Apple Lawyers Strike Back at Valleywag Over Tablet Bounty

[jav6454]

This link says it all... (http://gawker.com/5448177/update-apple-wins-the-first-prize-in-our-tablet-scavenger-hunt)

[Peace]

Funny stuff!!

It must exist then. Otherwise why would Apple do that.

[MacRumors]

http://www.macrumors.com/images/macrumorsthreadlogo.gif (http://www.macrumors.com/2010/01/14/apple-lawyers-strike-back-at-valleywag-over-tablet-bounty/)

Yesterday, Valleywag received considerable attention (http://www.macrumors.com/2010/01/13/valleywag-offers-questionably-legal-100000-apple-tablet-bounty/) for its questionably legal offer of up to $100,000 for legitimate information on Apple's much-anticipated tablet device. It didn't take long for Apple's lawyers to respond to the offer (http://valleywag.gawker.com/5448177/update-apple-wins-the-first-prize-in-our-tablet-scavenger-hunt), with Michael Spillner of Apple's law firm Orrick, Herrington & Sutcliffe sending Valleywag and Gawker a cease-and-desist letter requesting that the contest be discontinued by 6:00 PM Pacific time today.As your offer acknowledges, Apple has maintained the types of information and things you are soliciting -- "how it'll work, its size, the name, the software", as well as any possible details about the product's appearance, features, and physical samples -- in strict confidence. Anyone who might have access to such information would be bound under the strictest contractual obligations not to disclose the information to third parties.To that end, Spillner cites California law prohibiting the inducement of disclosure of trade secrets, putting Gawker Media "on notice" that the information it is seeking to obtain is a trade secret and thus disclosure of such information would violate California law. In addition to the demand that Gawker Media end the competition, Apple also requests that Gawker turn over any confidential materials it may have received or may yet receive and refrain from publishing or sharing them.

For its part, Valleywag has not ended its contest, instead reiterating its position that tipsters should "stay within the bounds of the law" and use anonymous e-mail addresses to prevent identification. It has also named Spillner the first "winner" of the contest for offering "the most concrete evidence yet" that an Apple tablet is under development.

Article Link: Apple Lawyers Strike Back at Valleywag Over Tablet Bounty (http://www.macrumors.com/2010/01/14/apple-lawyers-strike-back-at-valleywag-over-tablet-bounty/)

[Littleodie914]

It has also named Spillner the first "winner" of the contest for offering "the most concrete evidence yet" that an Apple tablet is under development.Ballsy. :cool:

[miles01110]

It has also named Spillner the first "winner" of the contest for offering "the most concrete evidence yet" that an Apple tablet is under development.

LOL. Who was it that said yesterday "An Apple lawsuit would be the best evidence that the Tablet existed"? I think they win a prize.

[ThunderSkunk]

Sounds like a confirmation to my optimistic side.

[manu chao]

Sounds like a confirmation to my optimistic side.
Exactly, if something is a trade secret it must exist. If Apple had no piece of hardware which could be meant with the term 'tablet', this nothing could not be a trade secret.

[robfromabove]

Seems childish on Valleywags' part. If they were smart they'd close the contest and call it a day.

[BJMRamage]

so, if someone had knowledge that was confidential....they don't HAVE to disclose that info to Valleywag. this is stupid but whatever.

[madforrit]

Valleywag is really playing with fire here. Intentional interference in contracts is one of the most serious torts, with precedence for extremely high damage awards.

[sbrhwkp3]

I almost wonder sometimes if this is all hype internally being created by Steve Jobs.

It would be a genius move, in my opinion. :o

[Bevz]

I think they've done what they set out to do... Confirmation by apple of the existence of a tablet. Job done :)

[Truffy]

It's not just the fact that there is a lawsuit, but also the wording, as reported, which seems to refer to a definite article.

[steveca]

i think valleywag already had some good promotion with this... if i were them I would close it now...

[rdowns]

They have accomplished what they set out to do. They likely also picked up thousands of new readers.

[*LTD*]

Confirmation of Tablet.

[topmounter]

Label it parody in the small print and you're good!

[thecartoonguy]

LOL. Who was it that said yesterday "An Apple lawsuit would be the best evidence that the Tablet existed"? I think they win a prize.

Well said.

[mac1984user]

Ha! Either strategically or inadvertantly, Apple confirms all the rumors! Roll on Jan 27th!

[acslater017]

With Spillner's inside connections, he could probably get a photo of Jobs using the tablet and earn a cool fifty grand! And probably be blacklisted for the rest of his life...

But seriously, the fact that Apple pounced on this so quickly pretty much confirms that it exists! It's wrapped in legal-speak, but they'r basically saying that Apple employees are under NDAs, so don't tempt them! And if they DO receive any materials, let Apple know and do NOT publish them!

Yea, if I were Jobs/Apple, I would be pissed if someone took the steam out of this hype machine!

[chubad]

That confirms that the tablet is forthcoming.:D

[sterlingindigo]

LOL, too funny! :)

[nüb]

LOL. Who was it that said yesterday "An Apple lawsuit would be the best evidence that the Tablet existed"? I think they win a prize.

Yeah, it's called a "subpoena."

[ThunderSkunk]

I almost wonder sometimes if this is all hype internally being created by Steve Jobs.

It would be a genius move, in my opinion. :o

Forget genius, he'd be omnipotent, controlling companies and people which neither he nor his company have anything to do with.

And since omnipotence and omniscience are fundamentally incompatible...

[DipDog3]

Super funny.

I am glad they got that, they can't pay people to steal stuff from Apple.

