Think Secret tries to get Apple lawsuit dismissed

By Laurie A. Duncan March 5, 2005 1:35 pm EST

I'm surprised it took them so long, but the dePlume Organization filed a special motion yestrday, requesting a dismissal of Apple's suit under California's aptly named Anti-SLAPP Statute. California has a statute that specifically protects people from SLAPPs. Code of Civil Procedure section 425.16, which took effect in 1993, allows a judge to decide at the outset of the suit whether the SLAPP has a "probability" of winning. If the judge finds that it does not, the SLAPP must be dismissed, and the SLAPP target wins his or her legal defense costs and attorneys' fees. "SLAPP" is an acronym for "strategic litigation against public participation." It's also enourmously fun to keep saying. Go ahead try it...

Copies of all the court filings are available in PDF format at
Think Secret. In them you'll find such gems as

"Apple's lawsuit is a affront to the First Amendment, and an attempt to use Apple's economic power to intimidate small journalists."

and

"If a publication such as the New York Times had published such information, it would be called good journalism; Apple never would have considered a lawsuit."

I think dePlume's lawyers have been reading Jason Calacanis.

Anyone giving odds on the favorite to win this round?

Think Secret tries to get Apple lawsuit dismissed

"Apple's lawsuit is a affront to the First Amendment, and an attempt to use Apple's economic power to intimidate small journalists."

"If a publication such as the New York Times had published such information, it would be called good journalism; Apple never would have considered a lawsuit."

Recommended