, nor any way to justify their actions.

  183. HAHAHAHAHAHA!!!! by Anonymous Coward · · Score: 0

    Mod parent up, +1 Funny.

    "For purposes of legal defense, Star, Sun, the Weekly World News and so forth have their journalistic licenses."

    HAHAHAHAHA!!! "journalistic licenses". HAHAHAHA!!!

    Oh, wait, you were serious, weren't you? That's just sad. And such a relatively low UID, too.

  184. Re:Definitely by deadmule50 · · Score: 1

    Ya'll are awfully naive if you think these "journalist" bloggers aren't paid. Gawker Media pays their bloggers. Quite a few "bloggers" are really shills for a political interest group. These writers, though, are not truly bloggers. Just because the mainstream media calls someone who writes a paid editorial on a daily basis a "blogger" doesn't make it so.

  185. Re:Blogging isn't journalism.Journalism is journal by slasar · · Score: 1

    More people are using the Internet every day, http://www.axcessnews.com/national_0307051.shtml http://www.searchenginejournal.com/index.php?p=139 0 the ability it offers for the verification of material via corroborative website analysis, email correspondence and bulletin board communications is an amazing development for humanity.

    Journalism like so much else has to move with the times, and currently these times are travelling at the speed of light through fibre optics of the Internet backbone!

  186. Is blogging journalism? by mb12036 · · Score: 1

    No

  187. The answer is "the editor" by Saint+Fnordius · · Score: 1

    Well, in more traditional media forms this person is called the "editor". You could say he is the one who gets to mod stories up or down, send them back to be rewritten and toss out the garbage before it gets published.

    Some (but not all) blogs have editors. Slashdot has its editors as a front gate (simple accept/deny), as well as moderators to police the comments (and metamoderators to police the moderators). Atrios' Eshaton has no such editor, and even the comments are rarely policed.

    I guess the biggest problem is that before the internet, the const of entry (printing press, broadcast studio) was high enough to ensure that a certain level of professionalism was present--otherwise the audience would refuse to pay/read/watch, and that high investment becomes a millstone. Websites don't have that finaicial risk, meaning less incentive to be professional.

  188. Re:Here goes... discussion killer by Anonymous Coward · · Score: 0

    Well I guess that The mac rumor sites fall under #6, don't you?

    Looks like that definition is also a bit out of date, very 20th century. Certainly there are quite a few ways of "publishing" on the internet. And blogging would fall under several of those items in spirit.

  189. Not really by Mika24 · · Score: 1

    If it's professional set up and down with peer review then yes. But if some 10 year old kid decides to put a blog on the internet about the war in iraq then now it's a discussion.

    --
    http://www.npcgaming.com Dedicated Gaming Servers
  190. Sorry to pick at this whole blog issue but... by tod_miller · · Score: 1

    Is blogging journalism?

    If all blogs are journals and all blogging is journalism, then any blog is a journal and some journals are blogs. poppycock.

    The worst thing is DEFINE A 'BLOG

    [inserting insightful bit here] What you have to say is, not is blogging journalism, that is a VERY (yes bold and caps) narrow view of the problem, what we need to ask is, are peoples views, opinions, assertions, quips, IM's, emails, leaked documents, etc. etc. protected by any laws. Take fuckmicrosoft.com, it'd be a damn shame if the content of that wasn't protected.

    Also, The idea of a 'trade secret'. Who defined what was a secret, and it isn't a secret when it is leaked. I think the notion of throwing the legal system at someone to make them rat on someone else is flawed.

    Someone screwed you over, and told a secret, deal with it. It could have been conjecture. It is like plagiarism. If I get 1 million monkeys to write longhorn (I would have to head hunt them from thier current position... which is at redmond!) is that protected? copied?

    This whole article looks different if you replace 'blog' with 'webpage'.

    The word blog clouds and distorts the real question - blogging is a technology, and an ill defined one at that. Is a forum a blog?

    I think the clearer question is are sites like /. allowed to be 'clear carrier' (what is the term?) sites, where they are 100% unedited - thus are just providing a forum of communication, like a telcom.

    So once again, I ask, define blogging.

    You cannot, you see. Is a blog something with *blog* in the url? is a blog a technology? is my task applciation a blog? I can easily add new 'posts' to it by adding tasks...

    What is a blog, and what is a normal website? This is the problem you get by sticking naems to things, and then bending and misusing them.

    The whole web has become a 'blog' because the simplest lowest common denominator for simple posting is currently marketted under the buzzword 'blog'.

    Which I hate.

    Blog software in general is very convoluted, all these really narky features that I will never (And don't want to) understand. I hate how they are overly-flirtatious with google.

    OK enough with blog bashing. Ill pad the top of the comment with something insightful.

    --
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