[Intense]

this whole contest is weird,
apple's reply seems logical.

[charlituna]

Exactly, if something is a trade secret it must exist. If Apple had no piece of hardware which could be meant with the term 'tablet', this nothing could not be a trade secret.

actually the existence of such a device is also a trade secret so take this 'confirmation' with a grain of salt.

that said, I agree that it most likely something IS in the works. but I base that on Jobs "if we could make a netbook" comment of old and the numerous issues with the iphone as filling that niche. NOT that some lawyer may have slipped out and forgot to say "the mere existence of a product being developed AND how it will work..." in his comments

as for Valleywag, it was a great move for them. they know saying anything is illegal and those with knowledge know it. so no one would send them anything. but the offer gets them major attention, which they need cause the site is not exactly rolling in hits. or wasn't. it likely is now.

[IMPMAC]

This response from apple kind of confirms that there is a tablet coming!
:apple:

[hannes-47]

Haha - just deleted Gizmodo from my list of live streaming the Apple event on 27th.

[irun5k]

So stupid. It is just a gadget.

Is this the best way someone can come up with to spend $100K?

[*LTD*]

So stupid. It is just a gadget.

Is this the best way someone can come up with to spend $100K?

That "gadget" can potentially make or break the plans of several big players in the industry. Apple's gadgets are big business, and can change a lot of what's to come, from every manufacturer.

[rorschach]

So Apple just confirmed that the tablet exists.

"Apple has maintained the types of information and things you are soliciting"..."in strict confidence"

Yup, thanks for that!

[Peace]

People don't think Apple knew Gawker would publish the letter? LOL.

Apple know's exactly what it's doing. They knew this would be construed as confirmation of a "tablet". It doesn't mean there is one however.

The letter simply said what gawker was doing is illegal. Which it is.

[MacDaddy901]

This ABSOLUTELY confirms the existence of the tablet. And makes me all giddy inside. I can't wait till the end of January.

[HaXoR7Om]

Ahh the Apple law department, the very same that sent a caution letter to a little girl who wanted Steve Jobs autograph, she was told off for giving unsolicited product ideas about her perfect iPod.

[johncarync]

Well Valleywag's publicity stunt worked for me. I went to their site. The bad thing is their site plays an annoying parody of We Didn't Start the Fire by Billy Joel...and I couldn't figure out how to mute it (other than muting my speakers). Thanks for letting my cubicle neighbors know I'm not doing work! I won't be visiting Valleywag.com again.

[wesleyh]

If only apple was as fast to respond to all the imac problems..

[NAG]

Is anyone else disturbed about the increasing tendency for "news" outlets to be buying sources? This is far outside the usual grey area of trading and straight into the "we'll pay you money" zone.

A quick article I found with Google to explain the issue. (http://journalism.indiana.edu/resources/ethics/handling-sources/lets-make-a-deal/)

If only apple was as fast to respond to all the imac problems..

Let me know when Apple can troubleshoot hardware problems with litigation. :p

[abijnk]

Personally, I think that they knew Apple would react. Moreover, I think that was their end goal.

[nickXedge]

LOL. Who was it that said yesterday "An Apple lawsuit would be the best evidence that the Tablet existed"? I think they win a prize.

Yayy! It was me!! What do I get?! :D

[ctdonath]

there's simply not a way the contest can run without violating the law.

Don't be so sure. A great flaw in our legal system is that there is so much verbiage, and limitations in that verbiage, that a great deal more is legal than most people realize. The contest makes clear that whatever is done be legal; if someone can find a legal way to enter, no problem.

Example: someone has an iSlate prototype, sweet-talks Jobs into canceling his NDA, and gives it to Valleywag. $100,000 win. All legal. (Unlikely of course, but legally possible, hinging only on Steve's signature.)

[MatLu]

Can't wait to see what happens at 6 PM today. Will they remove the contest or will they press their luck. I hope they go all in and up the prize amounts. Go Valleywag! :D

[Peace]

Can't wait to see what happens at 6 PM today. Will they remove the contest or will they press their luck. I hope they go all in and up the prize amounts. Go Valleywag! :D


That would be dumb on the part of Gawker. They stand to lose a lot of money and Apple loses nothing.

[rth231]

What's even funnier...

"Granted, it's no photo of Steve Jobs holding his heavenly device himself (prize: $50,000), but we do feel like it merits some kind of reward. So, Michael, we're sending off a gift basket to you that includes:

* A DVD of Legally Blonde 2
* A $25 Zune Marketplace giftcard
* And a fabulous set of steak knives!"

http://valleywag.gawker.com/5448177/update-apple-wins-the-first-prize-in-our-tablet-scavenger-hunt

[Kaibelf]

I'm just surprised that they are advocating using anonymous email addresses to circumvent the law. Aren't they just asking for it?

[Ed91]

If I were Steve, I'd take a picture of myself holding the tablet agonisingly out of sight, surrounded by Apple execs with stunned/amazed expressions, before sending it in and demanding my $50000

[sam10685]

Hooray for Apple combatting the super geeks!

[BornAgainMac]

They should close the contest at 6. The comment they made that Apple won was funny. They will lose nothing if they stop at 6.

[Mark Booth]

I think Steve Jobs, Valleywag, and the lawyers are all in cahoots to keep the world talking about the product we all know will be announced in less than two weeks. This will probably even make the network news. You can't buy advertising like that! :D

Mark

[JNB]

There's no confirmation of the existence of anything. Absolutely none. You could post a contest just like this one for photos of an "iToilet" and get the same cease-and-desist from Apple's lawyers. Gotta quit reading into things.

