Apple Sues Think Secret

[Thataboy]

Guys, you need to realize that in reality, Apple cannot expect to win any lawsuit directly suing ThinkSecret. Since ThinkSecret is a member of the Press, they have the right to their freedom to publish what they want (as long as it isn't a direction to kill someone or whatever, which is clearly not the case).

Except, from what I read in the CNET article, Apple is making a claim of "tortious interference" against ThinkSecret.. claiming that they are actively soliciting people to break NDA's. Would it be a successful suit? Possibly, though probably not. However, it is not a frivolous one, and it is definitely one that would require lawyers and billable hours.

 

[mdriftmeyer]

I'm sure Apple would love to provide a roadmap for systems but since neither Motorola nor IBM can get their fabrication processes on a roadmap that garners any confidence it makes that option more vaporous than real. Intel gets away with fudging their hardware path because of their dominant position. However, it has bit them in the rump these past 18 months and look how AMD has profited.

Obviously, people working at Apple can't keep their mouths shut. Or perhaps these rumors come from disgruntled former employees who want to screw Apple, who knows.

If people will notice Apple does project future products like OS X, Xsan, OS X Server for the developer community. This makes sense.

Rumor sites will always exist when a company produces products worth talking about. For a rumor site to solicit people to give up the goods is pathetic.

 

[Wonder Boy]

what thinksecret lacks in posting frequency they make up in accuaracy and reliability. long live thinksecret.

 

[macFanDave]

It's about time.

What took so long? If they miniMac, xMac, headless Mac or whatever it's name is supposed to be is really derived from work done at Apple, they have every right to stop the leaks and sue anyone who repeats them.

Previously, new product predictions were mostly the figments of Mac enthusiasts imaginations. If this is genuine Apple IP, then the leak hurts them no matter what happens on Tuesday. If it is true to the rumors, the announcement becomes anti-climatic. If it is more expensive or less capable than rumored or if Apple doesn't release it at all, the disappointment will overwhelm what excitement may be caused by other announcements.

I've always been surprised at the ongoing existence of the major rumor sites as commercial enterprises. I could see some crude plain-text site that revealed inside info from time to time being hard to stop, but ones that are major, multi-faceted sites generating rumors several times a week and pimping mortgages, dating services and debt counseling should be easy to put out of business.

The dramatic announcements at MacWorld are an integral part of the Macintosh experience I buy into. If you want a road map, go over to the dark side and let Michael Dell wow you with a conference call that tells you what PC's you cna buy for the next decade.

 

[CubaTBird]

well this just proves that iLife 05' and the headless iMac will be possiblities at macworld... who knows... what gets me is that at a previous macworld i remember steve saying "i read some of the rumor sites, and I feel this is enough" the crowd then laughed a little. .

 

[Diatribe]

Rumors are ok, but these were not rumors these were hard facts. And for publishing those I think it's not uncommon to be sued for.
I actually think I would have done the same if I were to run Apple.

 

[orb]

About time too - ThinkSecret has gone way beyond rumours over the past few weeks and deserves to be sued. I would imagine they will dissapear pretty soon as the legal costs alone would be enought to bankrupt them I would imagine ...

Why? I think they have no basis for a lawsuit. Trade secrets are protected by contracts. Thinksecret has no contract with Apple and is not in violation of any laws. Apple has a right to sue those who have violated the law by providing think secret with confidential information. While Apple clearly has legal action it can take against SOMEONE, it isn't Think Secret.

 

[Windowlicker]

This could really affect the quality and number of rumors we see around here anymore, especially if Steve catches the Apple people who are talking to Think Secret.

I guess I'm not super surprised, though.

Try to think of the good side of that: These days we hardly get rumors at all, but rather pre-announcements. That's because ThinkSecret has become too accurate

I'm sure we'll have our rumors even if ThinkSecret goes down (which I don't think it will).

 

[Awimoway]

Kinda funny, lots of people have been complaining about MacRumors lately that they don't dig up enough of their own rumors anymore, and just report on other site's rumors

Yeah, but I see MacRumors as a rumor clearinghouse. I don't have to go to any of the other sites except as linked to from MR because I know that if a rumor is any good, it'll be listed here soon enough. I find that a valuable service.

