Wired weighs in (again) on Apple vs people who break the law
Let me start by saying I haven't yet read the article, but according to Jason O'Grady, the May issue of Wired Magazine has an article that once again makes Apple out to be a belligerent Giant bent on ripping Jack's beanstalk out by the roots.Tom McNichol writes:
"Nick Ciarelli is the kind of guy Apple is supposed to love. At age 6 he began using his parents' Mac Classic and quickly became a zealot. At age 13 he launched a Web site devote to all things Apple, especially upcoming product releases, Now 19, Ciarelli has turned his site, Think Secret, into a must read for true Apple fans.
So why is the company trying to squash him?"
Tom, like so many others, continues to ask the wrong question. It's not why is Apple trying to squash its so-called fans - it's why are Apple fans so intent on hurting Apple?
Adam Penenberg, writing for Wired News, wrote an excellent article (mentioned by Scott last month). In the piece, he quotes from the Judge's decision to deny the EFF attorneys motion for protective order, seeking to prevent guys like Nick - and Jason O'Grady - from having to reveal the sources who provided the information that Apple considers to be trade secrets.
On the subject of free speech, which McNichol's article says Apple is trying to subvert, and whether or not the defendants in the case should be considered journalists, the judge said whether they are or are not journalists, "This is not the equivalent of a free pass," he wrote. "The journalist's privilege is not absolute. For example, journalists cannot refuse to disclose information when it relates to a crime."
And that sums it up pretty well. A crime was committed here and Apple has a right to investigate the crime against them. They deserve the respect and cooperation of their fans. I'm still baffled as to why I am so alone in this assessment because it seems like a no-brainer to me. People online and off need to start taking responsibility for their actions and stop whining when they get caught doing something wrong.
As I said, I haven't read the aricle. But I will. And if I am wrong about it, I will say so. Based on the excerpt I've seen so far, however, I don't hold much hope that it does anything to right any wrongs or help the so-called healing to begin. And that, my friends, is where the real tragedy lies.
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Let me start by saying I haven't yet read the article, but according to Jason O'Grady, the May issue of Wired Magazine has an article that...
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" I don't mind the firing of warning shots..." How many letters from Apple legal do you think TS (and plenty of other sites) received over the years? Are those not warning enough? It would be foolish to keep warning and keep threatening and then never follow through.
April 27 2005 at 3:59 PM Report abuse Permalink rate up rate down ReplySejuru, yes I am entirely too entrenched in Academia. It's painfully true (especially to me). However, I'm not Marxist. I'm more of a realist who has idealistic dreams. In an ideal world, I'd like businesses like Apple in situations like these to take a little bit less of a Goliath against David stance. I don't mind the firing of warning shots, but I think pursuing a full lawsuit when they have the money to do so and the sued don't is a rather severe abuse of imbalanced power that doesn't match the crime, no matter how legal letter of the law it is. I'd rather see Apple say, take this info down, search internally for the leaks, and not get the bad PR they are currently getting with their litigious actions.
April 27 2005 at 12:41 PM Report abuse Permalink rate up rate down ReplyFace it C.K. You've spent too much time in academia. More than just disenchantment with Apple, you're starting to sound anti-capitalist, even Marxist. Economics is not a zero-sum game. Great corporations create wealth, particularly those so innovative (like Apple) that they create entirely new markets. Tell me what is monstrous about that? Apple owns their intellectual property just as you own the products you've purchased.
April 27 2005 at 12:15 PM Report abuse Permalink rate up rate down ReplyI am unaware of all the details of the case, but is it not possible that Thinksecret's sources are people like the cleaning staff, or people who have not signed the Agreement refraining them to speak about new products? If this is the case then Apple has no right to sue, its their fault that specs are getting leaked. On the actual debate itself will someone please explain on how the 'leaks' are harming Apple. Someone famous once said "theres no such thing as bad publicity" and all that sites like Thinksecret do is generate buzz. Putting aside the legal standpoint I don't think it makes business sense for Apple to sue.
April 27 2005 at 8:48 AM Report abuse Permalink rate up rate down ReplyAl, no. They are mine. I like products. I tend to hate companies. Companies are like Godzilla. They provide me with entertainment and protection from other large monsters (other corporations), but they often step on little people in the process while filling the air with radiation. I am disenchanted with Apple, but they're the lesser of two evils in my book, so here I am...
April 27 2005 at 8:35 AM Report abuse Permalink rate up rate down Reply+1 Funny to Kesey (re: Kettle) C.K., tell you what. You're so disenchanted with Apple, why don't you box up all of your neat little Apple gadgets and send them my way. ;) Thanks for a lively discussion, everyone!
April 27 2005 at 7:40 AM Report abuse Permalink rate up rate down ReplyAnd to further Kesey's point: http://apple.slashdot.org/apple/05/04/27/0133247.shtml?tid=192&tid=187&tid=3 Apple is no different than any other bloated corporation with a big shot CEO.
April 27 2005 at 12:28 AM Report abuse Permalink rate up rate down Reply"And if your life is so boring that you need to read rumors or advance news about a company that makes consumer electronics in order to have fun... then maybe you need to get out a bit more." Hello Kettle.
April 26 2005 at 11:25 PM Report abuse Permalink rate up rate down ReplyIt's funny how Apple can be perceived by some as the anti-microsoft. Anyone who's had Apple hardware fail with no Applecare surely sees them for the corporate america corporation that they really are. Anyhow - point is - nobody would be surprised if Microsoft sued in this situation. Apple finally has the clout and doesn't stay true to its roots. They're like the dork that became cool in high school and made fun of the dorks.
April 26 2005 at 11:23 PM Report abuse Permalink rate up rate down Reply"Think Secret has the same problem as Miller and Cooper. If TS reveals their source, nobody will ever talk to them again. If nobody talks to them, they have nothing to report, TS goes away, either effectively or in fact, and the public loses a source of information. That is a bad thing for Think Secret. It's also a bad thing for the Mac fans who read TS." This is the silliest thing I've ever heard (ok, maybe just the silliest today). 1) the public's source of information should be the actual source, in this case Apple. Apple will tell us what they have planned when they want us to know. Not good enough for you? Tough. 2) Entertainment value is not a good reason to break the law or encourage others to do so. Let's put it this way - and I'm going to be overly dramatic for effect - let's say a company that makes porn videos decides that the real money is in child pornography. Sure enough, there are adults who have no qualms about shooting or participating in videos that feature sex acts with kids. But one day the porn shop gets raided and amongst other things, the police demand names and addresses of every person who participated in the making of the illegal and sickening filth that someone somewhere considers entertainment. Of course if Mr Kiddie Porn hands over the names of these scum bags, he's going to have an awfully hard time getting any other sickos to ever work for/with him again on his next illegal venture, isn't he? And think of all those poor perverts who are being deprived of the entertainment they once enjoyed... Give me a friggin break. TS doesn't have to publish illegally obtained trade secrets in order to be make money. Trust me - we don't work for free around here and we choose a different path. And if your life is so boring that you need to read rumors or advance news about a company that makes consumer electronics in order to have fun... then maybe you need to get out a bit more.
April 26 2005 at 10:30 PM Report abuse Permalink rate up rate down ReplyHot Apps on TUAW
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