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Think Secret Gets Pro Bono Legal Help in Apple Lawsuit
by , 5:10 AM EST, January 20th, 2005
A lawyer specializing in freedom of speech and the Internet said Wednesday he will defend free of charge ThinkSecret.com owner Nicholas Ciarelli, who is facing a lawsuit over an article that revealed trade secrets about the Apple Computer Mac mini, the Web site has reported.
The 19-year-old web publisher and Harvard University student will be defended by Terry Gross, of the San Francisco-based firm Gross & Belsky. Mr. Gross said in an interview that Ciarelli and his Web site used proper newsgathering techniques.
"Think Secret's reporting is protected by the First Amendment," Mr. Gross said. "The Supreme Court has said that a journalist cannot be held liable for publishing information that the journalist obtained lawfully. Think Secret has not used any improper newsgathering techniques."
Mr. Gross said he plans to file a motion asking a judge to immediately dismiss the lawsuit.
Apple sued Ciarelli a week after his Web site published an article that revealed details of the US$499 Mac mini. Apple then announced the supposed new CPU on Jan. 11.
Another Think Secret story on Jan. 6 correctly predicted Apple's announcement last week of the $149, 1 gigabyte iPod shuffle digital media device.
Apple's lawsuit alledges ThinkSecret.com "solicited information about unreleased Apple products" and is seeking monetary damages and information about sources used in the story.
Observer Comments
Thu Jan 20, 2005 10:33 am Subject: Apple Tries To Silence Free Press
Thu Jan 20, 2005 10:39 am Subject: truth is an absolute defense
If he did nothing wrong, the suit will prove that (and Apple will actually have to pay the court costs).
But on the other hand, if the law was broken and he solicited stolen information, the First Amendment won't help him.
Just because he's 19 doesn't mean he's an innocent kid. Face it, this 19 year old kid ended up printing some pretty head stuff that was proprietary information held by a major corporation. It wasn't like he printed leaked government documents.
But like I said, truth is his defense. The burden of proof is on Apple. As it should be.
QuoteTiger wrote:
If he did nothing wrong, the suit will prove that (and Apple will actually have to pay the court costs).
But on the other hand, if the law was broken and he solicited stolen information, the First Amendment won't help him.
Just because he's 19 doesn't mean he's an innocent kid. Face it, this 19 year old kid ended up printing some pretty head stuff that was proprietary information held by a major corporation. It wasn't like he printed leaked government documents.
But like I said, truth is his defense. The burden of proof is on Apple. As it should be.
This is wrong. Apple will *NOT* have to pay court costs for thinksecret if they lose. The US court system does not work that way. Only if apple frivolously launched the suit, could they get court costs. That is a very difficult thing to prove, and barring exceptional cases, the costs will be bore by thinksecret's lawyers.
I like Apple even if i don't own anything with it's name on it. These guys worked very hard these past couple of years. The part that bothers me the most is the "totalitarian" side of Apple. Apple should have shut it's own mouth about these new toys the 1st place. You want to brag??? live with the consequences!!!!
Thu Jan 20, 2005 1:49 pm Subject: Truth is an absolute defense?
What? Truth is not an absolute defense, only in polemics and cheesy lawyer shows. You can reveal the "truth" about someone and still be subject to libel or slander litigation. If you deliberately hurt someone, you pay. Why should it be any other way?
If you hurt a corporation's shareholders by revealing (using) confidential information that could negatively affect the company or its products or plans, you pay too. And it does not matter whether you're a "journalist". Journalists do not get free rein to publish anything they like without consequences. They especially do not get free rein to publish information they know, or have reason to know, is confidential. And the TS guy solicited "secret" information. What do you expect to happen? Remember, journalists are NOT mentioned for any preference or freedom in the Constitution--it's just something they themselves like to propagate. They were never crowned the gods of information, to be above reproach.
I don't know the lawyer involved, but just because he says he specializes in internet and free speech issues doesn't mean he wins anything in those areas. Good luck with a "free speech" defense. It will never fly. And the internet as a vehicle for revealing information grants no special immunity to the publisher.
Actually, this case will never get to court: Apple and the defendant will reach an out-of-court settlement requiring him to apologize and mend his ways, and the leakers of the confidential information will be discovered and fired. End of story.
Thu Jan 20, 2005 1:54 pm Subject: slight correction
I was inaccurate to say Apple will HAVE to pay the court costs. What I meant to say is the court (and we all trust them don't we?) could direct payment of court costs to Apple as Plaintiff if he finds the suit frivolous (or even if he doesn't dismiss it outright and in the end Apple loses anyway).
I'm not taking sides here, I'm trying to point out there are 2 sides to the story in fact. (I personally do think he will win in the long run as the burden of proof will be too hard to make without a confession coming somewhere along the line if anybody actually did anything wrong).
This is a fine example of our justice and free enterprise systems at work. And yes, he should countersue, though for what I'm not sure, harrassment? As in some cases, this will hopefully be determined on merit. Oviously, some are not. Yet as I look at his site and see a fair amount of advertising revenue being generated to run his business, I am reminded, hey, this is a business just as plainly is Apple's. How would he like it if somebody took his product and put it out to the competition for their perusal? He may work alone. He may not. But if he had employees selling trade secrets to other companies and them paying for it, he'd be filing the same lawsuit. If an employee at the NYTimes was stealing news stories and selling to another organization, believe me, there would be major lawsuits there too.