Anyway, with respect to the lawsuit, I thought this part of the article was particularly interesting:

Apple makes an effort in the lawsuit to say that it is not trying to step on the First Amendment.

"By this action, Apple does not seek to discourage communication protected by the free speech guarantees of the United States and California constitutions," Apple said in the suit. "These constitutionally protected freedoms, however, do not extend to defendants' unlawful practice of misappropriating and disseminating trade secrets acquired through the deliberate violation of known duties of confidentiality."

Well good luck proving that point. I'm not versed in business journalism law enough to know where the courts usually fall on these issues, but my guess would be that they find for the media and the First Amendment more often than they find in favor of the plaintiff. I suspect Apple knows its chances of winning the case are slim, but they're hoping the legal costs will, in the meantime, bury ThinkSecret and that subpoenas and injunctions will uncover who is behind ThinkSecret.

The real problem with TS, from Apple's point of view, is that it is a corporate spy, and apparently the real identity of who is behind it is also a secret. It occurred to me only last week that Nick DePlume could be making a lot of money off all the insider-trading knowledge he gets. He could sit on every hot rumor for days or weeks and gobble up cheaper stock before revealing what he knows. For the conspiracy theorists out there, DePlume may be so good at what he does because he's got enough bribe money to keep Apple employees' lips loose. And if he has that much money, it makes you wonder if he isn't a rival of one kind or another -- someone connected to Microsoft, perhaps. I suppose I could go on forever with conspiracy theories.

All I'm saying is that Apple's tactics seem underhanded, but they are not entirely without justification.

 

[piracy]

Why? I think they have no basis for a lawsuit. Trade secrets are protected by contracts. Thinksecret has no contract with Apple and is not in violation of any laws. Apple has a right to sue those who have violated the law by providing think secret with confidential information. While Apple clearly has legal action it can take against SOMEONE, it isn't Think Secret.

Anyone has a right to sue anyone they wish. That doesn't mean the suit has merit, or that they will win. In this case, Apple would like to find out who is providing proprietary trade secret information to Think Secret. The pressure of the suit may root that person out. Additionally, Think Secret has been the primary source of information about prerelease software, with copious screenshots. Even if Think Secret does not have a relationship with Apple, Apple can sue civilly to prevent the release of such information. Apple is 100% in the right, whether anyone here likes it or not.

My favorite comment so far: "Apple's trying to protect their monopoly". LOL! Thanks for the laugh!

 

[cr2sh]

ThinkSecret has got inside folks leaking them information.. Apple just wants to know who. As soon as TS gives up email addresses Apple will back off... maybe.

I dunno, TS has gotten way too good at all this stuff.

 

[Thataboy]

When I read that CNET article, my initial reaction was:

"Awwww snap!!"

Why is my internal voice speaking in early 90's smack talk?

Anyway, I think Apple puts way too much emphasis on "the big surprises" at expos. First of all, we don't know EXACTLY which rumors are true. From what I understand, Apple just included all of ThinkSecret's rumors in the claim and said "some of this is true." We still don't know specifics.

Second, Apple has been getting major press up to 2 weeks in advance of the Expo, and it will get the same press once products are announced/released. There is no such thing as bad publicity. Interest in the keynote has no doubt increased dramatically because of the rumors.

Third, the reaction to rumors can often give Apple some free market research. They can ignore it or take some to heart... but Apple would be wise to at least ANALYZE the feedback, interest, and press that the cheapMac has garnered.

Protecting trade secrets is important, I get that. But is a cheaper Mac based on age-old components really the cutting edge secret they should be so concerned about protecting?

 

[1macker1]

They should sue the people leaking the information, not the people reporting the leaked information. I wonder how much does inside info go for nowadays.

if you look at it, what Apple is doing is completely acceptable - if their employees are leaking out product information, of course they have to do something about it.

With companies like Dull, it's ok - all the products are the same, and boring - there's no innovation. If Apple wants to continue innovating, they need to cover their backs. Think secret is leaking CONFIDENTIAL information onto the web. That's just not right.a

On the other hand, I think this may just be a scare tactic from Apple. Just to let the rumour sites know - speculate all you want, but dont you dare leak out confidential info.

