Apple, Think Secret settle lawsuit

Think Secret ^ | December 20th | press release

[Halfmanhalfamazing]

Apple and Think Secret have settled their lawsuit, reaching an agreement that results in a positive solution for both sides. As part of the confidential settlement, no sources were revealed and Think Secret will no longer be published. Nick Ciarelli, Think Secret's publisher, said "I'm pleased to have reached this amicable settlement, and will now be able to move forward with my college studies and broader journalistic pursuits."

[Halfmanhalfamazing]

This is nuts. This kind of iron fisted policy makes no sense. A great deal of Apple survives and thrives on hype. Why attack those who are out there creating even more hype?

Nick, You should join the F/OSS movement. Screw Apple, they just screwed you.

At least had MS done this, they're so big that they can afford to kick a few of their enthusiasts in the throat because they've got so many. But apple, not so much.

I mean, don't get me wrong. Apple has every right in the world to keep corporate secrets. But to sue the enthusiast community? They should've found the source of the leaks and fired them. This makes me think of Ron Artest. The last thing you do is go around getting into fist fights with your fans! It's at the height of idiocy.

[sticker]

If this had been Microsoft, the screams would be deafening But since it is the rotten fruit company silence

[Halfmanhalfamazing]

I detest this kind of activity from *ANY* group.

It’s one thing to go in a different direction than your enthusiast community wants to go, but it’s another to directly attack them.

And yeah, had this been MS there would be a lot more outrage.

Had I not been a current linux user but instead switched to macs at some point, this would be something that would push me into the linux camp.

You just don’t do this to your loving/adoring fans. It is at the height of arrogance.

[Halfmanhalfamazing]

macping
techping

[Swordmaker]

ThinkSecret, an Apple rumor monger site, shuts down after settlement of Lawsuit from Apple.... PING!

If you want on or off the Mac Ping List, Freepmail me.

[antiRepublicrat]

He probably got enough money in the settlement to pay for his college. Apple was going to lose so they just bought him off, eliminating the person with the inside contacts.

[Swordmaker]

Apple has a legal obligation to enforce its Non-Disclosure Agreementss (NDAs) which are essentially legally binding contracts ... and this is its only recourse; suing the participants in the breaking of the NDAs in civil court to force them to cease and desist.

There apparently is a difference here between what ThinkSecret and the other rumor sites that were subpoenaed to provide the names of the leakers. The owner of ThinkSecret was actively seeking insider information and was paying for it from people who were breaking their Non-disclosure contracts with Apple and essentially stealing proprietary information. . . that made him liable civally and could have opened him up for criminal charges, both receiving stolen property (albeit intellectual) and conspiracy to commit a crime.

Although the settlement agreement allowed him to not disclose the names of the leakers, he did agree to "Cease and Desist" from the practices that had gotten him into trouble. Since his only sources for his rumors were apparently the illegal leakers, he didn't have much left of his business model and shut it down.

Although it was not reported, the lack of a phrase such as "settled for an undisclosed amount," probably indicates that no money is changing hands in the settlement. This may have been the best outcome for the ThinkSecret website owner.

[TheBattman]

They should've found the source of the leaks and fired them.

That was really the point of the lawsuit - to try to figure out who the leak was.

[Yossarian]

The owner of ThinkSecret was actively seeking insider information and was paying for it from people who were breaking their Non-disclosure contracts with Apple and essentially stealing proprietary information. . . that made him liable civally and could have opened him up for criminal charges, both receiving stolen property (albeit intellectual) and conspiracy to commit a crime.

Do you have a source link for this supposed criminal activity?

And if there was criminal activity, this would not be subject to settlement out-of-court in the civil system - the Santa Clara County DA would be taking the matter up.

Really, Swordmaker - your Apple info can be interesting and sometimes useful, but your fanboyism is going way to far on this one. Apple - and trust me, for all the brilliance they have on staff, they also have a huge crew of arrogant asses - is working now with a very heavy hand.

