Three Internet writers held unprotected by shield laws protecting journalists from revealing anonymous sources have appealed the March 11 verdict that ruled they might have to reveal sources of information about an Apple product to Apple itself.
Monish Bhatia, Jason O’Grady, and Kasper Jade, whose articles about a product code-named Asteroid appeared in online journals Apple Insider and PowerPage, had sought a protective order against earlier subpoenas saying that giving up their sources would equal a “chilling effect” on reporting in the public interest.
But Apple said the information they published fell under non-disclosure agreements and California’s Uniform Trade Secrets Act, demanding the three writers identify their sources. Apple has sued 25 unnamed individuals believed to be company workers who might have been the sources of the Asteroid leaks.
"Apple's DNA is innovation,” said spokesman Steve Dowling to reporters, “and protection of trade secrets is crucial to our success." Dowling did not comment on the appeal.
Santa Clara County Superior Court Judge James Kleinberg ruled for Apple March 11, saying that protections don’t extend to what amounted to “stolen property,” and attorneys for the three writers filed an appeal March 22.
"The California courts have a long history of supporting and protecting the freedom of the press," said Electronic Frontier Foundation staff attorney Kurt Opsahl, whose group represents Bhatia, O’Grady, and Jade. "The (California) Court of Appeal will now get the opportunity to correct a ruling that endangers all journalists."
