Think Secret: RIP

Posted by: Arik Hesseldahl on December 20

I haven’t said much about it in this space, but as much as I like Apple, I really have a problem with its lawsuits against the rumor sites, especially Think Secret. Word today is that Think Secret publisher Nick Ciarelli and Apple have reached a settlement that brings that suit to an end. But….one condition of the settlement is that Think Secret will no longer be published.

This is a dark day for Internet journalism. Of all the rumor sites out there, Think Secret had the best hit record, and very often had a fairly accurate rundown on the contents of a Steve Jobs keynote a day or two beforehand. Of course this fact, and its reporting of accurate details, garnered in part by Apple employees willing to leak finally brought the hammer down. Apple sued Think Secret in 2005 seeking the names of sources who gave Think Secret details about an unreleased product.

Now if this had happened to me, and I had published the information (which I would have) I’d be on solid legal ground, because, see, I’m a “journalist” who works for an Internationally known business publication. Ciarelli is a “blogger,” Apple has argued, and there’s a difference. I get protection from the U.S. Constitution, and Ciarelli, well he’s just some guy in a basement with an Internet connection.

The problem with that argument is that the lines between journalists and “bloggers” (I’m both?) are incredibly grey now. And I don’t think the First Amendment applies any differently to a person based on the size of their printing press or the number of hits they get on their Web site. It seems to me Apple’s getting away with deciding who the First Amendment applies to and who it doesn’t. And I happen to think that’s lousy. I’m sorry to see Think Secret go, and hope the same thing doesn’t happen to PowerPage and Appleinsider, the other rumor sites Apple has sued. I can see why Nick settled. He’s a young guy, and has been tied up with this thing now for nearly three years. But this sets a bad precedent.

Apple: Quit being so mean. Suing bloggers who help encourage your cult of selective publicity and persistent secrecy isn’t going to make you any friends, and in fact makes you look petty among the very people you consider core to your target market: Enthusiasts and early adopters.

And let’s face it: For every Nick Ciarelli you sue out of business, there’s going to be another five or 10 or 20 would-be Apple rumor bloggers who are willing to do exactly what he did. Of those, maybe one will rise to Nick’s level of prominence. I for one hope this happens soon. I also hope that at least one of the sites Apple has sued has the means to take this issue to trial, and to prevail before a judge, and get for bloggers, through legal precedent, the First Amendment rights they should already be assumed to have.

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Reader Comments

Jim Stead

December 20, 2007 11:04 AM

There's no problem that I know of speaking rumors or guesswork. Trading in stolen information is something else.

PXLated

December 20, 2007 12:15 PM

But, wasn't Nicks problem that he published proprietary, internal Apple documents rather than just the rumors? From what I've read, that crosses the line and might for you also. It's not the same protections as for releasing govt. docs where there might be a public good. Would your legal department let you do that?

Marlon Hollis

December 20, 2007 01:07 PM

Why exactly is it wrong for Apple (or any company or organization) to sue for the release of sources who allegedly violated their non-disclosure agreements? As I understand trade secret law (state laws vary), third parties cannot solicit trade secrets, nor distribute such secrets if they know or have reason to know that it is a trade secret. Correct me if I am wrong, but I believe journalists (or even bloggers) are not exempt, except in cases involving vital public interest (fraud, abuse, crimes, etc.). Trade secrets are private property, the theft of which can be a crime and a tort. Is private property no longer to be respected? Trade secret laws involve a balance between two things we hold dear in country, private property and free speech.

While I understand the free speech fears of the blogging community and the journalistic community,I don't think ThinkSecret was a good test case for their cause. The alleged fencing of private property by ThinkSecret is not a good poster child. Now, if a whistleblower informs a reporter of some nefarious (and maybe even illegal) actions by Apple, then the company should have no expectation of privacy. Otherwise, unreleased product information remains the private property of the owner, and a third party who receives stolen goods, knowing that they are stolen are liable to the owner.

This does not go into the other question of whether bloggers are journalist. I would imagine this is something the journalist profession will work out over time.

Thanks.

Afraid of the Apple Mafia

December 21, 2007 08:22 AM

Well, with the general flattening of our First Amendment rights--not to mention the subtle shift toward fascism--in the US over the past half-decade, it doesn't surprise me that Apple would be able to interpret our Constitutional rights as it sees fit, and force out of publishing anyone it doesn't like.

Disappoints, but doesn't surprse.

Guess I won't be wasting any money with those snobby clerks at the Apple Store any time soon...

Wilbur Evans

December 21, 2007 11:10 AM

i-phone pricing fiasco.
Constant i-phone lockout software updates.
Suing bloggers.

I detest the ethics of Apple as a company.
I own a mac.
That could change.

Manuel Colunga-Hernandez

December 21, 2007 11:11 AM

I do think the lines may appear blurred, however, like was stated before the difference between taking something that is 'proprietary' and outing it publicly is different from opining rumors. To take internal documents and publish them outside of the spectrum of Apple's corporate news for publication is a violation of 'intellectual property' rights. And that is a big difference from quoting someone who knows someone who had this problem or found that bug...

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A blog on the daily doings of Apple and the many companies in its orbit, with insight and analysis by two longtime Apple-watchers BusinessWeek Senior Writer Peter Burrows and BusinessWeek.com Senior Technology Writer Arik Hesseldahl.

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