I imagine TS has been pissing Apple/SJ off for a loong time now, it's just they've reacted late. It wouldnt surprise me if Apple drops this case soon.

/asif

 

[Avicdar]

Pondering cancelling my powerbook order...in anticipation of contributing a portion of the funds earmarked for it to a Think Secret legal defense fund, should they set one up. Apple is merely shooting the messenger here. Poor form; I thought they had more class.

Give me a break.

Look, Apple has a legitimate gripe here. Its one thing for something like asteroid to be leaked, or even iLife 05 (it stands to reason that every year an incremental release version of iLife will be rife with rumor speculation).

But the headless mac, if true, is a huge mindset shift for Apple, and a big risk. They are going to want maximum buzz on the day that they launch. They are going to want 'shock and awe'. Now thats not going to happen, is it?

The idea that these rumor sites create more buzz and are therefore beneficial, is debateable. I have found more often than not, the rumors that are true end up getting twisted on these sites with outrageous specs and expectations, that when the real product is launched, the rumor sites are loaded with messages about how Apple dropped the ball by not adding x, y or z feature. A lot of the time rumor sites end up setting expectations that are unrealistic. This is helpful?

Sure, I love rumors, thats why I am here. But on reflection I would have rathered the headless Mac be a surprise that no one saw coming. It would have been the most amazing surprise, ever. Now I am not sure how what has transpired is going to affect the press on the day it launches. Let the big surprises happen during the keynote. All the good buzz can follow, it doesn't need to happen before.

Clearly there is someone inside at Apple just dumping the trade secrets with abandon. It seems the leaks have been getting farther away from the keynote. Who is to say that the same person isn't sharing these secrets with competitors who could hurt Apple even before they hit the rumor sites?

 

[Steven1621]

as much as we all love rumors, laws are there for a reason. they must be obeyed. granted, that almost negates the idea of a rumor site.

 

[ifjake]

thinksecret has moved pass mere speculation to explicitly releasing detailed specs of upcoming products from Apple. to me personally, this ruins the surprise, and while hearing the words "lawyers" and "sue" puts a bad taste in my mouth (no offence to those people of the law out there), the kind of actions thinksecret have been taking as of late are equally if not more so deplorable.

for those of you who are dissapointed in how Apple keeping a tight lid caused you to purchase a product right before an update (it's MWSF soon for crying out loud, you're just asking for it) simple researching before you purchase can always lessen the chances of that sort of dissapointment. i'm a huge proponent of the buyer's guide here at macrumors. they use product cycle history to predict releases, not insider info. i too purchased the old Ti powerbook only weeks before the Al one was released, simply because i was rushed to purchase one before school started and didn't take the time to look into it more closely. it was only a result of my own haste and the laptop still works great, so i'm not complaining.

 

[Dont Hurt Me]

So apple is going to release another ( yawn ) G4 based product with the same speed they were selling in imac,emac last year. yeah big trade secret. i bet it even comes with a Fx5200 in it or something less 9200(yawn) yeah lets go after that little web site that spreading rumors of this top secret clandestine product which utilizes a top secret G4 and old video that we sold years ago. Apple makes me sick sometimes and i wonder how i supported these goofs through so many years of advancing PCs and stale G4s. Give me fricking break apple. Give me a new Cube with your fastest cpu and a real Video slot and i sell this Alienware! release another old G4 and stale video machine and well ..................................guess ill wait for the next rumor like getting G5 to 3.0

 

[1macker1]

How do you know if these specs are ture or not.

thinksecret has moved pass mere speculation to explicitly releasing detailed specs of upcoming products from Apple. to me personally, this ruins the surprise, and while hearing the words "lawyers" and "sue" puts a bad taste in my mouth (no offence to those people of the law out there), the kind of actions thinksecret have been taking as of late are equally if not more so deplorable.

for those of you who are dissapointed in how Apple keeping a tight lid caused you to purchase a product right before an update (it's MWSF soon for crying out loud, you're just asking for it) simple researching before you purchase can always lessen the chances of that sort of dissapointment. i'm a huge proponent of the buyer's guide here at macrumors. they use product cycle history to predict releases, not insider info. i too purchased the old Ti powerbook only weeks before the Al one was released, simply because i was rushed to purchase one before school started and didn't take the time to look into it more closely. it was only a result of my own haste and the laptop still works great, so i'm not complaining.

