The launch of the Mac mini could also reignite the old hostilities between Apple chief Steve Jobs and his old nemesis Bill Gates. If ever there was a computer aimed squarely at replacing Microsoft on the desktop, it's this one. Newly minted Mac converts don't have to move any furniture or even rearrange their desks to make Apple part of their lives. Unhook the ugly old PC from the life support of keyboard, mouse and display, send the corpse off for recycling, and plug in the shiny, tiny Mac. Result: the Mac really does become the machine for the many rather than the few.
At least, that's the theory. If it actually works -- and Apple is in the 'getting it right' phase of its corporate sunspot cycle -- what will that do to Apple's cool, elitist corporate ethos? The company is arrogant enough with a 3 percent PC market share: how will it behave if it actually becomes a success? The signs are not good.
Apple's actions this week in launching a lawsuit against amateur tech journalism site ThinkSecret.com is a PR mistake, especially from a company that has been so careful to avoid the Big Brother image it prefers to ascribe to Microsoft and IBM. "That's why 1984 won't be like 1984," said the original SuperBowl advert for the Macintosh. 2005 is apparently a different matter.
Is this the same company that ran an advertising campaign which asked us to 'Think Different' and utilised maverick but heroic figures such as Mohammad Ali? Perhaps that doesn't apply if you're a teenager with a strong journalistic streak and the ability to break stories worthy of the big guys but, crucially, without the legal department to fend off the offended. Nice move, Steve. Stick up for the helpless billion-dollar company in the face of the rapacious penniless student.
Apple may be able to make the transition back to mainstream computer company without the support of its hardcore devotees, those who have bought into the image -- and truth -- of Apple being a different, and in many ways better, way to do things. It could be that the company couldn't care less, that it actually wants to be seen as more gangster than hipster. If this isn't the case, then we have one message for the company. Bullies aren't cool.
Talkback
Your spin doesn't alter the facts - an NDA is an NDA is an NDA..... and every company worth it's market value or trying to live up to it will pursue those who seek to break them. If the guilty individuals signed up, then they should expect the consequences to be as severe as the small print clauses in their employment contracts - nothing wrong with that. Your opinions won't change the facts but what are they in the face of a headline?
Apple being a bully...bull-roar!
I guess if its in the name of good PR its OK to condone illegal activity. Well, that changes everything.
The 19 year old kid has been making up stories since he first started this website. He has been a royal pain in the hind end to Apple and not necessarily good for Apple's Business. He needs to spend time studying and chasing girls and less time trying to scoop Apple. This time he succeeded. Hopefully those of us that pay $1500. to attend Macworld and be the first to hear about new products will really get our moneys worth next time.
A FUD-ridden, Geocities-level RANT. That's all this is. NEWSFLASH!! Apple is a corporation! :-O They even have... SHAREHOLDERS!! :-O And most of them do not have the bohemian attitude you ascribe to them.
As another reader noted, an NDA is an NDA is an NDA. Get with the program. Even though Thinksecret didn't sign an NDA, Apple wants to know who out there BROKE their NDA by disclosing industry secrets to them. [SARCASM] My, what an UNUSUAL desire on Apple's! What corporation would EVER want to do that?? [/SARCASM]
My take on your "opinions"? You are either afraid of Apple gaining some momentum, or just plain hate 'em -- or BOTH.
As for Microsoft? I don't think Bill Gates is losing any sleep over the possibility of APple even DOUBLING its marketshare. Just STOP and THINK for a sec: Apple doubling its marketshare would be an absolute BOON for them... and yet, barely register as a blip on MS's radar. I'd say that Microsoft has far more worrying issues, such as their absolute failure in security, their laborious efforts to try and get Longhorn out the door and be somewhat impressive (how many features have they rolled back by now? When is it coming out again??) -- AND, they have A LOT MORE to worry about in the form of a little thang that can ALSO run on the same hardware platform as Windows! It's something called "Linux". You know: that "unamerican cancer", to paraphrase Microsoft themselves.
As for the "Big Brother" attitude that you believe still exists at Apple, that's long gone, friend -- at least at Apple. Now, the Department of Justice had a refreshing take on that type of Microsoft's technological imperialism only a couple of years ago. perhaps you were out of the office when that occurred? In any case, hatred of Microsoft is NOT reserved for rabid Mac users, nor is probably thought of much in Cupertino.
