The Lincoln Plawg - the blog with footnotes
Monday, March 14, 2005
Apple discovery decision is in - for what it's worth
The decision of a judge on a motion to block discovery may not be the lowest form of life, precedentially speaking, but it must be close.
So the fact that Santa Clara County Superior Court Judge Kleinberg (earlier piece on March 5) has ruled against the websites and journalists in Apple v Does (order (PDF)) shouldn't of itself get bloggers' panties in a bunch.
Using the intellectual property law and the law of confidence does, however, seem a fruitful way for companies (and governmental agencies) to undermine reporter's privilege under Federal and state constitutions and laws.
(More expert confirmation of the don't panic interpretation of the Kleinberg ruling from Volokh, Media Law Prof and SoCal Law Blog.)
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