FullosseousFlap’s Dental Blog

The Southern California Law Blog: Bloggers Win, Apple Loses in California Decision Over First Amendment Rights

Today, the California Court of Appeal issued its opinion overturning the trial court’s discovery orders obtained by Apple against a blogger. The EFF described the lawsuit by Apple as follows:

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The articles at issue concerned a FireWire audio interface for GarageBand, codenamed “Asteroid” or “Q7.” In addition, Apple filed a separate trade secret suit against Think Secret on January 4, 2004.

Apple is seeking information from these news sites regarding the identities of the sites’ sources, and has subpoenaed Nfox.com, the email service provider for PowerPage, for email messages that may identify the confidential source.

The Bear Flag League in 2005 filed an amicus brief in support of Jackson O’Grady.

The brief is here.

Congratulations to Justene Adamec and Jeff Lewis, attorneys extraordinaire, who represented the Bear Flag League and the Blogosphere so well.

The decision is here.

The EFF has a webpage summarizing the lawsuit with links to all the legal documents here.

Flap’s blogpost from June 4, 2005: Apple v. Does: Confidential Sources in the Blogosphere.

May It Please the Court represented the Bear Flag League in oral argument. You can read his first hand account here.

Blogosphere/MSM:

Instapundit

Right on the Left Beach: Bear Flag League Scores an Assist

Bag and Baggage: Apple v. Does Decision Issued

If Apple opts to seek review by the California Supreme Court, its petition should be due the first week of July (I get July 5). Review is rarely granted, generally only when necessary “to secure uniformity of decision or to settle an important question of law.” (CRC 28(b)) This strikes me as a well-reasoned and thorough decision, and one where securing review poses a significant challenge.

Though the media coverage of the opinion is bound to focus on the shield law and constitutional protections here extended to online journalists, in this era of ubiquitous use of email services originating with third parties the portions of the decision applying the Stored Communications Act might well have even broader impact.

Red Herring

Techdirt

Slashdot

internetnews.com

Macworld

Mercury News

AP

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Apple v. Does: Confidential Sources in the Blogosphere
Judge: Apple can pursue fan site sources
Bloggers Speak up about the Apple Case

U.S. Border Patrol agent Gus Soto loads illegal immigrants into a vehicle near Arivaca, Ariz., Friday, May 26, 2006. The Legislature approved a bill Thursday that would criminalize the presence of illegal immigrants in Arizona and provide $160 million to help authorities in the nation’s busiest illicit entry point with their immigration crackdown.

Examiner.com: White House compares illegal immigration to speeding

The White House on Friday said a Senate bill that would grant legal status to illegal immigrants is analogous to a traffic law that allows a speeder to pay a fine and continue driving.

“If you had a traffic ticket and you paid it, you’re not forever a speeder, are you?” White House Press Secretary Tony Snow said in response to questions from The Examiner.

“So the fact is, you have paid your debt to society,” he added. “And we have come up with a way to make sure that the debt to society gets paid. Then you move forward.”

The “traffic ticket” analogy raised eyebrows on Capitol Hill, where many House Republicans regard illegal immigration as a grave crime.

“I don’t know if Tony meant to trivialize it or not,” said Will Adams, spokesman for Rep. Tom Tancredo, R-Colo. “But it’s certainly misleading.”

No, Representative Trancredo, Flap reads the White House loud and clear:

AMNESTY

NOT ONE DIME NOR ONE VOTE!

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Illegal Immigration Watch: Senate Passes AMNESTY Immigration Bill

Illegal Immigration Watch: Senator Jim DeMint - “Top Ten Reasons to Oppose the Senate Amnesty Bill”

Illegal Immigration Watch: California Governor Schwarzenegger Warms Up to Idea of National Guard Deployment

Illegal Immigration Watch: Senate Votes to Limit Debate on Immigration Bill

Illegal Immigration Watch: Senate Bill Protects Employers of Illegal Aliens

Illegal Immigration Watch: 10 Per Cent of Mexico’s Population Now Living in United States

Illegal Immigration Watch: Secure The Border?