The point of the C&D is not whether such a thing exists, but that persons under an NDA are unlawfully being enticed, period.

FTR, I'm not arguing that there isn't a TabSlateBook, because I don't really give a rat's ass one way or the other.

[rimbdizz]

if you were to reply to valleywag anonymously, how would you recieve your $? just an observation.

[NAG]

Don't be so sure. A great flaw in our legal system is that there is so much verbiage, and limitations in that verbiage, that a great deal more is legal than most people realize. The contest makes clear that whatever is done be legal; if someone can find a legal way to enter, no problem.
The problem is playing the moron in legal cases doesn't usually end well.

Example: someone has an iSlate prototype, sweet-talks Jobs into canceling his NDA, and gives it to Valleywag. $100,000 win. All legal. (Unlikely of course, but legally possible, hinging only on Steve's signature.)

Or they could use an inverted phase modulator to reflect Jobs' reality distortion field to switch him with an alternate universe version of him that is more similar to Ballmer and then just say "BING" until he spills the beans.

[Peace]

if you were to reply to valleywag anonymously, how would you recieve your $? just an observation.


Excellent observation !!

This is starting to sound like one of those famous leak jobs.

[axual]

The stupidity and ignorance of ValleyWag is overwhelming ...

[Legolover64]

One of the things that I find most interesting about this letter is the mention of "trade secrets." Trade secrets are always kept internal to the company, and always are designed to make the company money, otherwise, why have them? An example of a trade secret is the formula to Coca Cola, or the sourcecode to Final Cut Pro.

Furthermore, let's assume that Apple announces this device at the end of the month. The only damages Apple could attest to would be the damage of the product being knowledge to the public for the extra less-than-2-weeks. I doubt these are significant damages to Apple as a corporate entity, but I could be wrong.

I think this letter is fake. If they are trade secrets, then why wouldn't the firm ask for immediate ending of the contest? Also, if there truly are high damages to Apple, they can be heard pretty immediately (the same day, for example) by a judge. They wouldn't futz around.

[mac jones]

This is silly.

Anyone who is in a position to divulge anything would be breaking NDA so there isn't any 'legal' means of doing anything.

This is a criminal conspiracy.

this is just low-life paparazzi scum.

[Dirty Smuggler]

This sounds like those movies where the bad guys do something to see how fast the police get there, rather than to commit the actual crime. Looks like Apple are keeping very close tabs on all the buzz going round.

[Aldaris]

But it is fun non the less...

I loved the old iHome shots that were posted in response. It's really been a while since we were all captivated by a new Apple Product with leaks("") and hype like this.

Some of my most memorable
-G5 Spec leak
-iHome

It gives me something to look forward to that breaks up the mundane.

But I'm glad we apple heads can sit back and laugh and take some humor and joy out of this.

Now... Lets start talking about the next gen. Mac Pro please....

[nickXedge]

There's no confirmation of the existence of anything. Absolutely none. You could post a contest just like this one for photos of an "iToilet" and get the same cease-and-desist from Apple's lawyers. Gotta quit reading into things.

The point of the C&D is not whether such a thing exists, but that persons under an NDA are unlawfully being enticed, period.

FTR, I'm not arguing that there isn't a TabSlateBook, because I don't really give a rat's ass one way or the other.

Someones grouchy! :p

[MatLu]

This is a criminal conspiracy..
It isn't criminal. Breach of contract and inducement of is a civil matter.

[queshy]

So there is a tablet...if they'd have just ignored it, I would have thought there wasn't one. Apple pretty much confirmed its existence.

[Lightbrazer]

I don't see why anyone needs to be breaking the law to win the contest. Companies slip up and do stupid things all the time like have someone holding the tablet walk through a stairwell that has someone in it that snaps a picture type stuff. Apple isn't perfect and neither are the employees.

[gibbz]

So basically there is no way for people to "stay within the bounds of the law", which makes it stupid to continue.

[nagromme]

I’m beginning to suspect the Apple tablet may be real.

[gnasher729]

Furthermore, let's assume that Apple announces this device at the end of the month. The only damages Apple could attest to would be the damage of the product being knowledge to the public for the extra less-than-2-weeks. I doubt these are significant damages to Apple as a corporate entity, but I could be wrong.

1. Apple plans to introduce the tablet (if it exists, which we don't know :D ) in the best possible way. Whether that introduction is done in a good or a bad way makes an enormous difference to the reception of the product. Multi-million dollar damages if the effect of the perfect introduction is destroyed.

2. Let's assume Apple makes a billion dollar profit a year from the tablet, and let's assume Dell starts creating a competing product as soon as they see the tablet. And assume Dell's product is better and Apple doesn't sell one tablet once Dell's tablet is ready. Information coming out two weeks early means Dell starts two weeks earlier, releases their product two weeks earlier, and costs Apple two weeks of profit which would be 40 million dollars.

[bearcatrp]

Sounds like the next mission impossible movie. Staring steve jobs as the bad guy :eek: .

[Trek2100]

Ooh, ooh, we should have an opinion poll:). Uh, I think this is it:D. I love this forum. Its like watching the WWF, or whatever they call themselves now. Bring back Bruno Sammartino.

[mavfan11]

...and let's assume Dell starts creating a competing product as soon as they see the tablet. And assume Dell's product is better and Apple doesn't sell one tablet once Dell's tablet is ready. Information coming out two weeks early means Dell starts two weeks earlier, releases their product two weeks earlier, and costs Apple two weeks of profit which would be 40 million dollars.


