Intel and the Business Software Alliance (BSA) backed Apple’s att...
Intel and the Business Software Alliance (BSA) backed Apple’s attempt to subpoena online news sites and an ISP with a filing Wed. to the Cal. Court of Appeals. Apple wants to learn how the sites got confidential information about…
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its forthcoming GarageBand software. Intel and BSA agree: “All technology-oriented companies -- and ultimately all consumers -- share a strong interest in vigorous enforcement of the trade secret laws, including discovery to determine who may have violated those laws.” In court papers, the groups said strong trade secret laws are vital to Cal.’s high tech sector and the U.S. economy overall. “There is no public interest in having such trade secrets stolen and plastered on the Internet for competitors and others to see,” they said. If that occurs, victims must be able to seek court redress -- starting with discovery to see who committed the theft, they said. But Intel and BSA stipulate that courts shouldn’t approve “wild fishing expeditions” into media files. Apple is suing a handful of unnamed persons alleged to have leaked information on the project and is subpoenaing Nfox, the ISP of PowerPage.com publisher Jason O'Grady, demanding access to O'Grady’s communications and unpublished materials (WID April 12 p3). While Intel and BSA said they strongly support First Amendment rights, they see a “vast difference between cases where the media have simply reported on a misdeed by someone else and cases where reporters have wittingly or unwittingly participated in notorious activity.” This case illustrates that the media’s interest in concealing sources is stronger in the former than the latter. Genentech also filed papers in support of Apple this week.