The Bear Flag League is now a member of The Truth Laid Bear Community.

So, get over there and check out how the BFL is doing in the blogosphere.

Flap knows you will be glad you did.

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Cox & Forkum: Royal Pain

From the FullosseousFlap’s Dental Blog: Representative William Jefferson Watch: “Trying to Protect Their Own”

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A group of Iranian suicide bomber volunteers shout anti-U.S. and Israel slogans during a ceremony in support of the Palestinian people at a cemetery in Tehran, May 25, 2006.

Reuters: Iran says would hit back against any US attack

Iran would hit back against any U.S. attack, Iranian Foreign Minister Manouchehr Mottaki said during a visit to Baghdad on Friday.

“In the event that Americans attack Iran anywhere, Iran will respond with an attack in that place,” he told a joint news conference with Iraq’s speaker of parliament, Mahmoud al-Mashhadani.

Mottaki’s remarks were translated into Arabic.

But he suggested he did not believe the United States would attack Iran, saying: “We don’t see that America is in a position where it would create a new crisis for the American tax payer.”

The United States and Iran are fiercely at odds over Western accusations that Iran’s nuclear power program is a cover for making weapons. Iran denies the accusations and says it has a right to a peaceful nuclear program.

YAWN……Iran is trying to keep attention in the Western media cycle over Memorial Day weekend.

Of course, should Iran strike back against the United States and Israel Teheran would probably be turned into glass and uninhabitable for a few decades.

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Iran Nuclear Watch: Iranians Pledge to Become Suicide Bombers

Iran Nuclear Watch: Israeli Prime Minister Olmert - “The Test of Our Time”

Iran Nuclear Watch: Ahmadinejad - Iran Has “Mastered” the Nuclear Cycle

Iran Nuclear Watch: Iran Test-Fires Long-Range Missile

Iran Nuclear Watch: Israel Seeks Cruise Missiles

Iran Nuclear Watch: United States Moves To Establish Anti-Missile Site in Europe

Iran Nuclear Watch: Israel Prime Minister Olmert - Iran Just a Few Months Away from Atomic Bomb Know-How
Iran Nuclear Watch: Iran Rejects Plan Floated by United Nations Security Council

Iran Nuclear Watch: Ahmadinejad - Holocaust Is a “MYTH” - But in Iran Wear A Yellow BADGE Anyway

Iran Nuclear Watch: Ahamdinjead - “Suffering from Mental and Psychological Problems”

Iran Nuclear Watch: Iran Wants Accord But Will Enrich Regardless

Iran Nuclear Watch: Ahmadinejad Rejects European Offer of Light Water Reactor

Iran Nuclear Watch: Ahmadinejad - European Incentives to Halt Uranium Enrichment - “Without Any Value and Invalid”

Iran Nuclear Watch: Iran Sought Pakistani Advice on Nuclear Facilities Attack

Iran Nuclear Watch: More Enriched Uranium Found in Iran - Density Close to Make a Nuclear Weapon?

Iran Nuclear Watch: Ahamdinejad - “Ready to Engage in Dialogue With Anybody”

Iran Nuclear Watch: Ahmadinejad - Israel is a “Regime Based on EVIL”

Iran Nuclear Watch: President Bush to President Ahamdinejad - “When Will You Get Rid of Your Nuclear Program?”

Iran Nuclear Watch: Ahmadinejad - Worry Over Nuclear Program “A BIG LIE”

Iran Nuclear Watch: “Ahmadinejad Isn’t Bluffing”

Iran Nuclear Watch: The Letter from Ahmadinejad to Bush

Iran Nuclear Watch: UNSC Foreign Ministers Fail to Agree on Iran Resolution

The Natanz uranium enrichment complex in Natanz is pictured in this January 2, 2006 satellite image.

Day By Day by Chris Muir

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