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Apple Vs Bloggers redux

According to a Cnet report, Apple has abandoned its efforts to force web news sites to reveal their sources for a leaked story about Asteroid, a putative Firewire audio interface.

I’m not at all surprised. As I posted previously, the company made a lot of mistakes in its efforts to get the journalists to reveal their sources. Most notably, despite O’Grady et al publishing what it claimed were trade secrets, it did not attach them to the case as defendents – which significantly strengthened their hand. The fact that the company’s filings were also not specific or exhaustive over its efforts to find the leaker without a subpeona sealed things.

The reason that I’m not surprised is that it was these mistakes, rather than arguments over what constitutes a trade secret and a journalist, that made Apple’s case fail. It could, of course, do some comprehensive investigation and return again – but it would need to be very sure of its ground, and I think that it’s just not likely to be worth the legal expense.

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