A California court in San Jose on Thursday is scheduled to hear a case brought by Apple Computer that eventually could answer an unsettled legal question: Should online journalists receive the same rights as traditional reporters?

Apple claims they should not. Its lawyers say in court documents that Web scribes are not "legitimate members of the press" when they reveal details about forthcoming products that the company would prefer to keep confidential.

That argument has drawn stiff opposition from bloggers and traditional journalists. But it did seem to be sufficient to convince Santa Clara County Superior Court Judge James P. Kleinberg, who ruled in March 2005 that Apple's attempt to subpoena the electronic records of an Apple news site could proceed.

View: Full Story
News source: C|Net News.com



There are 14 additional comments
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Quote this comment Reply to this comment #1 Posted by angrybrit on 20 Apr 2006 - 15:01
Go go Apple.

Make sure the thieves gets what they deserve.
(4 replies) Quote this comment Reply to this comment #2 Posted by aristotle-dude on 20 Apr 2006 - 15:16
I don't think Apple cares about the blogger. They just want to find out who the leak is in their organization.

I have a blog, does that make me a journalist?
Quote this comment #2.1 Posted by bangbang023 on 20 Apr 2006 - 15:53
You could open a newspaper, does that make you a journalist? The real question should revolve around how the people are using their chosen medium. If it's to present facts about the world we live in, then, guess what? They are journalists.
Quote this comment #2.2 Posted by aristotle-dude on 20 Apr 2006 - 18:26
Sure but would you say spreading trade secrets is journalism or just facilitating industrial espionage and profiting off the intellectual property of others?

Opening a newspaper would not make me a journalist. Is Rupert Murdock an Journalist? No.

This blogger did not follow journalistic ethics or do any fact checking. If you are publishing unsubstatiated rumours or insider information which you cannot verify and does not serve the public interest, you are not practicing journalism. It really is that simple.
Quote this comment #2.3 Posted by gunky on 20 Apr 2006 - 19:33
that's a very nice idea, bangbang, but the reality is that a journalist is a person who writes for newspapers, magazines or for broadcast. whether they are good at what they do, or whether or not they are ethical with their position, doesn't stop them from being a journalist.

bloggers are not journalists. if the masses decide to get their news from blogs, in the future, then things will change.
Quote this comment #2.4 Posted by jak0bk on 22 Apr 2006 - 06:16
To gunky:

Journalist:
http://dictionary.reference.com/search?q=journalist

2. One who keeps a journal


Blog:
http://dictionary.reference.com/search?q=blog

a personal Web site that provides updated headlines and news articles of other sites that are of interest to the user, also may include journal entries, commentaries and recommendations compiled by the user



Uh oh, shot holes through that theory. Next question, please.

Edit: Added link to blog definition, moved journalist definition link under journalist heading.
(5 replies) Quote this comment Reply to this comment #3 Posted by aitf311 on 20 Apr 2006 - 17:07
This is crazy but maybe I am ignoring important things. It seems so black and white. If people know things, they have a right to talk or did our 1st Amendment privileges leave also?
Quote this comment #3.1 Posted by Netrack on 20 Apr 2006 - 18:15
unless it has to do with national security: your free to roam


I dont see how they can prosecute the public, its not like i walked into Apple and took pictures and posted them online, it was someone internal who let it out.
Quote this comment #3.2 Posted by aristotle-dude on 20 Apr 2006 - 18:30
Your first ammendment rights do not include stealing or disseminating stolen information from other entities. You cannot commit crimes and use our "rights" to get away with it. This is especially true if this information was not released to protect the public. There is no public safety issue involved or a matter of corruption.
Quote this comment #3.3 Posted by QuarterSwede on 20 Apr 2006 - 18:55
I agree aristotle-dude. People seem to think the 1st Amendment protects them from everything.
Quote this comment #3.4 Posted by Blindsleeper on 22 Apr 2006 - 06:31
online news sites should have the same rights as any other news form, as long as they are following the same guidelines as other news forms do (and yes this can include reporting on things based on information provided by confidential informents) The use of confidential informants and the right to not disclose them has been held up in the US court system time after time, it allows the public to gain information that they might otherwise never be privy to, even if said information was not intended for the public.

@aitf311 - most of our rights went out the window with the 'patriot' act.

Quote this comment #3.5 Posted by aitf311 on 22 Apr 2006 - 19:06
aristotle-dide: first amendment rights include anything dealing with free speech, the only exception is when immediate harm is caused from it to others....knowledge should be free, no matter what type.
(1 reply) Quote this comment Reply to this comment #4 Posted by vancity001 on 22 Apr 2006 - 17:28
I can't believe the blind fanboyism in here. If this was microsoft doing it you would all be complaining about big bad M$. It's rather sad.
Quote this comment #4.1 Posted by angrybrit on 24 Apr 2006 - 02:43
I'm not an Apple fanboy. I don't even own a Mac.

Posting other people's stuff is wrong. ThinkSecret just went too far.
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