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Can You Keep A Secret?

By Mark D. Rasch
September 01, 2005

When a number of blogs posted secret details and drawings of Apple Computer's new music technology — code-named Asteroid — Apple's lawyers did what lawyers do: They sued the Web sites to find out the posters' identities and sources.

Early this year, a judge in Santa Clara, CA, allowed Apple to enforce the subpoenas, rejecting the bloggers' claims that as “journalists” they were entitled to legal protection for their sources. Judge James Kleinberg ruled that the details of the Asteroid project, as purloined trade secrets, were stolen property. Even though the trade secrets were widely available online, the bloggers were trafficking in stolen goods, Judge Kleinberg ruled, and they were not entitled to legal protection for their sources. The case looked like a victory for Apple, but by the time the decision came down, the company had already lost the war. Its trade secrets were no longer secrets.

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