Appeals Court Explains To Apple That Bloggers Are Journalists Too
from the so-you-know dept
We were a bit surprised last year when a California court decided that Apple was correct in arguing online publications were not subject to the same protections as journalists. It seemed to set a pretty questionable precedent. The case involved an Apple rumors site posting information about new Apple products before they had been released. Apple argued that it was a trade secrets violation, while the site owners argued that they were protected as journalists in publishing the information they had found. The lower court originally ruled in Apple's favor. However, the California Appeals court has now overturned that ruling, clearly saying that web publications are covered under the same protections as offline publications. The court found that Apple never actually explained why the website in question wasn't journalism: "We decline the implicit invitation to embroil ourselves in questions of what constitutes 'legitimate journalis(m).' The shield law is intended to protect the gathering and dissemination of news, and that is what petitioners did here.... Beyond casting aspersions on the legitimacy of petitioners' enterprise, Apple offers no cogent reason to conclude that they fall outside the shield law's protection."
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Apple has been given a free pass forever
Apple = overpriced, overhyped, underpowered proprietary crap.
Mitch
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Re: Apple has been given a free pass forever
It is suprising to hear others say it though.
I learned long ago that if you say anything against Apple or Linux you will be attacked. Sort of like you are a racist if you think Jesse Jackson is a putz. Can't say it man. Best not to even think it
1984 is here but it is Apple that is big brother.
clay
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Did someone leave the Gates open?
Two pieces of advice for the CEO's that have forgotten... One, (ANY Publicity is GOOD Publicity) and ... Two, Maybe a little security sweep is in order in your own house... hmmm... maybe?
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Re: Did someone leave the Gates open?
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school comps
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Re: school comps
Apple comps are extremely good at video and sound editing, not looking at your skat fetish videos.
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Re: Re: school comps
I'm sorry, but you have no idea what you're talking about.
Macs are the NORM for the AV "industry" because of ProTools. Need I point out that ProTools can be run on Linux and, for that matter, Windows? Need I further point out that you obviously know nothing about the hardware and software involved here?
Apple computers don't have some kind of "oh em jee mega chip rox0rz" that makes them intrinsically better for A/V work than a Windows or Linux-running machine. Indeed, they're identical ixcept for their hardware not having Windows and Linux drivers. Their components are exactly the same, even moreso now that they're using ia32 (x86) instead of PPC processors. People have even gone so far as to boot Windows on Macs. Also, MacOS has been runnable on Windows for a long time with the PearPC emulator software.
Go get a degree, or even a casual understanding, in/of computer engineering or compsci before you make assertions backed by nothing other than your idiotic arrogance.
I should further point out that Safari is just as capable of retrieving fecophilic pornography from the web as any other web browser is. So really, your assertions aren't backed by idiocy. They're backed by... nothing.
So stop beating off to your iPod and get a clue. Thanks.
I'll also point out that you shouldn't be compensating for your flaccid system that can't run PC games by associating those games with intrinsic idiocy, or PCs for that matter. I use a PC, and the first Mac I ever touched crashed on bootstrap. My PC has never bluescreened, because I know how to use it, unlike you. Also, I hate World of Warcraft and Counter-Strike.
Is there anything you do know how to do?
Do you know which hole to stick it in?
I can only hope not. People like you are ostracised from society for a reason: your genes are detrimental to society.
In fact, you should probably just go kill yourself.
Gawd, that felt good. =)
Was it good for you?
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Re: Re: Re: school comps
The fact of the matter is Itellectual Property. Any company that deals with bleeding edge technology has to keep a tight lid on their soon-to-be released products. One small amount of information about the latest/greatest products in a competitors hands can be devastating to the originating company. While I don't agree that any company can trump someone's rights, I do feel the you all need to look at both sides of the problems before slamming the company that is only protecting its ass.
While everyone is bitching about Bill Gates or Steve Jobs, Apple and Mac, Windows or Linux, you've completly missed the point. Hell you're all completely off the map!
Sure, in their hayday, Apple was THE system for music and video editing. Still is for some, while the PC has made tremendous progress in market share for these industries as well. I have YET to find a product for my PC that even comes close to ProTools or Final Cut Pro Studio.
However, the PC gain is due to, primarily, one person; Linus Torvalds. Now, before I get flamed; The credit belongs to a hugely loyal programmer and fan base, but without Linus, Linux probably wouldnt exist today.
Someone claimed that PC's are the staple of modern studio creativity (OK I fluffed it up, though the meaning stays the same). Well, you may be slightly misinformed.
Take 3d animation, whether feature films or special effects. None are created on a "PC". There are more Macs and workstations involved than PC's. Actually, in most studios, the only PC's purchased are for those who need internet and productivity functions such at MS Office. The Macs and workstations are there due to the ability to work in clusters. Hell, Chances are you'll find Mac OS X, Unix and some varients of linux in use.
Hmmmmm NO Microsoft Windows...