What they just did - shutting down a website - is a very revolting development.

[sticker]

Yes or No, if Microsoft had put someone out of business would you be defending them OR would you be attacking MS?

[Swordmaker]

And if there was criminal activity, this would not be subject to settlement out-of-court in the civil system - the Santa Clara County DA would be taking the matter up.

Not unless a complaint were filed.

ThinkSecret was the only website that Apple actually sued for damages... the reason being they were apparently offering cash for insider information. Whether that is true or not, we will never know because the settlement is secret. The others merely printed information they were given and Apple subpoenaed them for their sources. They did not sue them for the active nature of what they were doing because it was apparently passive. Apple chose to go after ThinkSecret civilly to cease and desist. The potential was there to bring criminal industrial espionage charges. They didn't, but I suspect had the case gone to trial, the facts may have brought the matter to the attention of the District Attorney.

Apple, Think Secret settle lawsuit
December 20, 2007 - PRESS RELEASE: >br?Apple and Think Secret have settled their lawsuit, reaching an agreement that results in a positive solution for both sides. As part of the confidential settlement, no sources were revealed and Think Secret will no longer be published. Nick Ciarelli, Think Secret's publisher, said "I'm pleased to have reached this amicable settlement, and will now be able to move forward with my college studies and broader journalistic pursuits." - Think Secret

Now that the matter is settled, everything is sealed, and the publisher of ThinkSecret, even though his website is shutting down, says he is happy with the results. Apple, as is usual, refuses to comment.

[Swordmaker]

Yes or No, if Microsoft had put someone out of business would you be defending them OR would you be attacking MS?

This is not "putting someone out of business;" this is the owner agreeing to shut down his business apparently to avoid financial loss because of his own activities. Had Think Secret been walking the high road here, it would have been included on the Appellate Court decisions that established the other websites that Apple subpoenaed right to publish their data and Think Secret could continue in business. There has to be an underlying reason why Nick Ciarelli decided to shut down.

I have attacked MS for stealing intellectual property that resulted in the shutting down of businesses before... it was part of their business plan. It does not seem to be part of Apple's business plan.

[sticker]

Thank you for making it clear, to you Apple does no wrong. What is it with Apple fans, does using the a MAC cause brain washing or what?

Apple’s main business plan has consisted of buying off teachers. It they had not bought, conned or whatever you wish to call it “educators” Apple would have collapsed years
ago

[Halfmanhalfamazing]

Perhaps. That’s the only answer, if both sides say they are happy.

But it’s still a very bad PR move for Apple, IMHO. There are almost no reasons for attacking your ardent supporters. This isn’t one of them.

I see this as akin to if the bush admin had suspended the first amendment because of the NYT’s leaks. Thankfully, they haven’t done that. You find the leakers and you punish them, that is the proper course of action.

The people at think secret and any other fan site are doing what’s “expected” of them, and that’s feeding off the hype.(and of course creating more of it)

[Halfmanhalfamazing]

.........Apple has a legal obligation to enforce its Non-Disclosure Agreementss (NDAs) which are essentially legally binding contracts..........

I understand that, no doubt. I think I made this point in a prior post.

But TS isn’t the NDA breaker. They’re merely “journalists” reporting what’s being told to them.

.........and this is its only recourse; suing the participants in the breaking of the NDAs in civil court to force them to cease and desist...........

But they didn’t go after any NDA breakers, unless TS has some NDAs that weren’t mentioned in the press release.

........The owner of ThinkSecret was actively seeking insider information and was paying for it from people who were breaking their Non-disclosure contracts with Apple and essentially stealing proprietary information...........

That would be why you target NDA breakers. The way Apple hypes up it’s products, there’s bound to be people who wonder what’s coming next.

Treat the cold, or treat the cough. Apple missed the forest for the trees, because the NDA breakers could just as easily go to another such website.