Dell already showed their tablet. (Of course Dell released their netbooks in several sizes so just because they showed a 5 inch prototype at CES doesn't mean they don't have 7inch, 10 inch, or other size versions ready to go as well)

In fact just about everyone already showed a tablet. Lenovo's U1 is very cool combo netbook/slate.

Anyway, 2 weeks isn't going to make any difference whatsoever

[olternaut]

I think they've done what they set out to do... Confirmation by apple of the existence of a tablet. Job done :)

Your right, job done. But I think valleywag is pushing it now. They need to post that retraction quickly!

[Hemingray]

...as well as any possible details about the product's appearance, features, and physical samples...

Ah-hah, so there IS a product. ;) Not like we needed any confirmation, but thank you Apple for acknowledging it!

That said, I hope Valleywag doesn't do anything stupid. It seems they're on pretty thin ice here.

[funkyp56]

This really does not confirm anything. Though I do believe it exists (in some form). Only an actual law suit with evidence and the presentation of the device would make this thing real. Whats going on here is control.

Lets just say apple does not have a tablet, but someone releases pics that are really really good looking. Apple will take so much flack if nothing comes out on the 27th, and the stock price drops.

On the other hand, if they do release one. Sue the crap outta Gawker.

Either way show me the Tablet!!!

[dernhelm]

I’m beginning to suspect the Apple tablet may be real.

QFT

:D

[Tha Professor]

Haha the gift basket killed me!!

25 bucks Zune gift card... made my day!!

Yes, it is official now..:) I can't wait till the event!!

[olternaut]

I’m beginning to suspect the Apple tablet may be real.

LOL! Could be. :D

[sishaw]

I love this quotation:

"For its part, Valleywag has not ended its contest, instead reiterating its position that tipsters should "stay within the bounds of the law" and use anonymous e-mail addresses to prevent identification."

Ha!

I think Vallywag is enjoying tweaking folks, including Apple.

[Mac Kiwi]

As far as I can remember most new Apple products tend to "leak out" around 2 - 3 weeks before release. With large helpings of hype prior to that also.


You have to take your hat off to Apple they are incredibly good at selectively releasing information.


I am guessing Scallywag are in the clear { semi legally} as long as no one fronts up with anything.

[snabel]

relada is giving one away. www.relada.com.


Any guess for how long until apple sends them a note?

[swagi]

When I read about this trade secret stuff, I remembered one of my favourite sites....Ye good old THink Secret! (http://www.9to5mac.com/nick-ciarelli-think-secret)

[(L)]

Well Valleywag's publicity stunt worked for me. I went to their site. The bad thing is their site plays an annoying parody of We Didn't Start the Fire by Billy Joel...and I couldn't figure out how to mute it (other than muting my speakers). Thanks for letting my cubicle neighbors know I'm not doing work! I won't be visiting Valleywag.com again.

Sorry to laugh at your loss, but still... hahahahaha

[ChrisA]

LOL. Who was it that said yesterday "An Apple lawsuit would be the best evidence that the Tablet existed"? I think they win a prize.

What they need to do now is open about 100 more contests and then simply take note over which they do and don't get sued for. I mean really of the screen is 7 inches, the 10" contest can't be about a trade secret if the 10" model does not exist.

1) A $10K prize for proof the tablet has a camera
2) A $10K prize for proof the tablet has a 7 inch screen
3) A $10K prize for proof the tablet has a 10 inch screen
4) A $10K prize for proof the tablet will sell for under $1000
5) A $10K prize for proof the tablet will sell for over $1000
6) A $10K prize for proof the tablet Has buit-in wireless recharge abilty
7) A $10K prize for proof the tablet can do phone calls over wifi
8) A $10K prize for proof the tablet ....

So basically there is no way for people to "stay within the bounds of the law", which makes it stupid to continue.

Wrong. What if Steve Jobs takes a tablet home with him and some one sees him on the stree and snaps a photo. He's win the prize and not have to break an NDA. Very un-likey but that is why the prize is so high.

[CFreymarc]

Someone is not following Marketing 101 or are they?

First, responding to something like this only acknowledges existence of such a device. The best thing to do would ignore it.

But then, whomever runs Scallywag (nickname for a pirate) may be having drinks in a private office in Cupertino over this one and this is all pantomime.

[Digital Dude]

There has never been any secret at Apple regarding the tablet. Also, anyone familiar with Apple knows they don’t screw around with idle threats.

[rrandyy]

Just because people arent allowed to talk about it doesnt make it a trade secret (though that does play a role). Another aspect to determine if it is a trade secret is to look to see whether reasonable efforts were made to maintain its secrecy.

I've read more than a few articles that said Apple directly contacts newspapers and journals and leaks information about their products (including the tablet).

[kiljoy616]

Fascinating to see how scary Apple is getting. Sound more like a cult than a computer company.

Very scary cult. :mad:

[Digital Dude]

Fascinating to see how scary Apple is getting. Sound more like a cult than a computer company.

Very scary cult. :mad:

LOL Sorry, but I've been hearing that line since I bought my first Mac in 1984. Yes, I'm old...:D

[Tones2]

Fascinating to see how scary Apple is getting. Sound more like a cult than a computer company.

Very scary cult. :mad:

Amen to THAT!:eek:

Tony

[NiteWaves77]

The same dumbasses behind Operation Chokehold must run the day-to-day at Gawker Media. And here I thought Amiga users were the children of the pack. Grow up, asswipes. :p

Fascinating to see how scary Apple is getting. Sound more like a cult than a computer company.

Very scary cult. :mad:

No, they're acting like a business exercising their rights under California law to protect their trade secrets.

