Patent Law News

Court Case to Determine Rights of Online Journalists

Arguments Set for April 20 in San Jose

San Jose - On April 20, EFF Staff Attorney Kurt Opsahl will argue Apple v. Does – a case with broad implications for journalists and their right to protect the confidentiality of their sources – before a San Jose, California, appeals court.

Apple Computer, Inc., has sued several unnamed individuals, called "Does," for allegedly leaking information to online reporters about an upcoming product code-named "Asteroid." As part of the suit, Apple has subpoenaed Nfox, the ISP for PowerPage publisher Jason O'Grady, demanding that the ISP turn over the communications and unpublished materials O'Grady obtained while he was gathering information for his articles. Apple has also been granted permission to issue subpoenas directly to Electronic Frontier Foundation (EFF) clients PowerPage and AppleInsider for similar information.

The trial court held that if a journalist publishes information a business claims to be a trade secret, this act destroys constitutional protection for the journalist's confidential sources and unpublished materials. EFF and co-counsel Thomas Moore III and Richard Wiebe have appealed, asking the appeals court to correct the error and restore the well-settled constitutional protections for a journalist's confidential information.

"The California courts have a long history of supporting and protecting freedom of the press," said EFF Staff Attorney Kurt Opsahl. "We are looking forward to the opportunity to ask the Court of Appeal to correct a ruling that endangers all journalists."

WHAT:
Apple v. Does (O'Grady v. Superior Court)

WHEN:
April 20, 9:30am

WHERE:
333 W. Santa Clara St. Suite 1060
San Jose, CA 95113

For more on the Apple v. Does case:
http://www.eff.org/Censorship/Apple_v_Does

Contacts:

Kurt Opsahl
Staff Attorney
Electronic Frontier Foundation
kurt@eff.org

Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org

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