Mark's Notebook


	Things are more like they are now than they have ever been. - Gerald Ford

Prominent Internet lawyer to defend Think Secret in Apple suit

Wednesday 19 January 2005, 2:43 pm
Keywords: Computer Topics , News Articles

January 19, 2005 - Terry Gross of Gross & Belsky LLP, a lawyer at the forefront of Internet law since the net's early days, will defend Mac news Web site Think Secret from a lawsuit brought by Apple Computer Inc.

"Apple's attempt to silence a small publication's news reporting presents a troubling affront to the protections of the First Amendment," said Nick dePlume, the site's publisher and editor in chief. "I'm grateful that Mr. Gross has stepped forward to help defend these crucial freedoms."

Gross has been at the center of Internet law since the early days of the net, and served as the first counsel to the Electronic Frontier Foundation (EFF), a leading advocacy and legal organization that works to defend civil liberties in the technology and electronic communications realm. In one successful case prior to popular use of the Internet, Gross, as special counsel, defended the constitutional rights of publishers to disseminate information they legally obtain, electronically or in print.

His San Francisco-based general practice, public interest law firm engages in a range of distinctive work, including media, constitutional, and intellectual property law.

Apple filed suit against the dePlume Organization LLC -- owner of Think Secret -- and its editor on January 4. Apple's lawsuit is designed to shutter the reporting efforts of a Web site that since 1998 has been the Internet's top source for news scoops about Apple and the Mac.

"Think Secret's reporting is protected by the First Amendment," Gross said. "The Supreme Court has said that a journalist cannot be held liable for publishing information that the journalist obtained lawfully. Think Secret has not used any improper newsgathering techniques. We will be filing a motion asking the Court to dismiss this case immediately on First Amendment grounds under a California statute which weeds out meritless claims that threaten First Amendment rights."

The EFF, as well as several other civil liberties organizations, was instrumental in helping Think Secret find legal representation.

http://thinksecret.com/news/defense.html

Mark says:

I feared the worst for this web site. There were no new postings for over a week after the lawsuit was announced.

Mark also says: Boo, Apple! I will continue to buy your products, but only through third party retailers and auction sites, and only used or reconditioned. I refuse to pay your prices, and I refuse to fill the coffers of your lawyers.