EFF wins right to unseal Apple court documents
A MacCentral article by Jim Dalrymple, via Yahoo! News, reports that:
The Electronic Frontier Foundation (EFF) on Tuesday won the right to unseal court documents from Apple Computer. The documents show that Apple planned to subpoena the anonymous sources of two reporters from AppleInsider and PowerPage before conducting an investigation inside the company.
The lawsuit was brought against the sites when they printed articles about “Asteroid,” rumored to be a FireWire audio interface for GarageBand — Apple claimed violation of trade secret law.
The First Amendment and the California Constitution require that Apple exhaust all other alternatives before trying to subpoena journalists. Lawyers claimed the journalists should be protected by the First Amendment, an argument the group lost in court and appealed earlier this year.
Documents in the case show that Apple never took depositions, never issued subpoenas (other than to the journalists) and never asked for signed declarations or information under oath from its own employees, according to the EFF.
Apple argued that the internal investigation itself was a trade secret and should be sealed from opposing counsel. EFF lawyers successfully argued to have the documents unsealed.
posted by Fergie @ 9/13/2005 06:33:00 PM
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