Get a clue. Maybe THEN, you'll justify your paycheck.
The kind of journalism I've come to expect out of ZD. You think it's OK to break the law, and expect Apple to bend over and take it? Thats bull pucky.
Oh, puh-leez. Apple's not "bullying" poor teenagers, just defending themselves against corporate espionage and insiders who violate legally binding confidentiality agreements. Your assertions of Apple's "attitude" are based in a muddled understanding of the law regarding trade secrets. Even a "penniless student" is expected to act in accordance with the law, by the way.
I seriously doubt that anyone inclined to buy an Apple product will be dissuaded from doing so because Apple has chosen to take this legal action. Apple has led the way in doing business with integrity and advocating for its users to do the same ("Don't steal music", for example). It would be a worse mistake (PR or otherwise) for them to turn a blind eye to trade secret infringements, especially for such a glaring example. The widespread pre-release of Apple product information surely had a minimizing effect on their impact and novelty, one which affects both sales and stock valuation. Apple was entirely within their rights to pursue this matter.
Apple, I believe was correct in doing what they did. If they did nothing it could easily spiral out of control where you'd know about secret products many months before they are ready, and that's something that would surely work in the favor of their non-innovative / non-creative competition (see Dell, Microsoft, etc.) and they'd quickly snuff out anything Apple has to offer being the size they are.
2005: Apple's 1984?
Here is what the headline should say:
ZDNET MICROSOFT MONKEY BOYS OK POSTING OF APPLE TRADE SECRETS BY RUMOR SITE.
What would ZDnetUK say if Microsoft trade secrets were posted.
This article is pure bull-oney.
NDA, and the protection of intellectual property *DOES NOT* take a backseat to free speech and the 1st Amendment.
Journalists would tell us that free speech is the #1 concern, more than personal property rights, right to a jury trial, gun rights etc. But this is not so. They place great importance on the 1st Amendment because their livelihood is based on this rights.
In reality, all of the rights protected by the Bill of Rights are of equal importance. That is why the Bill of Rights was ratified as a whole, and not piecemeal.
On his site, he solicits and reports company trade secrets. California has a law against this practice.
He's a Harvard undergrad - he's not stupid. He knew what he was doing. Being a nineteen yearold "penniless student" isn't a defense. He's toast.
From the "teenager with a strong journalistic streak and the ability to break stories worthy of the big guys" statement, one might conclude your reporting is journalistically weak...maybe ZD should hire him?
More than likely, however, your legal department would recognize the legal dangers of ZD representatives openly soliciting trades secrets as ThinkSecret did, then using them in using those NDA covered trade secrets in a ZD publication.
Strikes me as humorous that even though the guy's smart enough to get into Harvard, he doesn't recognize the danger of circumventing NDA information, even after four prior warning letters from Apple Legal. Gotta wonder what they're teaching these days...
How can a publicly owned corporation have an "attitude"?
Maybe they are getting poor legal advice, but I doubt the officers are sitting around conniving evil plans to upset the public.
Do journalists ever read what they write before they publish?
This arrogant insignificant pissy web site can always be counted on, to turn any silk purse into a sows ear complete with shit saturated pig pen, when anything Apple related is the focus.
The most virulent anti-Mac tirades always emanate from these morons with their absolute distain for Apple and their heads firmly inserted up Bill Gates ass hole, in their worship of all things viral, culminating in the God like focus on Windows and all it's drones stupid enough to still use that steaming pile of shit.
This Harvard "penniless" pantsy is no journalist, he is a PR master and knows that in the USA, breaking the law can attract notoriety and fortune for the culprit.
ZD is trying to turn this into a "journalist" martyr story to attack Apple Computer. They are however playing into the "penniless" pantsy's maneuver and promoting him as he had planned. He is getting famous and will be rich even if Apple Computer nails his "journalistic" career.
The ZD journalist, author of this article, has an anti-Apple agenda and even less journalistic integrity than the "penniless" boob they are promoting.
"This arrogant insignificant pissy web site can always be counted on, to turn any silk purse into a sows ear complete with shit saturated pig pen, when anything Apple related is the focus.