[pavenger]

My Guess is that ValleyWag will wait until just after 6pm to remove their contest just to ruffle apple's feathers a little more.

[sishaw]

Fascinating to see how scary Apple is getting. Sound more like a cult than a computer company.

Very scary cult. :mad:

Yes, they're horrible. How dare they withhold information from the public. I demand they release ALL their R&D, corporate trade secrets, and Steve Jobs' brand of coffee NOW!!

Yikes. Grow up, people. They're a corporation, not a nonprofit charity run for your benefit.

[MacFly123]

I don't think it matters much at this point. WHO DOESN"T KNOW APPLE IS MAKING A TABLET lol??? :confused: Doesn't mean we now know anything about it!

Better to protect the way your business operates in ultimate secrecy and put these arrogant jerks in legal threat so this garbage doesn't happen again in the future!

[drmacnut]

If I were Steve, I'd take a picture of myself holding the tablet agonisingly out of sight, surrounded by Apple execs with stunned/amazed expressions, before sending it in and demanding my $50000

What a FANTASTIC idea! I WISH Steve Jobs would do it! Now THAT would be genius and really put egg on the face of Valleywag/Gawker!

[doctor-don]

Is anyone else disturbed about the increasing tendency for "news" outlets to be buying sources? This is far outside the usual grey area of trading and straight into the "we'll pay you money" zone.

A quick article I found with Google to explain the issue. (http://journalism.indiana.edu/resources/ethics/handling-sources/lets-make-a-deal/)



Let me know when Apple can troubleshoot hardware problems with litigation. :p

Can you say T M Z ?:mad:

What a FANTASTIC idea! I WISH Steve Jobs would do it! Now THAT would be genius and really put egg on the face of Valleywag/Gawker!

But it STILL would be ILLEGAL!

[yargk]

Hooray for Apple combatting the super geeks!

Opps, you got that backward, easy mistake.

I think Apple's stuff is great and I'm buying a MBP in a month. However, their super secrecy is super geeky and deserves a good poke once in a while.

[talkingnewmedia]

I think those folks at Gawker had better take Apple's lawyers seriously -- have you ever seen those guys (http://images.themoviedb.org/backdrops/7697/Pulp_Fiction__1994_-fanart2.jpg)? You don't mess with 'em.

[marksandvig]

This is a criminal conspiracy.



Im going to completely disagree.

[Skoal]

Yes, they're horrible. How dare they withhold information from the public. I demand they release ALL their R&D, corporate trade secrets, and Steve Jobs' brand of coffee NOW!!

Yikes. Grow up, people. They're a corporation, not a nonprofit charity run for your benefit.

Just like MS!

[NightFox]

FWIW, someone could pass valid information to enter/win the competition without breaking the law or breaching any contract if they were simply a third party.

For example, if I have a friend who works at Apple who breaches his contract by telling me about the new tablet because he's had a few too many drinks and I go and pass this information to Valleywag then I'm not breaking any law/contract and neither me nor my friend were incited to do so.

Not that it really matters, I'm just killing time waiting for a fresh install of Snow Leopard on my Pro to finish.

[Iggy]

http://www.youtube.com/watch?v=S6BJ3CvPLhs

[Creative One]

I don't find anything wrong with Apple issuing a cease and desist order. Apple has every right to do so since they are talking about a supposed Apple product.

Anyways that's just my two cents.

[QCassidy352]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 3_1_2 like Mac OS X; en-us) AppleWebKit/528.18 (KHTML, like Gecko) Version/4.0 Mobile/7D11 Safari/528.16)

Nevermind - plz delete.

[retroneo]

Valleywag is being really childish about this thing. I kinda doubt they have the cash they're offering in the first place. Give me proof of that

They had advertising revenue of US$60 million last year and turned a profit of US$30 million.

Source: http://247wallst.com/2009/11/10/the-twenty-five-most-valuable-blogs-in-america/ (They are number 1 on the list)

[deputylove8]

bring it on...

[scroto]

All this hype over a product that will fail. Atleast it will be a spectacular failure.

[oldwatery]

This contest is dumb with a capital D!
These guys will do anything to get attention.
It's the new way of doing business...even if it is, as in this case, clearly illegal.
I kinda hope they do not cease and desist because you know Apple will nail their stupid asses to the wall. Just wish that it would not have to cost Apple the time or money.

And to some of you that think this is not illegal, read the law and for once get the fact that Apple owns this stuff and they have a God given right to protect it and do what they want with it.

As for the C&D. Of course Apple are bringing out a tablet...that isn't the point.
The point is that here is another impotent company climbing on the "let's have a go at one of the most successful and visible companies on the planet" so we can get our own 15 minutes of fame.
What a complete bunch of losers :mad:

[matthew6]

Has anybody noticed that the company Apple bought just recently, Quattro Wirless, is powering this Valleywag website? Coincidence? Sounds to me like Apple took over the company and is using this website to their advantage.

[cdinca]

Has anybody noticed that the company Apple bought just recently, Quattro Wirless, is powering this Valleywag website? Coincidence? Sounds to me like Apple took over the company and is using this website to their advantage.

We have all been so hustled! That is funny as hell!

[cdinca]

We have all been so hustled! That is funny as hell!

http://www.gomonews.com/mobile-advertising-quattro-wireless-partners-with-gawker-media-for-ad-sales-and-mobile-site-mobilisation/

[matthew6]

Has anybody noticed that the company Apple bought just recently, Quattro Wirless, is powering this Valleywag website? Coincidence? Sounds to me like Apple took over the company and is using this website to their advantage.

