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Think Secret


View all posts by: John Ward | View all posts in category: Blogtronics

Apple and Think Secret (www.thinksecret.com) settled their lawsuit on December 20, 2007, reaching an agreement whereby Think Secret agreed to cease publication without having to reveal past sources. Although Think Secret will be missed, what did you think was going to happen? I don't have any problem with Apple going after sites that knowingly publish trade secrets. Apple has billions of dollars in reserve cash and very well paid lawyers. It was really just a matter of time.

Apple, Inc. is a powerful company. If they sent us a notice concerning something posted on this humble site, we would immediately comply. Vectronic's Apple World does not earn revenue and I suspect most other Mac informational sites also earn little to no revenue. We don't run our website for profit, so there is just no way that non-compliance is worth the economic risk of picking a fight with Apple. We only wish the best for the company and are thrilled that they are so agreeably tolerant with respect to all the awesome copyrighted product images the company allows websites to display.

Many argue this is a free speech issue. Apple's intent was to censor the reporting on Think Secret, but the First Amendment is irrelevant to that because the whole point of the Bill of Rights is to proscribe the coercive power of government, not to limit the behavior of private citizens or corporations. Think Secret posted trade information allegedly coming from sources inside Apple. Apple has a policy of maintaining strict secrecy concerning upcoming product releases. Think Secret's Webmaster knew this and knew what he was posting could result in legal action against the leaker or leakers if the sources were ever revealed. At the very least, Apple would terminate anyone found to be leaking critical trade secrets. Freedom of speech does not mean that Apple has to placidly stand by and let the company be hurt by leakers or websites giving them a forum.

I like a good rumor just like the next guy, but when Apple lawyers can plainly read critical information leaked to one site year after year; those interesting rumors become something else. At the very least, they become a threat to Apple's financial wellbeing. At the very worst, they become an instrument used by a disgruntled employee to hurt his or her employer. Why any website would want to get in the middle of that is beyond me.

I can understand the desire for inside information. I can understand the desire to give your Mac website the edge over the many and growing number of Mac websites catering to the cult. However, if someone comes to you and wants to give you insider information, critical to Apple's survival, you must first ask yourself, does this leaker have a legal obligation not to leak? In other words, has the leaker signed a nondisclosure agreement with Apple? If he or she works for Apple, you can rest assured that a nondisclosure agreement has been signed, and so I would strongly suggest you not publish the information.

Is it really necessary to disclose inside information to run a popular Apple website? Probably, if all you do is rumor. Whatever happened to good old fashion reasoning? Take a close look at the market and consider Apple's current strategic posture and past moves to determine what it might do in the future. I guess that's just my MBA talking, but I think sites should concentrate more on analysis and critical thinking and less on shady informants with axes to grind.

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