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Sony Demands Press Destroy Leaked Documents
SydShamino writes In an effort that may run afoul of the first amendment, Sony, through their lawyer David Boies (of SCO infamy), has sent a letter to major news organizations demanding that they refrain from downloading any leaked documents, and destroy those already possessed. Sony threatens legal action to news organizations that do not comply, saying that "Sony Pictures Entertainment will have no choice but to hold you responsible for any damage or loss arising from such use or dissemination by you."
You're an idiot. The first amendment ensures the freedom of the press.
Sony can't (successfully) sue them for breaking into their servers because they weren't the ones who did that (even then they'd have a hard time - look at what Murdoch gets away with).
Sony can't (successfully) sue them for libel / slander / defamation / damages because all of the shit leaked is true and no member of the press was under contract to not release that information.
Sony can't (successfully) sue for whatever else you can dream up, because that would be the government enforcing some law restricting the press from doing their job as the press, a clear violation of the first amendment.
The press hasn't done anything to Sony aside from reveal the truth.
Until you find the press has been actively hacking Sony, or has been trespassing on their property, or has been torturing Sony employees for info, or has been engaged in other such crimes in pursuit of this story, the press is free and clear.
Finding and disseminating truth is the press's job. This is exactly what the first amendment is designed to protect.
...and this is likely why, despite having their own large legal team, Sony Pictures hired David Boies to run this show. The aim is probably not to actually successfully sue anyone, but to spread FUD and create a chilling effect to limit what gets reported.
Mod parent up! (crap, I had points left yesterday.... :)
Parent makes the important point: There's existing SCOTUS case law for this, and Sony's legal-ish threats and demand for press et al to refrain from looking at embarrassing things wouldn't stand up in a stiff breeze, much less in a lower court.
Frankly I'm kind of surprised to see a relatively experienced lawyer such as Boies make a demand like this, even if he is a distinguished douchebag. Usually lawyers like him are concerned about appearances, and making laughable demands that evoke a Streisand effect is bad for business.
Unfortunately, parent is incorrect regarding the SCOTUS case law. Not the AC's fault, though - Eugene Volokh's quoted in the article and makes the same mistake. The case law refers specifically to publishing (actually re-playing) an illegally intercepted phone conversation on a matter of great public interest (specifically public teachers union negotiations with the school board). It explicitly says that its holding doesn't apply to trade secrets, private matters, or gossip... and what's the issue here? Trade secrets, private matters, and gossip.
Boies may be a douchebag, but he's a douchebag who actively practices law and apparently reads the cases in full, unlike the good Professor Volokh, who has never actually practiced.