In the US he falls within the title of "journalist".
Apple should tread lightly or find themselves in deep poo.
Apple should tread lightly or find themselves in deep poo.
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Reliable Leaker Known as 'Kang' Hit With Warning From Apple
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"...or of the press..." Arguably someone repeating what someone said, as a story, online, is in fact the "press." Press has a vague definition. It would be up to a judge to interpret that.
In the US unless you are the one stealing company secrets and giving them out, merely reporting (even online) what you heard is protected as "journalism."
And you're right. Apple is not the government, so someone in the US under US law could tell them to kiss-off. THAT is why this is all so slimy; because they are only going after the people in other countries without such, a word Apple loves to use and flaunt lately, fundamental rights.
Well I believe I'll leak for a third party candidate!
Apple is going after one of the 3 great Dahar Masters
...
Kor, Kang and Koloth.
As long as they leave Kor alone, I'll over look this.
...Kor, Kang and Koloth.
As long as they leave Kor alone, I'll over look this.
Or the Chinese authorities tell Apple to go pound sand. If what Kang does is not undermining the regime in any way, or is not criminal in Chinese laws per se, they might just not care enough. Moreover, Kang making an American company which is dependent on China for its supply chain, no less, pissed, may be even good for their propaganda reasons. The picture Apple is painting looks as if it came straight from a Communist newspaper article or a propaganda pamphlet.
On the other hand, if something happened to him, I'd have all reason to believe that Apple in China is massively bribing local authorities to do their bidding, or to look away while Apple's own enforcers do their thing.
Fair enough.
But here in the US, they might as well kick rocks.
I agree with you, but this is a good way to piss off a lot of customers and potential customers. No one likes a bully.
I'm not sure on this but given the way things are in 2021, Kang's Twitter feed (or however (s)he releases his/her "leaks") could be potentially be considered a news outlet and hence, have the rights and coverages that comes with that.
Given Kang is in China much of this simply speculation as US law is irrelevant.
To me, the issue would be if he is actively soliciting confidential information and encouraging employees to provide it and violate NDAs, etc. He has crossed teh line from "someone sent me" to "interfering with contractual agreements" at least.
Given Apple's resources I'd be scared as well. You could win teh battle but go broke doing it.
I think it would depend on how he gets the information and his actions with regard to get it.
Yes, and they have to protect trade secrets to keep them trade secrets.
While I agree its an [effective] scare tactic, I have a question for you:
If he actively solicits employees and encourages them to violate NDAs, etc, has he crossed the line? The employee is at fault, but at what point does a leaker such as Kang go from journalist to co-conspirator?
It's one thing to get info unsolicited, or even calling people and asking about products, plans, etc. I did that years ago for some product research for companies launching products; but also understood if some said "I can't tell you" and did not push for them to answer. To me, if I did that, I crossed the line from legal to illegal.
As a side note, I started each conversation with I am doing research for a company looking to bring out a product similar to yours. I was always surprised at how much people would tell you, especially engineers.
To me, the issue would be if he is actively soliciting confidential information and encouraging employees to provide it and violate NDAs, etc. He has crossed teh line from "someone sent me" to "interfering with contractual agreements" at least.
Given Apple's resources I'd be scared as well. You could win teh battle but go broke doing it.
I think it would depend on how he gets the information and his actions with regard to get it.
Yes, and they have to protect trade secrets to keep them trade secrets.
While I agree its an [effective] scare tactic, I have a question for you:
If he actively solicits employees and encourages them to violate NDAs, etc, has he crossed the line? The employee is at fault, but at what point does a leaker such as Kang go from journalist to co-conspirator?
It's one thing to get info unsolicited, or even calling people and asking about products, plans, etc. I did that years ago for some product research for companies launching products; but also understood if some said "I can't tell you" and did not push for them to answer. To me, if I did that, I crossed the line from legal to illegal.
As a side note, I started each conversation with I am doing research for a company looking to bring out a product similar to yours. I was always surprised at how much people would tell you, especially engineers.
Here is an example.
“M1x MacBook pros with ground breaking performance, and so and so dimensions, will be released at WWDC.”
This statement was both true and false at the same time. It gave away valuable information to competitors, while also misleading customers who were desperately in need of a new Mac, to wait for a product that did not release at the expected time.