When visiting valleywag.com on a normal computer, there is no obvious evidence that the site is powered by Quattro Wireless. But when the adress is typed in on an iphone/ipod touch, the mobile version of the website comes up and in large letters it states that the site is powered by Quattro Wireless.

Just saying, Apple looks like it may have something to do with this!

[Peace]

hehehe..Apple might just get caught with their pants down on this..

Or the irony is astounding.:p

[Mark Booth]

All this hype over a product that will fail.

That's what Steve Monkeyboy Ballmer said about the iPhone. Are you related?

Mark

[Mark Booth]

When visiting valleywag.com on a normal computer, there is no obvious evidence that the site is powered by Quattro Wireless. But when the adress is typed in on an iphone/ipod touch, the mobile version of the website comes up and in large letters it states that the site is powered by Quattro Wireless.

Just saying, Apple looks like it may have something to do with this!

Please see message #50 (http://forums.macrumors.com/showpost.php?p=9088141&postcount=50) in this thread. I figured it out before lunch! :)

Mark

[charlituna]

Wrong. What if Steve Jobs takes a tablet home with him and some one sees him on the stree and snaps a photo.

so unlikely it is impossible.

on the odd chance that Steve would take anything unreleased off campus he wouldn't be carrying it openly in his hand to be seen. he'd have it in a briefcase or such.

After all, Steve wrote all those insane rules about black covers, NDAs, airlock doors etc

[iMaggot]

Lol I think I'm the only guy in MacRumors that doesn't really give a ***** about the "Slate".

[Mr. Gates]

Lol I think I'm the only guy in MacRumors that doesn't really give a ***** about the "Slate".

Wrong .....I think its all pretty funny too. All these people so eager to get their hands on something that will not fit in the pocket, or have a practical use that a good macbook can not fill.......

[Mr. Gates]

That's what Steve Monkeyboy Ballmer said about the iPhone. Are you related?

Mark

Ohhhhh Great , Another one.

Can somebody get some knee-pads for these guys ?

[Master Chief]

Funny. Anyone who happens to get his/her hands on this new Apple gadget knows one thing... I am sitting on a goldmine. Wait...

Before you know it we receive spam telling us: "I am the son of someone who gave Steve Job his liver and as a reward we were blessed with the new yet to be released Apple device. I ran into your website (when you don't even have one) and would lofe to ofer this incredible smart and buetiful defive for only $1000 Bfast becose I onl hav 1;;;;;;;;;;;;;;;;;;;;;) abd mny sister needs a kidney" with the usual gram errors of course ;)

Checking the headers reveals the location of the sender, and it is coming from... surprise surprise... Africa. On a second thought it could have been Texas (http://dallas.fbi.gov/dojpressrel/pressrel10/dl010810.htm) as well.

This is all a sad joke of course, and the sender must be a real lamer, but this is exactly why the FBI warned us about Haïti spam. And since the FEDs did not warn you, like we need it (yeah right) I just did LOL

[Ish]

I think they've done what they set out to do... Confirmation by apple of the existence of a tablet. Job done :)

No way, Jobs has just started! :)

[mac jones]

So do you think it's possible that Steve has gone paranoid? :eek:

It's possible that he wants to set a trap for snitches even though it's highly unlikely.

But stranger things have happened.

[Journojulz]

this whole contest is weird,


yes, the point about scoops is to be the first to publish

by saying they WON'T publish before launch negates the whole point of actually getting the info.

The remaining reasons are "publicity", as has been noticed.

And as apple has in effect betrayed its hand with the lawsuit, boosting visitors to valleywag seems to be the driving force.

Well played!
`

[Macmel]

I'm not a lawyer, first of all, but I don't see how the contest is against the law and can lead to Apple sue them.
Let's see if I get this straight:
Imagine that the contest was "bring me proof of you killing someone and I will give you $100000". This is obviously illegal because you are inducing people to commit a crime, something obviously against the law. I think we all agree on this.
BUT the contest is "bring me proof of the existence of Apple Tablet". As far as I know, taking a picture of something and giving it to someone else is not illegal (we now the limits: national security, comecial spies, etc.). The purpose is to meake it public just ahead product release and not confirm it until the actual product has been release. You may say: but people have signed a NDA. OK, but a NDA is not the law, it is just an agreement between two individuals, and the consequences of breaking it are considered in the agreement itself (termination of the contract, etc). If you go to trial you think the judge is going to say " you go to jail for taking a picture"? No, that's not illegal. He might say " you have to pay so much to Apple for the money they have lost due to your picture", in case Apple can prove that they have lost money (actually I think it is quite the opposite as this is generating extra publicity). So the contest organizers are not inducing anyone to commit a crime in my opinion.
Can anyone (with law knowledge if possible) elaborate on this and tell me where I'm wrong?

[Becordial]

This is silly.

Anyone who is in a position to divulge anything would be breaking NDA so there isn't any 'legal' means of doing anything.

This is a criminal conspiracy.

this is just low-life paparazzi scum.


Breaking a contract isn't illegal - it's just a breach of contract and happens every day of the week.

[gwest]

Steve Jobs should offer a personal introduction to the device to the highest bidder of a public auction one week before the announcement- and donate the funds to the present disaster relief. What a media blitz that would create.

[Stately]

Everyone is deeming these clowns as clever. If you think for a moment, it doesn't confirm a thing. Apple has to protect itself against people who would do crazy things, just like any one else would. This doesn't give confirmation of anything, instead it's indicative of the fact that Apple wants to protect their privacy, period. Even if the tablet isn't announced on the 27th, (God forbid) lol it will still be in our minds, because we still want it as consumers no? Say people start resorting to dangerous, risky, invasive practices to get at info, even if the info is false, people could get hurt and or in big trouble.