The most virulent anti-Mac tirades always emanate from these morons with their absolute distain for Apple and their heads firmly inserted up Bill Gates ass hole, in their worship of all things viral, culminating in the God like focus on Windows and all it's drones stupid enough to still use that steaming pile of shit."
WoW!
Bottom line, I did not like what Think Secret was doing. My "need" to know is not a need at all, and I have no right to secret information. Any company has a right, and a duty to the stockholders, to protest its core assets, which in htis case includes a marketing edge. Also, any info Think Secret obtained was at a cost of a breach of faith by the snitch within Apple: very uncool. You make too much of it: Think Secret was playing with fire, and knew it. They got burned. Time to grow up.
People,
where are you getting your information? The article is calling Apple a bully, the posters are calling the kid a criminal. Here are the facts:
1) The kid posted beta software of Apple's latest OS to the net and many people downloaded it. He did this in violation of an NDA, and by doing so could really hurt Apple's business. Apple would be crazy not to try to stop this from happening.
2) The kid in question is a Mac fanatic. He wasn't trying to hurt Apple and was only trying to give info to others who are also Mac fanatics. He signed up as a developer and received an early copy of the OS from Apple to play with. He then posted that copy to a site where he thought (stupidly) that only a few people would see it, not unlike telling a secret to a few friends who promise they won't tell anyone else and do anyway. This software was then given to others and it spread like wildfire.
Is Apple being evil in this situation. NO. Was the kid being malicious? No. All parties involved never wanted this to happen and don't want it to happen again. It is just a matter of figuring out how to make it never happen again. Some punishment has to come of this to make sure no one else thinks this is allowable. Even the 'criminal' in question has acknowledged that.
Here's an interview with some of those involved:
http://www.drunkenblog.com/drunkenblog-archives/000369.html
Fred
Thieves are also not cool. That is the point of Apple's lawsuit against Think Secret. As an owner of 17 Macintosh models since 1984's original 128K Mac, I want Apple to do whatever it wants in order to survive. Think Secret crossed the line between rumors and theft of trade secrets of Apple. In Apple's position, I also would sue and prosecute the owner of Think Secret. Apple through the years has threatened to sue sites where trade secrets were illegally released. Apple's position hasn't changed. Rumor sites have usually take down stolen pictures of Apple's products, for example, in response to contact from Apple's legal department. I think many hardcore fans of Apple understand Apple's position. I applaud Apple's lawsuit. Go Apple!!!!!! Yeah!!!!.
If he can afford Harvard, he can afford a lawyer!!! Go Apple!!!! Sue his pants off!!!!
Does anyone actually care about the rumours? I find them quite interesting myself, along with all the other rumour sites.
So what if he got the info out first, it's the product that matters. Despite seeing the rumour about the sub-$500 mac before MacWorld SF, I've still ordered one. I personally think that Apple have a lot to thank rumour sites for. The amount of hype they build up is great for Apple.
And for those of you who think that the rumours ruined MWSF - if you're stupid enough to pay the ridiculous prices for attendance, however did you manage to switch on a computer in the first place.
Why is Apple a bully when others are in the clear violation the confidential agreement? This kind of yellow journalism is really retarded! And why are there a whole bunch of whiners over in England and Europe complaining about Apple’s products too expansive? Isn’t everything in Europe is more expensive?
What business does this kid have posting anything like that? It's one thing to speculate about what might be coming down the pipeline, its another to solicit info under NDA. It's yet another thing to 'report' information that the public has no business knowing, like the loss prevention policies of the retail stores. This site is nothing but trouble, and it's NOT 'the mac community' as many media outlets would have you beleive. It's just some kid who wants to be the coolest geek on the block by getting the scoop by any means possible.
Screw him. He should have known better.
While I agree that Apple should just get over it and they gain more then they lose with these sites. But I do understand they want to know who is feeding them information sinc eit does violate the agreement you signe when you become and Apple employee.
I think it is a bit drastic to say it is "1984" big brother. Apple was slightly injuried by the announcements by stock speculators who purchased during the run up to MacWorld and then sold. it just plain looks bad for the stock to go down on a day with big announcements.
flintwall wrote, "An NDA is an NDA..."
This is really a very simple issue.
The NDA was an agreement between Apple and whoever divulged the information to ThinkSecret. Not between Apple and ThinkSecret.
