COPYCENSE

“Applying traditional First Amendment protections to the exploding universe of online journalism, a state appeals court on Friday rejected Apple Computer’s bid to unearth the identities of individuals who leaked inside information on a new company product to bloggers.

“In a 69-page ruling, the San Jose-based 6th District Court of Appeal broke new ground by concluding that bloggers and Web masters enjoy the same protections against divulging confidential sources as established media organizations. Civil liberties groups and journalism organizations have argued that online journalists need to protect the confidentiality of sources just as much as traditional media, such as the New York Times and CNN.

“Apple triggered the closely watched case two years ago when the company went to court to pry loose the identities of individuals who leaked internal company documents on a new product called ‘Asteroid’ to three Web pages devoted to Apple-related news. Among other things, the plans for Asteroid, including an exact drawing of the yet-to-be released digital music device, were posted on a Web site called PowerPage, operated by Pennsylvania blogger Jason O’Grady.”

Howard Mintz. Apple Loses Case Against Bloggers. MercuryNews.com. May 27, 2006.

Related Stories & Documents:

Ellen Lee. Bloggers Can Shield Sources, Court Rules. SFGate.com. May 27, 2006.

Ars Technica. Apple Dealt Loss in Apple v. Does Trade Secret Case. May 27, 2006.

Court of Appeal of the State of California — Sixth Appellate District. Jason O’Grady et al. v. The Superior Court of Santa Clara County & Apple Computer Inc, (H028579) (.pdf) May 26, 2006.

Ina Fried and Declan McCullagh. Apple Thwarted in Bid to Unmask Leaker. News.com. May 26, 2006.

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