Judge rules for Apple; denies reporters confidential source protection

Three independent online reporters may have to reveal sources for discovery in the lawsuit brought against them by Apple Computer, a San Jose judge ruled Friday. (See related coverage.) Denying protection from the publication of "trade secrets," Judge James P. Kleinberg preliminarily ruled that expansion of media roles (i.e. bloggers as journalists) does not equivocate a "free pass" for source confidentiality.

"Defining what is a 'journalist' has become more complicated as the variety of media has expanded. But even if the movants are journalists, this is not the equivalent of a free pass. The journalist?s privilege is not absolute. For example, journalists cannot refuse to disclose information when it relates to a crime," wrote Judge Kleinberg.

He also opined that the movants failed to justify the public?s right to know Apple?s "private and secret information."

"Unlike the whistleblower who discloses a health, safety, or welfare hazard affecting all, or the government employee who reveals mismanagement or worse by our public officials, the movants are doing nothing more than feeding the public?s insatiable desire for information," he added.