Apple wins dispute over trade secrets

SAN JOSE, Calif. — A judge on Friday ordered three independent online reporters to divulge confidential sources in a lawsuit brought by Apple Computer Inc., ruling that they were not protected by the First Amendment because they published trade secrets.

The ruling alarmed speech advocates, who saw the case as a test of whether people who write for Web publications enjoy the same legal protections as reporters for mainstream publications. Among those are protections afforded under California’s “shield” law, which is meant to encourage the publication of information in the public’s interest.

The reporters — who run sites followed closely by Apple enthusiasts — allegedly published product descriptions that Apple said employees had leaked in violation of nondisclosure agreements and possibly the U.S. Trade Secrets Act.

Santa Clara County Superior Court Judge James Kleinberg ruled that no one has the right to publish information that could have been provided only by someone breaking the law.

The online reporters could not immediately be reached for comment Friday but have said they would consider appealing a decision favoring Apple.

Apple Insider and PowerPage have hundreds of thousands of monthly visitors and generate revenue through advertisements, but they are a fraction of the size of more established publications covering the computer industry.