Court rules that Apple cannot subpoena email of bloggers in intellectual property case

Wired News carries the story that Apple has lost in their effort to unmask a blogger’s sources after two bloggers posted images and other material disclosing a future Apple product known as ‘Asteroid’.

Attorney Denise Howell is all over the story along with detailed analysis at Bag & Baggage:

Online journalists are entitled to the conditional privilege arising from consitutional guarantees of a free press. Divulging confidential sources can only be compelled when there is a “need sufficient to overbalance the inhibitory effect of such disclosure upon the free flow of ideas and information which is the core object of our guarantees of free speech and press.” The petitioners are entitled to the privilege, and Apple failed to show a need sufficient to overcome it.

Howell also notes that this is a “very tech-savvy opinion”, as well.

The Electronic Frontier Foundation also has coverage at their Apple v Does website.

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  1. Diabinese.June 24, 2008 at 1:00 pm