Tuesday, January 30, 2007

Apple Pays Out $700K For Blogger Defense

Apple ordered to pay $700,000 in legal fees for defense lawyers in Apple vs Bloggers case

"We are very pleased, as this will go a long way towards keeping EFF on the forefront of impact litigation defending the rights of online journalists and others," said EFF Staff Attorney Kurt Opsahl. "Bloggers break the news, just like journalists do. They must be able to promise confidentiality in order to maintain the free flow of information. Without legal protection, informants will refuse to talk to reporters, diminishing the power of the open press that is the cornerstone of a free society."

Apple declined to appeal the award ruling and paid in full. Apple lawyers also dismissed the underlying case, but did so "without prejudice"

This is mostly due to California's ANTI-SLAPP law

From Wikipedia:

The filing of an anti-SLAPP motion prevents the plaintiff from amending the complaint and stays all discovery. If the special motion is denied, the filing of an appeal immediately stays the trial court proceedings as to each challenged cause of action. Defendants prevailing on an anti-SLAPP motion (including any subsequent appeal) are entitled to a mandatory award of reasonable attorney’s fees.

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