True Macs are more expensive than HOME BUILT PC's. I've had both in my 25+ years in IT and would have to say I love them all. I have only had a Mac crash on me once and that was four days ago when I cooked a hard drive. My PC crashes off and on, and I have found those crashes are due to driver problems and not a Microsoft screw up. With Apples tight control of hardware and drivers, it is very rare to have a crash as a result of half-assed drivers. Are you listening ATI?
In the end, it's all boils down to needs and preferences and their will never be a winning side.
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Re: school comps
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Re: Re: school comps
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Duh
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Ix=MaCphile?
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Re: Ix=MaCphile?
and what software do you use to do video/audio editing?
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Re: Ix=MaCphile?
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Re: Re: Ix=MaCphile?
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ix=macphile?
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Re: ix=macphile?
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Re: ix=macphile?
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Re: Re: ix=macphile?
GOM
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Re: Re: Re: ix=macphile?
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Re: ix=macphile?
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Re: ix=macphile?
Don't get me wrong. I've worked on a mac. I think a mac is a good computer. There are some people, who just want a small selection of small, portable, easy to handle applications that I would recomend a Mac for. But seriously, it's time people realize that computers are business, and Mac is just as carnivorious as either Intel or Microsoft.
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No, Mr. Jobs, you are not the president
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Right on!
That is a bit off topic tho. I agree with Kenny. This does sound more like something that Microsoft would try to push. Does this mean that we are going to start seeing Apple act more like Microsoft? If so we are totally in trouble!
If you dont want you products to be announced unnofficially, then tighten up security on your development team!
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One small step for bloggers...
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i'll tell you
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how quickly...
If you're talking about video and audio production, Macs do it well but there is more, and more intense, software available on Whine-doze. Say all you want, there are 5 programs I use consistently to produce video on my Windoze machine that simply aren't available for a Mac and haven't been for over 5 years. This has nothing to do with a Mac vs. PC but rather that the fact remains that there are MORE programmers for Windoze and hence, typically, more programs. With that fact there are no attachments of "better" or "worse", only "more".
Only program remotely related to video that is on a Mac that I'd like to see on PC... "dvbackup".
Now, try discussing the topic at hand.
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Re: how quickly...
ummm there are plenty more audio programs for mac than windows. Motu Digital Performer, Bias Peak, Cycling 74, and Logic audio are a few. I dont do video. You dont do audio, so take that part out of your post...
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Re: Re: how quickly...
Actually I DO audio too but didn't bother mentioning it...so you can take THAT part out of YOUR post. What I said isn't always what you think I said...sheeesh.
And I guess the reason my friend who uses a Mac is always asking me where he can find audio software for his machine that just happens to be available for the PC, that's just a coincidence? Or why the drivers for his brand new digital turntable worked like a charm on my laptop but he couldn't get them to work on OSX, he had to drop to classic mode and use them under 9.2.
Your list of apps is lacking in the overall field of "audio". From apps that help you learn to play guitar by plugging your guitar directly into your soundcard(Interactive Guitar) to guitar effects generators(GuitarFX) to audio cleaning(Magix) to emulating Moog synths(Arturo..sp?) and lots and lots more....I can't find 1/10th of those(and not the titles..but any app that would do nearly the same) on a Mac. But your list looks impressive if one leaves out all the other concepts in the field.
Oh, and it seems "Motu Digital Performer" is available for XP so maybe you oughta check your list a bit more...maybe I'm reading their page wrong but that's how it reads.
Now, what were you saying about journalism again?????
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Re:
"I have herd" - a herd of PC machines?
"mother bords " - Nope, not on my Mac either.
"exsist" - Not sure about that one.
"so ill give" - You mean not feeling well?
My Mac has a spell checker but I don't need it for the easy words.
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My PC kicks your Mac ass
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___ vs ___ is stupid. I use both XP and SUSE. I catch hell about Windows from both the *nix users as well as Apple jockeys. I catch hell for using SUSE from the users of other flavors.
It's funnh how Apple & Windows-only turds shup up at the latter ;)
Fact is, they both work for me & that's all that matters.
As far as journalism is concerned, no there are no special licenses--just good/creative language skills. The only real difference between the two are where your paychecks come from.
By the way, my spellcheck extension for Firefox says my text is just right :)
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Stop fricking laughing.
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Hipocracy
What I find amusing about the mac users just a year before was that MACs were superior and far greater and performance and bla bla bla (they were so full of sh*t they can double as a septic tank).
Now, they use intel. Hmmm... Interesting, but now they feel that they are still superior blea bla bla.
