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Apple Fails Due Diligence in Trade Secret Case
Brett writes "Despite claims to the contrary, it now appears that Apple didn't do any serious investigation inside the
company before they sued AppleInsider and the PowerPage. This is quite a bit of a problem because Californian law and First Amendment precedent requires Apple check up on itself
before threatening journalists. From the article, "It appears that Apple has adopted a shoot-first, ask questions later approach to dealing with rumors sites. The company took no
depositions, required no oaths from its employees, and failed to subpoena anyone related to the company or the development of the device in question.""
But does it make them any different from an ethical point of view? We trash MS a lot for tossing its weight around with trademarks and filing for silly patents, but here we have a direct competitor who blindly fires off an illegitimate lawsuit against free speech journalism. In essense, wasn't Apple just trying to throw its weight around as well just like MS would do?
Not to sound like a fanboy, but this what is attractive about Linux. There's no organization, good or bad, that I'm directly supporting by using it as my computer OS. Trust me, I think Tiger might be the best user-centric OS by miles, but Apple as the market leader would frighten me just as much as MS as the market leader and as such, I don't buy their products.
The summary is very conclusive that Apple failed to do something required by law. Though from TFA:
"The First Amendment requires that compelled disclosure from journalists be a last resort," said EFF Staff Attorney Kurt Opsahl. "Apple must first investigate its own house before seeking to disturb the freedom of the press."
Is the only source of this information in the summary this quote from an attorney working against Apple? If so, something stated by an opposing attoreny in the middle of a case shouldn't be taken as settled fact.
I'm a big tall mofo.
The article is not based on any decision made by a judge, it is based on what the opposing lawyers say. It is not even based on the _opinion_ of the opposing lawyers (which they might be very wise to keep to themselves), but on their interpretation that is most helpful to their clients.
It would be interesting to see what Apple's lawyers think about it. Maybe, just maybe, they have a slightly different point of few. Maybe they don't quite agree that the victim of a crime has to shoulder all the cost and hardship of the investigation.
They don't wanna lose their jobs,
"Of fucking course I didn't tell Apple Insider anything".
The mole may not even have known about a deliberate leak, similar to earlier this morning reading about Yahoo mail updates - this was 1st posted:
I saw the new interface when my cousin, who works for yahoo was visiting
liqbase
Well, yes, that's what a lot of us, many of us Apple users, do deny. We have opened the cases, and looked at what's in them, and we just do not see it. We see the same drives, opticals, memory, psus, graphics cards as in our Dell boxes. We see main boards manufactured by, I think, Asus. We don't see any particularly wonderful layout of the components. We don't even see in general better cooled or quieter cases.
And if you think failure rates and quality problems are any different, read Ars Technica. They just are not.
It would be lovely if it were different, especially for us users, but the facts are alas not so.
You're correct, there is very little difference in this so called 'Apple hardware' especially given the manufacturers are not in fact Apple, but Asustek and Quanta - the former outselling their own so called 'PC' laptops to Apple branded computers 10 to 1.
It is largely a well propogated myth that 'Apple hardware' is in any way better than that of other brands and there can certainly be no real claim of innovation in the industrial design department outside of superficial stylistic impositions on case and chassis design. Where cooling is concerned it can safely be said that the powerbooks are perhaps the most poorly designed of any portable's I've come across; many colleagues in fact prop their's up on a book just to allow for air to circulate underneath the thing.
Apple is a small company, they have no monopoly in any market, and in the market where they are the strongest (iPod) they do not show a tendency to prey on other manufacturers at the expense of the customer. They simply out-compete everyone else by producing a superior product (superior at least, in the definition of most consumers).
Microsoft on the other hand, has a monopoly in several markets, and exploits their position to maintain the monopoly at the expense of innovation, and ultimately the customer. Microsoft does not maintain their dominance in the market by producing a superior product (even the die-hard Microsoft apologists would conceed that point), they do it by force. Shady business practices, bastardization of standards, etc.
So yes, Apple pulls some stunts, like this one, which it should be criticized for. But to use this kind of misstep as an excuse for the absolutely unholy way Microsoft operates is to make a huge mathmatical mistake ;-). Microsoft has several orders of magnitude more impact on societ than does Apple, and therefore Microsoft -has- to be held to even higher standards.
Maybe they don't quite agree that the victim of a crime has to shoulder all the cost and hardship of the investigation.
This is not a criminal lawsuit. This is a civil case.
From Wikipedia:
In civil law cases, the "burden of proof" requires the plaintiff to convince the trier of fact (whether judge or jury) of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action, in order to recover.
If this wasn't the case, you would have companies making sweeping allegations and suing with no evidence. But no company would ever do that, would they?
Apple is a small company, they have no monopoly in any market, and in the market where they are the strongest (iPod) they do not show a tendency to prey on other manufacturers at the expense of the customer.
Then why can't I play songs purchased from iTunes on my Creative player?
Then why can't I play songs purchased from iTunes on my Creative player?
Same reason you can't see AIM buddies on your yahoo IM tool. Apple *created* their own network (iTunes). It's theirs to use. No other company has the RIGHT to inherently have their products work with with it. Compare and contrast this with Microsoft who has repeatedly *actively sabotaged* other companies' products from working with their system, especially when that system was pre-existing and open (hint: microsoft.com sent bad headers toOpera browsers).
Both Apple and Microsoft are evil to some degree, but the depth of their evil is entire leagues apart.
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