Linked by Thom Holwerda on Sun 9th Apr 2006 18:29 UTC
Apple I'm from the Netherlands. That may sound like a weird statement to start a column with-- don't worry, at the end of this week's Sunday Eve Column you'll understand why I put my nationality so bluntly up front.
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RE: Am I missing something?
by Morgan on Tue 11th Apr 2006 07:14 UTC in reply to "Am I missing something?"
Morgan
Member since:
2005-06-29

"Did I miss something?"

You most certainly did. If you live in a country like the US or the Netherlands where free speech is guaranteed by the constitution of that country, you CANNOT "give up" that right, nor can it be taken from you. At any time that you decide to open your mouth and talk, you are most certainly free to do so. The problem is, when you signed that NDA you opened yourself up to the liability of what you said. An analogy would be that while you are free to curse and swear in public according to the constitution, there are decency laws in most cities and communities that will fine you for doing so. You have the right to say it, but you better be ready to face the consequences of what you say.

The real issue is that Apple seems to be interested in finding out who broke the NDAs so they can take the appropriate action. In trying to acheive this goal (which is Apple's right) they are trampling on the journalists' free speech (which is NOT Apple's right). In short, they are going about it the wrong way. Also, to my knowledge NDAs are not protected by any criminal law. As such, they legally can only go after the leakers and the journalists in civil court; no law has been broken here. Please note that I am not a lawyer so if I am wrong about that please correct me.

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