 

[Frobozz]

Should say...

Instead of this:

"Unauthorized disclosures diminish the interest of both the mainstream and trade media in the launch of a new product."

They really meant this:

"Unauthorized disclosures don't effect Apple in any way, but Steve Jobs has an ego the size of Uranus. If people don't hold their breath during the keynotes, he erroneously equates that to damaged sales.

Unless they can prove tangible damage they will loose the suit. Good job at being ******s, Apple.

 

[1macker1]

LOL

The only exciting announcement we get from apple is news of a lawsuit. I think we need sites like THINKSECRET and APPLEINSIDER to keep us excited.

 

[Zaty]

What's strikes me now is the fact the story was picked up by the press so fast. We all believed it was just rumour which might have had a shred of truth. Would the press have been on the story so fast if it had only been a rumour? Probably not. They must haven known that at least parts of the story were hard facts. How could they tell it was more than one of the usual pre-MWSF speculations? Perhaps, some people are not nearly as innocent as we thought they were. While it would be wrong to gag rumour sites just because Apple doesn't want any speculation about what they might be up to, they have every right to sue anyone who stole or leaked secret information.

 

[AliensAreFuzzy]

Good for Apple. Really, having something leaked before is a huge hit. While one week won't give the competition a leg up, this shows signs of something far more disasterous happening, like a leak months in advance letting them get something developed, taking away the innovation of Apple's product.

P.S. Sorry if it doesn't make much sense, I'm writing it in class and it's almost over so I had to rush

 

[Avicdar]

So apple is going to release another ( yawn ) G4 based product with the same speed they were selling in imac,emac last year. yeah big trade secret.

You don't quite 'get it'. The headless Mac isn't for you, obviously. Its a huge step Apple is taking to leverage the halo effect from iPod sales, getting windows users to switch. These people don't need 3ghz G5's.

Yeah, its a pretty huge deal. I have no need for one, but I bet almost each of us here knows someone who would really benefit from the OSX experience who hasn't before had the pleasure, and now it will be affordable. But from a sheer risk/reward prospect, Apple is taking a big gamble by making such a machine. If it fails, they are unlikely to consider doing anything like it again for the next 20 years. A larger user base means more developers, which means more software, etc etc. You just might end up indirectly benefitting.

Now, if a competitor were to someone have all of this information in advance, including what the machine looks like, they could have all kinds of material ready on launch day to announce something 'better' (even if it doesn't exist yet) to counter the Apple buzz.

 

[stcanard]

Why? I think they have no basis for a lawsuit. Trade secrets are protected by contracts. Thinksecret has no contract with Apple and is not in violation of any laws.

It seems to me the question comes down to whether ThinkSecret posted information knowing it was obtained illegally through a breach of NDA.

If so, they are party to the lawsuit, just as much as a pawn shop can be charged for selling goods that they know are stolen, even if they did not steal the goods themselves.

If, as is being suggested, Think Secret has been actively encouraging people to break NDAs, that is an act that definitely requires legal action.

 

[Laslo Panaflex]

Stupid, Stupid, Stupid

Ok, so the competition are getting a head start on making a competitive product? What a full 2 weeks before Apple annouced it? Wow, that's lots of time for Apple to get ousted by a competitor, oh wait, that's right, Apple annouces products then ships them weeks, if not months later, maybe apple should sue themselves for leaks.

As for TS being in trouble, how are they in the wrong? all they are doing is reporting what other apple employed people are saying, the apple employees are the ones breaking the NDA and law, not TS. Plus, this proactive approach to suing over an unconfirmed rumor, basically confirms the rumors. Really, with apple suing left and right, they are the ones confirming before official release.

Whatever, i just am really beggining to become sick with the tactics of apple . . .