Legal Archive

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.

Jason O'Grady, who runs PowerPage.org, one of the websites Apple is forcing to disclose sources, has reacted to all of it at ZDNet. "My position on the Asteroid postings is that I didn't steal the information and I didn't ask for it. Someone volunteered it to me and it looked credible, so I posted it. It wasn't marked confidential, trade secret or any such thing but it looked legit to me, so I ran it. When Apple later asked me to remove it, I complied. Apple feels that independent online journalists are not protected by the First Amendment of the U.S. Constitution and that a journalist's confidential communications and sources should be exposed to them or any large corporation that doesn't like what they publish - at will. I think that this is completely wrong on several levels."

A company called eSoft was recently granted a patent for "systems and methods for selecting, ordering, installing, managing, updating, and if necessary, uninstalling software applications." Their first step has been to sue their major competitors, but it appears that online software update systems of all kinds could be covered by this patent, which would mean that Windows Update, OS X Software Update, Redhat's up2date, and YUM, among others, would be infringing.

French lawmakers approved an online copyright bill Tuesday that would require Apple to break open the exclusive format behind its market-leading iTunes music store and iPod players. The draft law - which also sets new penalties for music pirates - would force Apple, Sony, and others to share proprietary copy-protection technologies so that rivals can offer compatible services and players. An analyst expects that Apple is more likely to leave the French market, than to open its format in France. My take: Just buy CDs. They play in every CD player, and have no weird restrictions. In case you forgot, CDs look like this.

This week, one of the most-commented stories on OSNews was the story about how 'Maxxus' cracked/hacked (take your pick) the Intel version of Apple's OSX once again. This sparked a lively debate over whether we should encourage Maxxus, or condemn his actions. I made myself clear from the get-go: I condemn his actions. Note: This is the Sunday Eve Column of the week.

European Commission antitrust head Neelie Kroes told EU lawmakers on Tuesday that Microsoft cannot charge a licensing fee for the Windows source code it has promised to share, unless it can prove such code is "innovative." Microsoft made the offer last week in order to comply with a 2004 court ruling.