Thus my point is, Apple is attempting to protect their business just like he would do and if he's going to play in the big leagues, he better be ready to duke it out. They have $4 billion in cash and some really high priced lawyers. He just got himself a high priced one for FREE. Good for him.
I work at a University. We're sued pretty much weekly. Somebody's always mad about something.
It's our culture, we have to live with it.
Thu Jan 20, 2005 3:49 pm Subject: Even though I know a bit of Latin...
I'm sure my words will piss off the Apple-loving community.
A good portion of Apple's revenue comes from litigation,
and their financial projections actually take that into account.
For the mega rich Apple to go after an individual like this
is very sad. It's crap like this (and the attack on Real's
Harmony service, and their unwillingness to license the Mac
technology that makes me HATE Apple.
I would never ever ever buy an Apple product, or recommed to
anyone else to buy one of their products.
They are a greedy pig-headed company that IS DESTINED to
crumble under the weight of their own stupidity.
I HATE Microsoft too, but at least they don't OWN/CONTROL
the architecture. If I hate Dell, there are other companies!
If I hate Apple, there is no Mac clone.
All you religious Mac fanatics should also be pissed that
Apple has maintained their price monopoly because of the
lack of competition. It's almost like they specifically
DON'T want 'just anyone' to have/buy/afford a Mac.
Now Please bear with this site while the rest of the
Mac/Apple Loving community flames me for the next 10 pages.
As a former Mac developer I am aware of Apple's non-disclosure agreements. The Think Secret editor did not have such an agreement. It is likely that those who give him, or another in the information chain, did have a non-disclosure agreement. Apple can go after them - if they can be found.
For Apple to win its suit it would have to be the case that all Apple, or any other corporation, has to do to protect company info is to declare it "secret"; since non-disclosure agreements are not required.
It would then follow that Apple has an automatic non-disclosure agreement with everyone on earth. Neat trick.
And if non-disclosure agreements are not required to protect a secret from being transmitted - why have them?
So I guess you hate BMW, Porsche, etc. because if you hate them then you can't get a BMW, Porsche, etc. engined 'clone' because they deliberately set their prices high so not just anyone can buy one.
Maybe the prices are high because the products and the experience is different or better or whatever. Like Apple they have models that are lower priced than their premium ranges but you still pay for what you get. Of course with the MacMini Apple have released a product that even YOU can afford.
Like a lot of PC zealots you just don't get it which is fine with us Mac zealots only if you stopped preaching about that which you know nothing about.....steps off soapbox and goes back to being productive on his PowerBook at work.
Unlike you, I as a National IT Manager who has exposure to thousands of employees, scream from the rooftops that they should all buy Macs for home and work unless they really need to play the one PC game which requires a new $1000 video card. As you can probably guess this is a very small percentage among these users. Suffice to say there are many switchers in the organisation boasting about their iPods, iMacs, iBooks, PowerBooks, PowerMacs and soon MacMinis who just get down to being productive and creative on their computers which don't slow down and need re-installing every 6-12 months and patching every few days.
Fri Jan 21, 2005 2:56 am Subject: Re: I hope it get's dismissed
Fri Jan 21, 2005 10:47 am Subject:
I'm sure my words will piss off the Apple-loving community.
A good portion of Apple's revenue comes from litigation,
and their financial projections actually take that into account.
For the mega rich Apple to go after an individual like this
is very sad. It's crap like this (and the attack on Real's
Harmony service, and their unwillingness to license the Mac
technology that makes me HATE Apple.
I would never ever ever buy an Apple product, or recommed to
anyone else to buy one of their products.
They are a greedy pig-headed company that IS DESTINED to
crumble under the weight of their own stupidity.
I HATE Microsoft too, but at least they don't OWN/CONTROL
the architecture. If I hate Dell, there are other companies!
If I hate Apple, there is no Mac clone.
All you religious Mac fanatics should also be pissed that
Apple has maintained their price monopoly because of the
lack of competition. It's almost like they specifically
DON'T want 'just anyone' to have/buy/afford a Mac.
Now Please bear with this site while the rest of the
Mac/Apple Loving community flames me for the next 10 pages.
I see you refuse to publish this TRUTH...
I'm sure my words will piss off the Apple-loving community.
A good portion of Apple's revenue comes from litigation,
and their financial projections actually take that into account.
For the mega rich Apple to go after an individual like this
is very sad. It's crap like this (and the attack on Real's
Harmony service, and their unwillingness to license the Mac
technology that makes me HATE Apple.
I would never ever ever buy an Apple product, or recommed to
anyone else to buy one of their products.
They are a greedy pig-headed company that IS DESTINED to
crumble under the weight of their own stupidity.
I HATE Microsoft too, but at least they don't OWN/CONTROL
the architecture. If I hate Dell, there are other companies!
If I hate Apple, there is no Mac clone.
All you religious Mac fanatics should also be pissed that
Apple has maintained their price monopoly because of the
lack of competition. It's almost like they specifically
DON'T want 'just anyone' to have/buy/afford a Mac.
Now Please bear with this site while the rest of the
Mac/Apple Loving community flames me for the next 10 pages.
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