June 3, 2005 | By Kurt Opsahl

Court Issues Order to Show Cause in Apple Case

On June 2, the California Court of Appeal issued an Order to Show Cause, asking Apple to show the Court "why a peremptory writ should not issue as requested in the petition for writ of mandate and/or prohibition" that EFF filed on behalf of three online journalists. Apple's response is due July 5.

Apple is suing several unnamed individuals, called "Does," who allegedly leaked information about an upcoming product code-named "Asteroid." Apple has subpoenaed Nfox, the ISP for PowerPage publisher Jason O'Grady, demanding that the ISP turn over the communications and unpublished materials O'Grady obtained while he was gathering information for his articles about "Asteroid." Apple has also been granted permission to issue subpoenas directly to EFF clients PowerPage and AppleInsider for similar information.

EFF appealed the trial court decision which held that if a journalist publishes information a business deems to be a trade secret, this act destroys constitutional protection for the journalist's confidential sources and unpublished materials. No date has yet been set for oral argument.

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