Big Win for Online Journalism

Remember when Apple Computer got its shorts in a wad after some employees leaked insider information and it showed up on the Internet? Well, blah, blah, blah and, finally, the issue went before the Superior Court of Santa Clara County. Apple lost the case. BizzyBlog has a good write-up on the story and here's an abridged version of the court's decision (PDF file).

Apple Computer brought this action alleging that persons unknown caused the wrongful publication on the Internet of Apple's secret plans to release a device that would facilitate the creation of digital live sound recordings on Apple computers.

In an effort to identify the source of the disclosures, Apple sought and obtained authority to issue civil subpoenas to the publishers of the Web sites where the information appeared and to the email service provider for one of the publishers. The publishers moved for a protective order to prevent any such discovery.

The trial court denied the motion on the ground that the publishers had involved themselves in the unlawful misappropriation of a trade secret. We hold that this was error because (1) the subpoena to the email service provider cannot be enforced consistent with the plain terms of the federal Stored Communications Act; (2) any subpoenas seeking unpublished information from petitioners would be unenforceable through contempt proceedings in light of the California reporter's shield; and (3) discovery of petitioners' sources is also barred on this record by the conditional constitutional privilege against compulsory disclosure of confidential sources.

Accordingly, we will issue a writ of mandate directing the trial court to grant the motion for a protective order.

Simply put, online journalists, including us lowly bloggers, can protect their sources. Obviously, Apple isn't thrilled and may opt to have the California Supremes look at the ruling. The decision, however, is loaded with logic and should pass muster.

Interestingly, all the buzz I've heard of Apple indicates the company prides itself as being a conclave of free-spirited, liberal entrepreneurial nonconformists and, apparently, at least one of them was too free-spirited. Therefore, Apple, in a sort of 21st-Century way, hoisted itself on its own petard! Meanwhile, the court case followed out of a desire to force journalistic sources to disclose private information so Apple could find the leaker and administer the ax.

Obviously, this is good news for bloggers and I'm going to get a piece of apple pie and celebrate.