Apple Sues Harvard Freshman

Apple
Computer announced today that they are suing a 19-year-old Harvard
freshman for a Macintosh News and Rumors web site (thinksecret.com)
he has been running since he was 13. The kid in question, Nicholas M.
Ciarelli (’08, pen name Nick dePlume) claims innocence and indigence
and is seeking representation. Apple says he leaked details of the new $499 mini-Mac and iLife ’05 two weeks before they were unveiled at MacWorld. Why won’t some Harvard Law or Berkman
poobah take on the case? It’s a goldmine for good pub, at the very least.

"A lot of lawyers are interested in my case, but few are able to do
it for free or low cost," Ciarelli, of Cazenovia, N.Y., said in an
e-mail interview. "I’m seeking representation."

The Electronic Frontier Foundation, a San Francisco-based civil liberties group,
said Friday it would not defend Think Secret even though it is defending two
other sites, AppleInsider.com and PowerPage.org, that Apple is trying to subpoena
to reveal sources.

Unlike the Think Secret case, those sites are not being sued.

"In addition to being subpoenaed for sources, he’s being directly sued for
trade secret misappropriation," said Kurt Opsahl, a staff attorney with
the organization. "We’re trying to find him counsel."

Ciarelli, who described himself as "an enthusiastic fan of Apple’s products
since an early age," started www.ThinkSecret.com in 1998 when he was 13.
The site, which accepts advertising, is read by Apple enthusiasts and industry
analysts because of its exclusive stories about company developments.

from ABC
News

Although the site in question (thinksecret.com)
is not technically a blog, it has blog-like features; news and links,
new stories to the top, archives and comments. Nick is facing the same
pressures applied by the government to mainstream media when it wants
to grill a reporter’s sources, without the traditional protections afforded
members of the Fifth Estate. He was quoted in the Harvard
Crimson
today,

"I employ the same legal newsgathering practices
used by any other journalist," he wrote. "I talk to sources of information,
investigate
tips, follow up on leads, and corroborate details. I believe these
practices
are reflected in Think Secret’s track record."

from the Harvard Crimson

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