Apple vs. Harvard...and the 1st Amendment
This
Boston Globe story combines two of my favorite obsessions: Apple Computer and Harvard University. It details the legal fight between Apple and Harvard undergrad Nicholas Ciarelli, founder of an Apple-devotee website called
Think Secret. Apple is suing Ciarelli over his publication of material that may or may not constitute trade secrets. Apple has also subpoenaed Ciarelli to try to force him to disclose the names of his sources.
Columnist Hiawatha Bray's conclusion: "Apple decided to tee off on a 19-year-old kid, hoping to make an example of him. It's a bonehead play from a company that's cultivated a warm and friendly image."
I agree. Sites like Ciarelli's are beloved by Apple loyalists like me, and we kept Apple afloat during its lean years. More important, I get nervous when companies use their legions of lawyers to try to control what the press can and can't publish. Just because Ciarelli is 19 and publishes his scoops on the web doesn't mean he isn't a journalist. He is, and this kind of corporate intimidation should make every journalist deeply, deeply anxious.
So far, the court rulings in this case have gone in Apple's favor. That's too bad. But if Apple ultimately wins, the company ought to immediately announce that it was suing to establish the principle involved, and has no plans to seek damages from Ciarelli or to hunt down his sources. It's still a crummy situation, but at least the company would prove its point without further alienating its most loyal customer base.