This means that the NDA issue doesn't apply to ThinkSecret. It applies to whomever violated the NDA to which they were a party.
Period.
I think you are missing the whole point of the law suit. What Apple wants is to force ThinkSecret to provide its source for what has now been shown to be very accurate pre release informatin of new products. This information could only have been provided by someone inside apple. If this Apple employee is providing this information to a rumor site, he/she is also intentionally or unintentially providing it to Apple's competitors. In some cases photos of advance products were provided. Having a camera or recording device inside of company property is not only prohibited by Apple, this is industry standard to protect intelectual property. I work for an aero-space company, and I would never even consider taking a camera in to one of there facilities and taking pictures of competitive new products and releasing them to the press. I would expect any one who got caught doing that to be fired. This is about personal integrity of a companies emploees and protection of comptitive trade secrets.
OK, so you, ZDNerds and other advocates of this poor kid, do the following "journalistic" experiment. Run a website encouraging anyone knowing the formula for making Coca-Cola to send you anonymous e-mail with the scoop. Suppose that some idiot actually has the formula and hands it over. Then go and post all the details in your website. Well, maybe the guys at Coca-Cola Co. want to seem as cool as Steve jobs, but wait and see what happens.
I hope this "brilliant" Harvard student's getting what he deserves. Not that I actually care, but just for being such an asshole. If you're going to publish a rumor site, at least be smart enough not to post ALL the details you get from unscrupulous "insiders". Omit some information here and there, add some made up specs and probably you'll get away with it. But this guy... F- in Common Sense.
This "penniless" kid is from Cazenovia\, New York and ran cross country with someone I know. Cazenovia is NOT penniless nor is someone who attends Harvard.
From the Harvard Crimson:
"Nineteen-year-old Nicholas M. Ciarelli ’08, known on the internet as Nick dePlume, has run the site, thinksecret.com, since age 13." http://www.thecrimson.com/article.aspx?ref=505326
By all accounts, my mother told me that Nicholas was on his cell phone all the time during practice. As any curious mother she wondered why a 17 year old kid was always on his phone - was he selling crack? what was always so important? All my brother knew was that he had a business. We now know it was a business built and only sustainable on the hopes that Apple employees would disclose trade secrets. Without them there is no Think Secret.
Consider this: Trade secrets are the possession and property of a company (like, for example, a TV) and if someone steals those secrets (the TV) and gives it or sells it to you and you KNOW that it's stolen then aren't you somewhat responsible? If the cops ask you where you got the TV from and you scream "1st Amendment!" are you any less guilty? Aren't you still aiding and embedding a criminal?
Also, why should I feel bad for a kid that is hiding behind his pseudonym? If "Nick dePlume" believes that he's just in what he's doing and has every right to do it then I say he should be PROUD of his "amateur tech journalism" and take credit for his work. Nicholas M. Ciarelli - your public awaits you.
Re:flintwall wrote, "An NDA is an NDA..."
Actually you must not read the papers or for that matter watch the news..since I seem to recall a case recently where a reporter was sentenced because he would not reveal his source........
Nonsense! Utter nonsense.
The freedom is speech does now priviledge anyone to damage individuals or institutions.
Suspose the rumor ThinkSecret espoused had been false: it is most likely that if Apple had not met the rumored & thus anticipated release of the Mac mini & the Shuffle, the share price would have been adversely effected. As a share holder, I am concerned about information that is rumored repeated by web sites such as ThinkSecret.
Apple may argue that rumors potentially damages competitive position for products under development - I agree, but flase rumors are equally damaging.
I suspect all Apple wants is the names of the employees that leaked the information - Apple should have the names and the involved individual(s) should be appropriated punished for violation of contract and employee/employer reationship.
While the NDA is between Apple and the leaking employee, if a third party obtains information from someone covered by an NDA, then they may be party to a suit. This is the case in the State of California, where the State Supreme Court has ruled that trade secrets are not covered by 1st Amendment rights (I believe that this was in 2003 and was a similar case of a third party publishing info that was covered by an NDA). Apple has filed suit in the State of California. Nick likely doesn't have a leg to stand on. I think that Nick/Think Secret will be toast, unless they can get the case moved to another state where there is no version of the Uniform Trade Secrets Act on the books (New York).
While rumours and the speculation they generate are fun, Nick wasn't really spreading a rumour. He was distributing the specs and crossed the line.