.......that made him liable civally and could have opened him up for criminal charges, both receiving stolen property (albeit intellectual) and conspiracy to commit a crime............

Yeah, I don’t have a problem with Apple protecting it’s IP.

.......Although the settlement agreement allowed him to not disclose the names of the leakers...........

That’s primarily where my problem lies. I wouldn’t be surprised if in the future Apple strikes again. So any mac fans out there, beware. Don’t get too excited about it.

————This may have been the best outcome for the ThinkSecret website owner.—————

Sadly, you’re probably right.

[Halfmanhalfamazing]

Obviously. But once it became clear that they weren’t going to get that, they should have dropped the suit.

If apple wants to create this zealotted of a following, they should at least figure out how to work with them, instead of working against them.

[Swordmaker]

I have in the past critcized Apple and will do so again. I just do not see any “wrong” here on Apple’s part. If the facts in Think Secret’s case were similar to the other two rumor sites Apple subpoenaed, then Nick could have used the precedents they established and won. He didn’t, ergo they didn’t apply. He was doing something different than just reporting rumors.

Apple is obligated by law to enforce their contracts. They MUST go after those who are in violation of their NDAs or the NDA contracts will be meaningless. An NDA without teeth is useless.

What I am pointing out is that there are reasons this went down the way it did and that both sides seem to be satisfied with the results.

[af_vet_rr]

Obviously. But once it became clear that they weren’t going to get that, they should have dropped the suit.

That makes absolutely no sense - that's like a prosecutor saying "I can't get the criminal to admit to wrongdoing, so we have to let them out of jail".

I'm not saying this is you Halfmanhalfamazing, but it's clear that some people here have never signed an NDA or anything similar.

Apple doesn't want to go through with these kinds of things, they have to go through with these kinds of things.

They aren't stupid, they know it causes a bad impression as well as costing a lot of money.

Some of you act as if Apple shouldn't do this (or any other company that's ever done, and it happens more often than you think, just nobody cares when it's not Apple, because it's cool to rage against Apple).

Some of you need to stop and think about the implications if Apple didn't do this. What do you think would happen if Apple didn't go after people who broke legally-binding NDAs?

Apple would be sending a message to the world saying "hey people, go ahead and break your NDAs. Tell the world all about our secret projects. WE DON'T CARE IF OUR COMPETITION FINDS OUT!!!".

From a business standpoint, that would be absolute suicide and just incredibly stupid.

[af_vet_rr]

If the facts in Think Secret’s case were similar to the other two rumor sites Apple subpoenaed, then Nick could have used the precedents they established and won. He didn’t, ergo they didn’t apply. He was doing something different than just reporting rumors.

Exactly. TS was in a lot different position than the other sites. TS had access to information that was illegally gained - the other sites were reposting what TS had already published, or posting information gleaned from patent filings (which is perfectly legal).

I know some people think it's cool to be all "information needs to be free man", but the only people who buy into that crap are people who have never run a business, or who are in college and saw it on some trendy website, or who are named Richard Stallman.

[Halfmanhalfamazing]

............That makes absolutely no sense - that’s like a prosecutor saying “I can’t get the criminal to admit to wrongdoing, so we have to let them out of jail”...........

Sure it makes sense, except for one thing.

If TS themselves also had NDA contracts and breached them.

........Some of you need to stop and think about the implications if Apple didn’t do this............

Do you have any proof that the people at TS had NDA contracts and broke them? That’s how you’ve seemingly structured your argument.

-——What do you think would happen if Apple didn’t go after people who broke legally-binding NDAs?————

That’s just the thing. They didn’t go after people who held NDA’s.(reportedly) They went after Think Secret, a website which deals in rumors; admittedly yes, from NDA breakers.

As I’ve said repeatedly here, Apple should’ve gone after the leakers. Not TS.

.......From a business standpoint, that would be absolute suicide and just incredibly stupid.........

I appears you misread my words.