 |
|
|
Apple and Nicholas M. Ciarelli,
the young man behind the popular Apple rumors web site ThinkSecret.com,
announced on Thursday that they eventually reached a settlement and that
ThinkSecret.com would shut down.
In January 2005 Nicholas Ciarelli,
currently a senior at Harvard, was sued by Apple because he was reportedly publishing
trade secrets on his ThinkSecret.com web site. Excepting Ciarelli, the company
sued in court other two web sites’ publishers over similar charges. But Apple
lost these two other lawsuits, as the court decided that the web sites’
publishers were journalists and thus, protected by law; Apple was forces to pay
$700,000 in legal fees to the web sites.
However, the company’s lawsuit
against Nicholas Ciarelli didn’t ended too soon, although in March 2005 the
young man filed a countermotion against Apple under a California provision that
makes litigants vulnerable to financial damages if they sue over what is
determined to be constitutionally protected speech. According Ciarelli’s
lawyer, Terry Gross, it seems that the motion would have resulted in another
embarrassing ruling against Apple and this is in fact what led to this week’s
settlement.
Although Ciarelli did not comment
on whether the giant company had given him money to shut down his web site, the
young publisher said he was pleased with the outcome of the negotiations.
“We’ve been able to reach a positive solution,” he also said.
Ciarelli also claimed that this
settlement with Apple represented a clear statement about the rights of online
journalists: “Speaking more broadly, I think online journalists can feel
confident that they can assert their First Amendment rights, even when they run
up against large corporations.” Still, he agreed to shut down ThinkSecret.com
and this fact was seen by other free speech advocates as a partial victory for
a large company that tried to silence an independent voice. “It’s great for the
individual critic to be paid to be quiet, but the public is worse off if we
lose the ability to get more information in the marketplace of ideas,” said
Paul Alan Levy, a lawyer with the Public Citizen Litigation Group in
Washington.
Interestingly enough, none of
Nicholas Ciarelli’s sources were revealed as part of the “amicable” settlement.
© 2007 - 2008 - eFluxMedia