Linked by Thom Holwerda on Thu 20th Apr 2006 22:07 UTC
Law and Order Apple Computer faced tough questioning Thursday in its bid to gain access to electronic records of Mac enthusiast sites that published leaked details of an unreleased product. Although a lower court ruled last year that Apple should be able to gain access to electronic records of the enthusiast sites, a three-judge appeals panel in the State of California Court of Appeal, Sixth Appellate District, peppered Apple's lawyer with questions. The judges wanted to know whether the information at issue represented a genuine trade secret as well as whether journalists' right to protect their sources outweigh Apple's right to protect its trade secrets.
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RE[2]: Amazing
by vitae on Fri 21st Apr 2006 18:39 UTC in reply to "RE: Amazing"
vitae
Member since:
2006-02-20

Theoretically speaking because it's not like I really care about Apple, but what is the real difference between "stealing" and "releasing" trade secrets/intellectual property IF the company stands to lose financially because of it? Granted there would have to be definite evidence of it, but if it could clearly be shown, why couldn't the person responsible be charged with a crime?

Reply Parent Bookmark Score: 1

RE[3]: Amazing
by archiesteel on Fri 21st Apr 2006 20:36 in reply to "RE[2]: Amazing"
archiesteel Member since:
2005-07-02

The real difference between "stealing" and "releasing trade secrets" is that the first is a criminal act, while the second one could make you the target for a civil suit but is not in itself illegal.

Lowering a company's profit margin is not a crime. Not only that, but you'd actually have to put a dollar figure on the alleged loss due to the leaks. Just saying "we lost money" is not enough - you'd have to prove exactly how much money was lost, and prove that it was the direct consequence of those specific leaks.

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RE[4]: Amazing
by vitae on Fri 21st Apr 2006 20:54 in reply to "RE[3]: Amazing"
vitae Member since:
2006-02-20

I certainly understand what you're saying. I just think it's a very fine line between the two, something for lawyers to argue about. If I was Apple, I'd press the case for criminal charges since lawsuits haven't stopped the leaks.

Reply Parent Bookmark Score: 1