Sunday, August 20, 2006

Keep Your Friends Close But Your Enemies Closer?

I have issue with the EFF ... I don't support their multi-faceted attack against Apple Computer concerning iTunes DRM and concerning bloggers ... yet I respect both efforts.

It is for this purpose I decided to contribute to the EFF so as to be recognized by them and by this BLOG.

While I do not support Think Secret, AppleInsider, and The PowerPage (previously represented by the EFF) ... mainly due to the simple fact that the content of their reporting was illegal - trade secrets. I do support the EFF in trying to stand up to big corporations who wish to supress bloggers simply by the fact or nature of calling them "blogs".

Everything aside I think the EFF generally represents with "good intentions" although doesn't necessarily think about the outcome or the expense that they pass on to the very people they are fighting for - iTunes customers for instance. You can almost be assured that Apple passes "litigation costs" onto each every customer.

So ... ironically (even though I disagree most times) I am going to express my support for the EFF on this blog.

It's just hard to know whether the EFF is my friend or my enemy ...


Anonymous said...

I would take exception to the idea that the reporting was illegal. While the court did not specifically rule on that issue, due to the fact that the information disclosed was private information, and not US government classified info, the only legal breach in that case could be the release of the trade secret by the undisclosed party - the one that signed the NDA.

Publication of information covered by an NDA is not necessarily illegal, as long as the publishing party is not covered by that NDA.

Of course, IANAL, and since different states (and Federal Circiut(sic) Courts) have differing case law, that may differ from state to state or between different Federal Circuits(sic).

But I strongly suspect that this is the case.

Apple has a beef with the individuals that leaked, yes. They violated a private agreement, and are subject to the consequences outlined in those agreements. Deplore that all you want.

But the press has certain protections in these matters, as the court ruled.

FYT said...

Ah, but laws exist in 40 states concerning trade secret reporting - called the Uniform Trade Secret Act that SPECIFICALLY prohibits this type of reporting.