March 7, 2005 5:24 PM PST
Think Secret tries to get Apple suit tossed
Lawyers for Think Secret publisher Nick Ciarelli are asking a judge to throw out an Apple Computer lawsuit that charges the Mac enthusiast site withh violating trade secret law in reporting details about an unreleased audio device. In support of its motion to dismiss, Think Secret has filed statements from journalism professor Thomas Goldstein of the University of California at Berkeley and former San Jose Mercury News columnist Dan Gillmor, discussing the First Amendment implications of the case.
The suit is separate from another action, in which Apple is suing the unnamed individuals that have leaked details on several products. In that case, Apple is suing only those that leaked the information, though it is trying to subpoena three sites, including Think Secret, in an effort to learn the leakers' identities. A judge has tentatively ruled on Apple's side in that case, though a final ruling has not been issued.