Apples privacy alone is reason enough to stop this garbage. Picture a guy with a camera, trying to scale an Apple building trying to get a detailed pic of a device, every time something is rumored to come to fruition. This was not well thought out, it is juvenile and should be called off immediately. I'm surprised they were able to reword their instructions enough to bypass the law.

[sishaw]

I'm not a lawyer, first of all, but I don't see how the contest is against the law and can lead to Apple sue them.
Let's see if I get this straight:
Imagine that the contest was "bring me proof of you killing someone and I will give you $100000". This is obviously illegal because you are inducing people to commit a crime, something obviously against the law. I think we all agree on this.
BUT the contest is "bring me proof of the existence of Apple Tablet". As far as I know, taking a picture of something and giving it to someone else is not illegal (we now the limits: national security, comecial spies, etc.). The purpose is to meake it public just ahead product release and not confirm it until the actual product has been release. You may say: but people have signed a NDA. OK, but a NDA is not the law, it is just an agreement between two individuals, and the consequences of breaking it are considered in the agreement itself (termination of the contract, etc). If you go to trial you think the judge is going to say " you go to jail for taking a picture"? No, that's not illegal. He might say " you have to pay so much to Apple for the money they have lost due to your picture", in case Apple can prove that they have lost money (actually I think it is quite the opposite as this is generating extra publicity). So the contest organizers are not inducing anyone to commit a crime in my opinion.
Can anyone (with law knowledge if possible) elaborate on this and tell me where I'm wrong?

I love posts that begin "I'm not a lawyer" and then proceed to talk about legal concepts. I don't think I've ever seen one that is correct. If the item involved is a protected trade secret, Apple absolutely must have contracts with its employees and suppliers to protect that trade secret. There would have to be a breach somewhere in this chain for the item to be revealed, and Apple could then take legal action.

[sishaw]

Breaking a contract isn't illegal - it's just a breach of contract and happens every day of the week.

There could be civil liability, not criminal. "Illegal" is kind of a generic term. If you mean violation of criminal law, probably not (unless Cali makes it such a violation to disclose or cause to be disclosed trade secrets, which I don't know, not a California lawyer). However, while contract breaches do "happen every day," they are also compensable in damages. Civil lawsuits happen every day, too.

[sishaw]

Breaking a contract isn't illegal - it's just a breach of contract and happens every day of the week.

18 U.S.C. 1832. Theft of trade secrets

(a) Whoever, with intent to convert a trade secret, that is
related to or included in a product that is produced for or placed
in interstate or foreign commerce, to the economic benefit of
anyone other than the owner thereof, and intending or knowing that
the offense will, injure any owner of that trade secret, knowingly -
(1) steals, or without authorization appropriates, takes,
carries away, or conceals, or by fraud, artifice, or deception
obtains such information;
(2) without authorization copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies,
replicates, transmits, delivers, sends, mails, communicates, or
conveys such information;
(3) receives, buys, or possesses such information, knowing the
same to have been stolen or appropriated, obtained, or converted
without authorization;
(4) attempts to commit any offense described in paragraphs (1)
through (3); or
(5) conspires with one or more other persons to commit any
offense described in paragraphs (1) through (3), and one or more
of such persons do any act to effect the object of the
conspiracy,
shall, except as provided in subsection (b), be fined under this
title or imprisoned not more than 10 years, or both.

People who are interested may also want to read this article:

http://information-security-resources.com/2009/11/08/federal-statutes-aid-trade-secret-prosecution/

[Becordial]

There could be civil liability, not criminal. "Illegal" is kind of a generic term. If you mean violation of criminal law, probably not (unless Cali makes it such a violation to disclose or cause to be disclosed trade secrets, which I don't know, not a California lawyer). However, while contract breaches do "happen every day," they are also compensable in damages. Civil lawsuits happen every day, too.

Nicely said. And I agree, the term illegal is used generically to cover a range of perceived sins. Arguably, despite some of the hyperbole, most courts would argue that a matter like this be treated as a civil matter. Commercially that'd make more sense too, I suspect.

[Markov]

I think it's painfully obvious that the tablet exists. Anyone who denies it at this point either wants attention for being ignorant, or their head is in the sand... lol

[knightlie]

Ohhhhh Great , Another one.

Can somebody get some knee-pads for these guys ?

So are you predicting failure too, just like your pin-up pal Ballmer? Can we come back and mock you later when the tablet is a greater success than HPs cheapo photo frame PC, or will you be too busy trolling over the next Apple product?

Sad. :rolleyes:

[Becordial]

18 U.S.C. 1832. Theft of trade secrets

(clipped)



That's a very interesting find.

[BrettJDeriso]

You know, I'm as much of a Mac slut as any Apple fanboy on this site, but this is just plain ridiculous. Other than the obvious publicity this stunt earned Valleywag, who cares??

The fact that Apple's lawyers slapped a C&D on a company attempting to solicit trade secrets proves that the tablet exists?? Are you serious?? Maybe Apple's lawyers are merely trying to -I don't know- establish or maintain precedent.

Let's assume the tablet doesn't exist, and no announcement is forthcoming in twelve days. I know, silly, right? Indulge me. This is not the first time a company has had to slap an injunction on outside forces who would attempt to obtain privileged information. And they certainly don't need to be protecting one particular product to put the brakes on such a practice. Apple's lawyers would move to discourage bounties like this whether the tablet existed or not.

