Isn't the issue here that the person posted stolen photos? Ming-Chi Kuo just gives his predictions and talks to "sources" but he never has anything like physical proof or photos. That seems to be the line crossed.
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Apple Demands Leaker Reveals Sources Under Threat of Being Reported to Police
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How does one steal photos? Did someone take pictures of Apple stuff, developed film/printed pictures, placed pictures somewhere and someone came along and stole them?
You may want to reread the links you shared. These laws pertain to China and it's citizens, not foreigners.
All they have to do is pay the Chinese government a lot of money and they will help them find the person, which is what Apple will probably do. They don't care if the person gets tortured or a ridiculous sentence either. Tim Cook would probably be happy if the person gets killed and his relatives get drowned, as long as it doesn't happen in the West he could care less
Trade secret law is complex but there is no blanket First Amendment defense that would protect a journalist from liability over posting trade secrets.
As others have pointed out there is; and I would guess the CCP would be happy to slap some minor leaker to keep Apple happy.
Exactly. Otherwise it is no longer a trade secret; and the laws support protecting it.
True, but the Pentagon Papers were a national security issue and one has to weigh public interest vs. security issues; which is far different than trade secrets which are generally a private matter with no compelling public or governmental interest.
Trade secret law is not real clear and a journalist can be held liable for publishing trade secrets; for example if they solicit someone to commit an illegal act or knew the material was misappropriated. Court rulings have varied on what is legal or illegal.
The bottom line is there is no blanket protection for someone who leaks trade secrets.
Easier to prove "misappropriation of lost property", IMHO.
Already been done. Independently discovering something that is a trade secret certainly is protected, and while IINAL having evidence the "trade secret" was already known is a viable defense.
As for Coke, the "Secret Formula Locked in a Vault in Atlanta" is a great PR story but the reality is even if you have the exact formula you can't compete with Coke's brand, scale, distribution network, etc.
He’s in the hospital right now. 😔
‘Better Call Saul’ actor Bob Odenkirk in stable condition after suffering ‘heart-related incident’ on set
Bob Odenkirk's representatives expressed his gratitude for the doctors, nurses, crew and producers who helped after he was admitted to the hospital Tuesday after collapsing on set.
www.washingtonpost.com
😂 No, they're beholden to the communist party of China. Much simpler only one master to worry about. 🤣
I'm sure money talks in any country on the planet. If you have enough money to throw around and know the right people to throw it to, you can get a lot done under the table. The form of government doesn't really matter. If a company like Apple pours a lot of money into China, or any other country, they can likely get that country to pressure their own citizens to stop leaking info. Will it work? Who knows...
What a waste of paper and ink this letter is. They should really send him a payment for choosing to promote apple
$100K must not be well paying enough
Former Corning employee indicted for stealing trade secrets, economic espionage
CORNING, N.Y. (WETM) – A former lead scientist for Corning Inc. was arraigned today after a federal grand jury in Rochester returned an indictment charging him with economic espionage, theft of tra…
www.news10.com
nor is $200K
Former Genentech employees charged with trade-secret theft
Xanthe Lam, a principal scientist at Genentech from 1986 until 2017, allegedly downloaded, collected and transferred confidential documents to consultants for JHL Biotech Inc. in Taiwan.
www.mercurynews.com
and the risk was worth the reward.
Criminals and greedy people don't think logically.
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Or they could pay the workers better so they don't have to resort to this but how does the apple boot taste?
So the leakers who leak the entire WWDC to people like Prosser are ok? Also most of these people aren't "stealing" they photograph images in the factory and that's how they get shared.
Till they find out, it was Tim Cook just building a hype upfront of new product releases.
You want to deter the casual or opportunistic criminals; not much can be done to deter the determined criminal. Like the old saying goes, "A locked door keeps an honest man honest."$100K must not be well paying enough
Former Corning employee indicted for stealing trade secrets, economic espionage
CORNING, N.Y. (WETM) – A former lead scientist for Corning Inc. was arraigned today after a federal grand jury in Rochester returned an indictment charging him with economic espionage, theft of tra…
nor is $200K
Former Genentech employees charged with trade-secret theft
Xanthe Lam, a principal scientist at Genentech from 1986 until 2017, allegedly downloaded, collected and transferred confidential documents to consultants for JHL Biotech Inc. in Taiwan.
and the risk was worth the reward.
Criminals and greedy people don't think logically.
LOL. Totally... the country is basically built on stealing everything from others... They even stole communism and educational and medical systems from the USSR. Had to ask for the nuke from the Old Joe and got all dramatic and hysterical once told to f off for once.
Apple isn’t going to win the leak war. What’s leaked is leaked; there’s no getting it back. Journalists can legally report on it and they know that. It takes 5 minutes to create a truly untraceable Twitter account using Tor, or Whonix if you’re extra paranoid.
Always
They talk big on privacy but give in to the government
apple is after all a corporation but sadly many ppl treat them like best frd who cares about us lol
The leaks are happening in China.
Should they go for countries were leaks aren't happening?
Oh really? My state says otherwise as of 10 years ago come April. Care to try again?
Where is YOUR law degree from and what year?
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Of course, there is ever a "one size fits all answer." Weighing 1st Amendment and sources against trade secrets would be a battle. I still think 1st Amendment would carry, especially in today's political climate that is going after corporations and monopolies. SCOTUS certainly follows the political climate often.
It is 100% not the right time for big tech to be going after US citizens.
The core of my argument is that this is why they are going after citizens of other countries and not the US. That would cause a legal battle and media attention they do not want. Notice that they haven't gone after Prosser. Gurman, NY Times, etc etc.
Or this very site that republishes the republished photos and info (or iDB, etc etc). Where does the republication risk stop then and liability? Because there would be a LOT of people in hot water here in the chain of republishing- hundreds of sites.
Of course, assuming the journalist did nothing illegal or paid them to do it; I did address that exception earlier. That is not covered rather clearly.
The part that burns my ethical britches here is they are going after the render artist in the Netherlands (I believe it was, one of those Nordic countries), China, Asia, etc.
They are using other country's oppressive laws and lack of rights similar to the US to go after those people though. While touting how they back human rights (especially in China where m fairly sure this Mr White is from, and Kang). That is what is very sadly ironic here.
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