“Apple contends that its “trade secrets” were unlawfully disclosed and issued subpoenas insisting that the sites reveal their anonymous sources. The defense contends that Internet reporters and bloggers are protected by shield laws, which afford journalists protection under the California constitution and under the First Amendment guaranteeing free speech.
In his ruling, Judge Kleinberg disagreed with the defense’s arguments and sided with Apple, singling out O’Grady’s PowerPage. Kleinberg wrote, “An interested public is not the same as public interest.” But what is in the public’s interest is a grey area and not everyone sees eye-to-eye. The judge left open the question of what constitutes a journalist, stating that it was a moot point when trade secrets laws are violated. “
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