Twelve days, people. In twelve days, the hype will either be confirmed or quashed. Other than journalistic bragging rights, what would early confirmation of Apple's intentions really accomplish? Does anyone really think Dell or HP or Samsung have a product so ready for market that getting a twelve-day (or less) jump on Apple's big reveal will make an iota of difference to their sales numbers?

Again, I am a HUGE Mac desciple, so don't flame me for thinking this behavior -this close to an official media event- is just this side of lunacy.

[gnasher729]

Breaking a contract isn't illegal - it's just a breach of contract and happens every day of the week.

It is not just breach of contract, it is also giving away a trade secret, which is criminal.

If Apple plans a secret birthday party for Steve Jobs, and the caterer is under NDA and tells MacRumors about it, that is just breach of contract, because that secret birthday party is not a trade secret.

If Apple plans to introduce a new computer, and a web designer is under NDA and tells MacRumors about it, that is breach of contract + giving away a trade secret, which is much more serious.

[tjgriffin]

Valleywag is being really childish about this thing. I kinda doubt they have the cash they're offering in the first place. Give me proof of that before we even start talking about proof of the tablet. As this poor lawyer clearly explains there's simply not a way the contest can run without violating the law. This could wind up in court or worse- here's more of my take. (http://tastyslate.com/2010/01/14/valleywag-receives-cease-and-desist/)

Sure there is! No one wins the prize. The very "rules" of this contest make it impossible to win. So you're probably right that they don't have the money. They don't need it.

Inferences aside, Apple's statement confirms the eminent release of a multi-touch toilet as much as a a tablet.

[BlindGoldfish]

Honestly, that letter from "Apple's Attorney" looks fake. I work with attorneys for a living, and it just doesn't come across as something they would write. Who knows though.

[alhedges]

Most of the internet lawyers and internet lawyer wannabees who are posting on this topic should ask for a refund from internet lawyer (wannabee) law school.

First of all, it is not illegal to breach a contract, nor is it illegal to induce someone to breach a contract. Almost every time a sports coach is fired there is a breach of the contract - there are consequences, of course, but it is business as usual.

Second, it is not *at all* clear that a picture of an iTablet is a trade secret. A trade secret is not anything that people want kept secret; a trade secret is something that derives its value particularly because it is secret. Software source code is typically a trade secret, as is the classic example of a trade secret - the formula for Coca-Cola.

It's hard to see how a photo of a device that will be made public in two weeks is a "trade secret". If it is, then macrumors is probably also guilty of disclosing trade secrets by publishing early photos of iphones. But I doubt that either are actual violations of trade secret laws.

I will also point out, as other commenters have, that there are many ways that Valleywag's conditions could be met without anyone violating a NDA.

[Peace]

Most of the internet lawyers and internet lawyer wannabees who are posting on this topic should ask for a refund from internet lawyer (wannabee) law school.

First of all, it is not illegal to breach a contract, nor is it illegal to induce someone to breach a contract. Almost every time a sports coach is fired there is a breach of the contract - there are consequences, of course, but it is business as usual.

Second, it is not *at all* clear that a picture of an iTablet is a trade secret. A trade secret is not anything that people want kept secret; a trade secret is something that derives its value particularly because it is secret. Software source code is typically a trade secret, as is the classic example of a trade secret - the formula for Coca-Cola.

It's hard to see how a photo of a device that will be made public in two weeks is a "trade secret". If it is, then macrumors is probably also guilty of disclosing trade secrets by publishing early photos of iphones. But I doubt that either are actual violations of trade secret laws.

I will also point out, as other commenters have, that there are many ways that Valleywag's conditions could be met without anyone violating a NDA.


That's exactly why I now believe Apple is behind the Valleywag stuff.

[sishaw]

It's hard to see how a photo of a device that will be made public in two weeks is a "trade secret".

No, it's not. There could be something unique about the design that is a trade secret and would be revealed by a picture, and which by being revealed early would cause Apple to lose a competitive advantage. The fact is, you don't know and I don't know. If Apple is claiming trade secret protection, then there just might be something to it.

As for the term "illegal," it is an imprecise term and probably should not be used in this context. Even if 18 U.S.C. 1832 were applicable, I gather that it is rarely used.

[ThunderSkunk]

There could be something unique about the design that is a trade secret and would be revealed by a picture

Like the robotic arm? In that case, this sounds like incontrovertible proof that that particular rumor is true.

In case it hasn't made its way over here yet, Motus Machine Inc. rcvd an order for their *entire* years production of their new "Marvin" robotic arm units. The Sr Sales Exec said not to order any replacement parts for the remainder of 2010, because Apple had bought them all up for its tablet device. She also said they've ordered the first run of scramjet engines for the next iPhone project, but that might just be in prototype stage.

[charlituna]

yes, the point about scoops is to be the first to publish

by saying they WON'T publish before launch negates the whole point of actually getting the info.
`

they never said they wouldn't publish. they just said they wouldn't pay.

but they also said don't do anything illegal, likely knowing that anyone with that kind of info is in Cali were spilling it is against the law (and would get the person fired, likely blacklisted etc). and they likely knew that just saying they would play is against the law and would prompt the letter and were hoping for a few careless words that would allow them to claim they got proof that a tablet does exist -- something none of the tech sites has gotten.

in a way, a bold and somewhat clever move

[recordprod]

I think Steve Jobs, Valleywag, and the lawyers are all in cahoots to keep the world talking about the product we all know will be announced in less than two weeks. This will probably even make the network news. You can't buy advertising like that! :D

Mark

Exactly. It's 2010. This is how you create a media frenzy for a tiny fraction of the spend. Brilliant marketing by Apple.