Well, I dunno about you guys, but when it comes to laptops, the new macs are decent. Why? Because they are using the PC architecture. The more funny part is that the processors are hybrid risccisc because ramping up the clock speed using risc wasn't paying off because main memory couldn't keep up with the high clock rates. If you are a computer scientist and programmer you will easily understand, but if you are not, just simply do this: Take the speed of light, or and divide it by the clock speed of your computer. That is your maximum distance or critical path that you can have from your cpu to memory. As you can see, if you want memory as fast as the clock frequency you need to either do two things: Make it very very wide or parralel and you can throw some latches there to extend the distance at some compulsory memory misses, or put it close to the CPU (which makes it expensive). Oh but I forgot about the whole capacitance refresh issue when using DRAM and the drain speed of the charge. Well, anyways, you mac geniuses were touting about this superiority only to find that it was a problem because intel tried to do the whole megahertz thing with the P4 ousting your original claims but facing a bigger problem -memory latency. We are not even going to try and jump in on the thermal issues.
So anyways, back to the debate.... I cannot even think of why you would say Macs are superior since they switched their architecture to intel / amd.
PC graphics cards price
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Logic is available for PCs too.
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Apple sucks
Apples are made for people who prefers simplicity and not the more awesome interface that windows provided.
I'm not saying that PC is better than Mac in everyway but just to express my opinion towards Apple.
You guys suck.
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bloggers are journalists?
But there do seem to be a number of bloggers who don't seem bound by the requirements of journalism. Like removing posts rather then posting retractions and apologies.
Then there all those damn dirty commentors to deal with, so maybe I will cut the bloggers more slack. God knows I would not want to have to put up with comments from people like me.
As for you nut jobs our there, learn to love not hate. I very happily use Win2K, XP, OS X, and Linux on occasion (just for kicks). Anyone who can not see the strengths each OS has is an idiot and should have their right to breathe revoked.
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Re: bloggers are journalists?
1. bloggers now have a court decision that says they should be considered "journalists" -- THIS IS HUGE.
(side note: will there be arguing in the courts as to what a "blogger-journalist" is and what it is not? you bet. will it resemble a common sense argument? don't bet on it...)
2. most bloggers *probably* remove posts rather than retract or apologize because the lawyers for someone DEMANDED a take-down. people who don't like what i say in my blog really DO NOT want anyone else finding that stuff and reading it (only to miss my retraction on pge 403). they want my opinion to completely disappear.
frankly, the standard of what "journalism" is in this blooody country has slipped so far that the garbage being spewed by the news organizations is little more than a gussied up blog anyway. there is little straight reporting anymore (who, what, when, where). so many articles i read are veering into opinion by the second sentence and that was not how i was taught news journalists should be doing...
as for all you bored goof-offs arguing about apple vs. pc, get over it. here's a virtual $0.25 to help you buy a clue on getting a life. HERE'S A NEWSFLASH: all PC O/S's suck in one way or another. Hell, all computers suck, not just PCs. It's a question of what YOU are willing to accept and deal with. The worst part about this comment thread is there was maybe 2 people actually talking about what looks to be a landmark decision and 50 gibbering idiots slagging on Apple, carping at Gates, etc. WHO FRIGGIN' CARES? When they finally cram Trusted Computing into your shiny new box they will p0wn your PC anyway!!!!!
have a happy memorial day weekend...
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Apple v. PC
Comparing the Operating Systems, Mac is certainly a different feel and being a Windows/Linux user I didn't really like it at first. But, it really seems to be a much better and more innovative system. And on top of that, it's unix based.
That's my 2 cents.
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Can you blame Apple for being a little gun shy
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Re: Can you blame Apple for being a little gun shy
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Apple Bloggers Are Journalists
Apple and any other company should watch their own employees before trying to come down on the little blogger. If they don't want anyone to know anything they should keep it secret.
It's nice to know that I can say anything about anyone as long as it's not false. Of course it's also not wise to call the big guy a lughead if he's standing right in front of you and can pound you into the ground before you can blink twice!
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I'd like to see Gates offer THAT type of versatility.
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stop
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PC v Mac / Blogger rights
They both have there strengths and weaknesses. Yes, bootcamp will be nice, but, it's only a test for Apples switch to the Windows architecture. Yes, I said it. They are going to layer their OSX interface over Windows. Just wait for the Macworld conference when Bill Gates comes out and the video screen behind them shows the Apple and Windows logos melding.
And as far as the idea that this lawsuit sounds like a Bill Gates move, do your research. Apple has been playing this game for years and years. They leak just enough information to keep these sites and bloggers writing about the exciting things to come from Apple. This IS how the Apple marketing works and how it's continued to work for years. There is nothing stronger then word of mouth advertising.
But, once Apple decides that a blogger or site is getting too close to home, they drop the lawyers on them. Steve Jobs doesn't like having his thunder taken away from him. What would he do if he pulled a "and one more thing.." and no one was in awe?
Anyway, yaaa for bloggers and remore sites. Apple has been using you for years and they shouldn't treat you so poorly.
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Re: PC v Mac / Blogger rights
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Coke Vs Pepsi etc
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Apple Bloggers Are Journalists
Apple and any other company should watch their own employees before trying to come down on the little blogger. If they don't want anyone to know anything they should keep it secret.
It's nice to know that I can say anything about anyone as long as it's not false. Of course it's also not wise to call the big guy a lughead if he's standing right in front of you and can pound you into the ground before you can blink twice!
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