Apple subpeonas rumor sites over GarageBand audio interface product leak

So it was that FireWire audio interface for GarageBand, codenamed "Asteriod" or "Q97", that Apple got all litigious about late last week. They still haven't identified the mystery person or persons who leaked details about this thing, but they have filed subpeonas against AppleInsider, PowerPage, and ThinkSecret in order to force them to cough up what they know about who it might be. Apple isn't actually suing any of these sites, but they are definitely turning up the heat in their hunt for the leakster, which from the sound of it, is someone within the company who didn't take their non-disclosure agreement seriously enough.

[Thanks, Will]

[Brian Behrend @ Dec 19th 2005 12:08AM]

I've got no problem with this. As long as Apple isn't suing the websites and is only going after the source of the leak who most likely signed an NDA.

Of course the sites should keep their mouths shut, or they can forget about anyone else leaking them any info.

[n8 @ Dec 19th 2005 12:08AM]

You can't subpoena somebody without a lawsuit. Apple's making a huge mistake falling into the habit (as many companies have) of threatening or filing lawsuits to stop the flow of information that is protected by the first amendment. It's no surprise when sites run scared at the sight of Apple (or other) lawyers, but the best thing for everyone to do is to fight it kicking and screaming so that it's more expensive for Apple to file spurious lawsuits.

PS don't forget to support the EFF
http://www.eff.org

[Ken @ Dec 19th 2005 12:08AM]

Ok, I have to admit, it was me who gave up the secrets, muhaaaaa. LOL

[Slaven @ Dec 19th 2005 12:08AM]

"You can't subpoena somebody without a lawsuit. Apple's making a huge mistake falling into the habit (as many companies have) of threatening or filing lawsuits to stop the flow of information that is protected by the first amendment."

We're not talking about free speach here, people sign away their rights to information all the time. In this case it's an NDA. Many military employees are also under similar restrictions all the time and they work for the government!

[Tiffany Baxendell @ Dec 19th 2005 12:08AM]

You can file a "John Doe" suit and then subpoena the rumor sites for information that will lead to John Doe's identity. In fact, that is exactly what the courts said the RIAA had to do if it wanted to get subscriber information out of Verizon.

And subpoena-ing to find the identity of a lawsuit defendant is perfectly legal, and has been for years before the intarweb came about.

[n8 @ Dec 19th 2005 12:08AM]

Slaven: yes we are talking about free "speach" -- Apple is issuing subpoenas to journalists have not signed NDAs.

Tiffany: yes you're right -- I had misread the entry to suggest that somehow Apple wasn't suing anybody, just issuing subpoenas. But the difference in the example that you brought up is that the RIAA was suing copyright violators and issuing subpoenas to common carriers, not journalists, which is (or should be) a completely different situation.