Appeal Filed in Apple Trade Secret Case

The Electronic Frontier Foundation has appealed a court ruling issued earlier this month that would force Web sites to hand over their sources to Apple. California Superior Court Judge James Kleinberg ruled that journalist protections not apply to the sites, as trade secrets were revealed in violation of state law.

In its appeal, the EFF said the decision violated First Amendment rights and that Apple should first subpoena its employees before going after journalists. The EFF also noted the ruling could have sweeping consequences for all members of the media, not just fan sites.

"The California courts have a long history of supporting and protecting the freedom of the press," said EFF attorney Kurt Opsahl. "The Court of Appeal will now get the opportunity to correct a ruling that endangers all journalists."

The legal wrangling stems from a "John Doe" lawsuit filed by Apple against Web sites, including Sean O'Grady's PowerPage and AppleInsider, that disclosed the company's plans for a FireWire-based interface for GarageBand code-named "Asteroid".

An appeal was expected after Kleinberg's decision on March 11, which stated that California's shield law provides "limited protection" against being held in contempt of court and does not grant special rights to news people.

"Whether he fits the definition of journalist, blogger or reporter or anything else need not be decided at this juncture for this fundamental reason: there is no license conferred on anyone to violate valid criminal laws," Kleinberg said.

An Apple spokesperson would not comment directly on the appeal, only stating, "Apple's DNA is innovation, and protection of trade secrets is crucial to our success."