"Beware of Geeks bearing gifts."
Okey. Let's make it plain and simple. Theft of intellectual property or confidential information is a theft. Besides, let's just recap: these leaks practically ruined whole Stevenote. Why bother to make announcements long in the making if we can read about it well in advance? Let's just steal anybodys thunder and pretend it's a first amendment issue. As already pointed out (luckily) in several posts over the net, the original source is the culprit here and hence should be prosecuted for divulging confidential information. Do you really think this about ThinkSecret. I don't think so. In this case it is highly unlikely that Apple is after them (him). Instead it is set to blow out the source of the leak. Can these leaks hurt companys like Apple? You betcha. As for ethics: internet journalism is also about responsibility. Do you want to be accessory to illegal activity? I can understand the allure of "you read it here first", but come on! Are we really so stupid and desperate to be be "In the know" that we bypass any common sense and deny any responsibility whatsoever? Once again, I don't think it's a sound idea.
Beware of Geeks bearing gifts.
Kia Rosamons, Finland
Stealing trade secrets or knowingly publishing them is not cool either!
It is a competitive market place. Look at BenQ who got the jump on its competitors and Intel by announcing their latest product using the new mobile chipset first, before the official announcement from Intel.
ZD-Microsoft strike again.
This site is now on my "junk-ware" list. I won't be visiting again.
On one level Apple is right. Someone broke an NDA and told Thinksecret things that he shouldn't (provided they remembered to get him to sign the NDA - doesn't always happen).
On another level, suing someone because they're asking for information? That's the bit that doesn't sit well. Everyone is going to be curious, and Apple should be pleased that people are actually interested. How many Playstation 3 rumour sites are there out there? Do Sony care?
Sub-poena him for the contributor, but apart from that leave him alone. He's helping you guys out.
Mac fans are such idi*ts
When does it become obvious that Mac fans become a worse nightmare then Micrisoft fans ? I think when you read the comments of the most horrible mac fans anyone could image. I myself use a Mac, but when I read that comments here full of hatred to a person which dos nothing else then pure jorunalism (and indeed therefor sometimes secrets have to be revelaed (or should we have asked Nixon first if its fine to release information bout Watergate, you bunch of stup*d mac morons ?)) I really ashamed that I use a Mac. Freaks like the ones posted comments here are responsible for the horrible image Macs got in public (sometimes even Trekkies got a more serious image in public, cause they arent at least as aggresive).
Just in case noone understand what happened. A student build a website, posted informations he got from various sources and thats it. If thats illegal then trash all your newspaparers and destroy immediatly your computer and your tv set. Apple doesnt have the smallest case at all. They hoped that they could destroy a innocent student and woke up that they just killed themself with the most stup*d strategic decision possible. If they got some leak, its their problem. And not the prob of ThinkSecret. Its that easy. Case closed.
So if you run a bakery, and your baked goods are a complete hit you wouldn’t protect your product? You develop a loyal following based on the quality, creativity, and consistency of your product. Larger rival bakeries, with bigger distribution models, see your products and develop products similar to yours to satisfy a market hungry for your unique baked goods, i.e. you make cinnamon cherry turnovers, and they make cherry cinnamon flips.
Being known for creative baked goods, you are always pushing the boundaries, so items and methods you create; appear to become the status quo, despite your small market share. Your loyal customers become fans of your products and eagerly anticipate new ones. They even go as far as publishing recipes of your existing and forthcoming products on the net.
Do you accept that as part of having a fan based community or do you protect your business interest by going after those people that are divulging your product to your competitors?
More Communism. AL GORE, the Environmental Communist sits on the board of Apple now. In 1963 the Communist agenda said "Infiltrate and take over big business". No doubt he's recommended outsourcing to Apple's board. Luckily Jobs is not stupid enough to fall for it. So the new tack is to have Al's environmental buddies at the Silicon Valley Toxics Coallition 'make Apple its top target in 2005'. And stories like this one in the press are nothing more than attempts to generate negative PR aimed at Apple. Well, the press has a big job ahead of it if that is the goal. Apple's products are the best in the world and nothing the press says can change that. People love Apple's products and Apple will continue to thrive. The Communists should go find another company to try to destroy because this kind of crap won't work on Apple.