Hey, thanks Apple for confirming Kang can be counted on as a reliable leaker!
if he's not contractually obligated or signed anything with Apple, than no, how he gets the information is irrelevant. It would be similar to a newspaper reporting on a leak that they were given by a 3rd party. The leaker might have a legal issue, but the persons reporting on the information provided from the leaker isn't liable.
if that were the case, you'd see newspapers and news organizations constantly sued and shut down for reporting on "sources"
What part of that is valuable information? I can see how it may mislead consumers, but claiming a new laptop will have better performance than its predecessor is hardly a secret. It's been open speculation since the M1 Macs launched that there will be a more powerful chip in the higher-end Pros.
that would surprise me, given Apple's execs are subject to the Foreign Corrupt Practices Act, the downside is too big. More likely the contract companies, with no US connection, are doing what they consider normal business practices to keep everyone happy.
True, but I doubt .01% of Apple's customers have heard of Kang or Apple's actions regards to leakers; and of those who don't care one way or the other.
Speculation is one thing, a competitor may not be able to gain much. But accurate dimensions. And other real leaks like, like lack of Touch Bar, inclusion of SD card slot, will definitely help competitors is designing their products, allowing them to prepare ahead to compete with Apple’s marketting plan.
IINAL, but from my layman's understanding if some has a contract, you know they do, encourage them to violate the contract and as a result the other party is damaged, you can be liable for tortuous interference.
I am sure if Apple can find out some of his sources they will no doubt hammer them. All they would have to do is cut off one supplier for all the others to get the message. Then of course, that supplier may have a case as well, at least in the US.
No doubt there are a lot of gray areas, and off the record sources are an accepted way of passing information; but, IMHO, violating NDAs is a different story.
That won't stop his fans from coming up with crazy theories like "Oh Apple is SCARED of you Jon! They don't want to mess with you."
You guys are pathetic. Way, way off the mark.Apple is going after one of the 3 great Dahar Masters
This is an exclusive picture of the real Kang, just leaked.
Thought this was macrumors not /r/murderedbywords lol
I generally like the reliable leakers. But, when I worked for Apple Retail, one of the company standards—not to be violated—more or less said, "If you wouldn't want Steve to see it in the newspaper or on the web tomorrow morning, don't say or share it in anyway today." The leakers sometimes do deceive, though perhaps not by intent. And leaking most certainly can hurt Apple's business. You cannot believe until you've worked in Apple Retail on the sales floor just gullible and uninformed customers can be and with such misguided confidence.
Wrong and wrong. "Standing" refers to the court's ability to hear a case. Cease and desist letters have nothing to do with it, and it does not turn on Apple's ability to succeed on the merits. As to Apple's "legal foot hold," this does not necessarily depend on any "previous contractual obligations" if Apple was harmed by tortious conduct (for example). If you acquire information illegally and then share it to someone's detriment, they may have a cause of action against you. That's not necessarily what happened here, but your statements do not accurately describe the law.
As to the theory that Kang was merely speculating, that's what discovery is for.
It makes sense that now Apple sends their lawyer troops to shut up leakers, because, honestly... Apple no longer has any cool project in mind anymore. That "One More Thing" moment when the first MBA was inside an envelope, is gone forever, and won't be back anymore.
They have so few ideas that the MBA has not seen any evolution in more than 10 years: Same weight (light for 2010, but heavy for 2021), same display size (fine for 2010, unacceptable for 2021)... and their plan is to migrate MBA users to the iPad (with the hope that they can get more benefits from iOS, being services-focused). Then, you recap all of this, and realize: it makes perfect sense they launch a lawyer attack, because rumours are no longer about cool products, and they can cause only harm (harm to Apple, that is).
They have so few ideas that the MBA has not seen any evolution in more than 10 years: Same weight (light for 2010, but heavy for 2021), same display size (fine for 2010, unacceptable for 2021)... and their plan is to migrate MBA users to the iPad (with the hope that they can get more benefits from iOS, being services-focused). Then, you recap all of this, and realize: it makes perfect sense they launch a lawyer attack, because rumours are no longer about cool products, and they can cause only harm (harm to Apple, that is).