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Old 05-27-2006, 11:40 AM   #1
ktinkel
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Default EFF victorious over Apple

Late Friday night, a California appeals court ruled in favor of the Electronic Frontier Foundation’s petition supporting the right of online journalists to the same protections as print journalists.

Apple Computer had sued alleged unnamed leakers who gave pre-release information about a new product to web sites (AppleInsider, PowerPage). It also sued e-mail provider Nfox for access to e-mail and other materials of Jason O’Grady, who publishes PowerPage.

The court said O’Grady is covered by California’s shield law as well as the U.S. constitutional privilege against disclosure of confidential sources. The court also declined to define “legitimate” or “illegitimate” news, citing a danger to the First Amendment in any attempt to do so.

This news comes from the EFF site, which also has links to the decision and more.

I find it interesting for many reasons, but it is also a mixed victory, as the courts seem to be hammering away at the rights of print journalists.

   
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Old 05-29-2006, 06:31 AM   #2
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Shouldn't Apple look for the root of the problem. If people are sending tips and leaks to the press, go after the leakers, not the press.

It's rather like having a leaky ship, and bailing the ocean rather than the boat.
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Old 05-29-2006, 07:00 AM   #3
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Originally Posted by donmcc
Shouldn't Apple look for the root of the problem. If people are sending tips and leaks to the press, go after the leakers, not the press.
That is what Apple sued over — it was demanding the journalists to give up their sources.

   
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Old 05-29-2006, 07:07 AM   #4
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Originally Posted by ktinkel
That is what Apple sued over — it was demanding the journalists to give up their sources.
Which is going after the wrong victim, of course. Run a tight ship and you don't need to bail...

I'm quite happy to hear about this EFF victory - as well as the recent one over Sony which will now have to reimburse people inconvenienced and put at risk by their spyware DRM system.

   
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Old 05-29-2006, 07:30 AM   #5
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Which is going after the wrong victim, of course. Run a tight ship and you don't need to bail...

I'm quite happy to hear about this EFF victory - as well as the recent one over Sony which will now have to reimburse people inconvenienced and put at risk by their spyware DRM system.
Me, too. I hope it has broader implications as well.

Macintouch has a longish piece on this decision. Here is a quote from EFF that appeared there:

"In addition to being a free speech victory for every citizen reporter who uses the Internet to distribute news, today's decision is a profound electronic privacy victory for everyone who uses email," said EFF Staff Attorney Kevin Bankston. "The court correctly found that under federal law, civil litigants can't subpoena your stored email from your service provider."

   
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Old 05-29-2006, 08:32 AM   #6
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I must have said that badly. What you say is what I was trying to say.
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