Apple Loses Case Against Online Journalists

In news that personally makes me very happy, a California appeals court has ruled that online reporters are protected by the same confidentiality laws that protect traditional journalists, striking a blow against efforts by Apple Computer to identify people who leaked confidential company data. On Friday, the three-judge panel in San Jose overturned a trial court’s ruling last year that to protect its trade secrets, Apple was entitled to know the source of leaked data published online. The appeals court also ruled that a subpoena issued by Apple to obtain electronic communications and materials from an Internet service provider was unenforceable. In its ruling, the appeals court said that online and off-line journalists were equally protected under the First Amendment to the U.S. Constitution. Apple had argued that Web sites publishing reports about Apple were not engaged in legitimate news gathering but were misappropriating trade secrets and violating copyrights. This is very good for the online journalists and blog writers who don’t have the strength of a mainstream newspaper backing them.