07-03-2005 21:46									#1
	Is Apple The New Microsoft? Get a bigger avatar today!

http://www.forbes.com/personaltech/...yahoo&referrer=

quote: Is Apple The New Microsoft? Lisa DiCarlo, 03.04.05, 2:55 PM ET Steven P. Jobs NEW YORK - It's ironic that a company as innovative as Apple Computer could have such a regressive view of the changing world of American media. The company, led by Chief Executive Steve Jobs, won a round in its quest to force three Apple (nasdaq: AAPL - news - people )-enthusiast Web sites to disclose their sources on articles they published regarding unannounced Apple products. In court filings the company argued that the Web sites were not protected by free speech because they are not legitimate members of the press. The ruling, if it stands, will have a chilling and potentially devastating effect on not only blogs, which are growing in stature and prominence, but online media in general. This potential threat to first amendment rights and Apple's crackdown on Web sites that, in general, love the company and its products, do nothing to bolster Apple's image. In fact, the company's success of late has yielded accusations of bullying and potentially unlawful business tactics, not to mention complaints that songs purchased from its iTunes music service, the dominant digital music store, don't work with music players other than its own. To some, that might sound like its neighbor to the north. Apple argues that Web sites aren't protected by free speech provisions under the First Amendment to the U.S. Constitution because they are not "legitimate members of the press." In most cases journalists, protected under the First Amendment guaranteeing free speech, do not have to reveal sources. Problem is, the definition of journalism is rapidly changing. "Traditional" media like print newspapers, broadcast news and weekly magazines years ago began being augmented and in some cases supplanted by "new" media on the Web. More recently blogs, or personal Web logs written by anybody with something to say, burst onto the scene and began changing the journalism landscape. For the first time bloggers were awarded press credentials to the 2004 presidential conventions. Some of the more well-known bloggers have become fixtures on cable news channels. Bloggers have broken several major political stories, scooping the "legitimate" media. Today many portals and traditional news outlets are incorporating user-generated content and so-called citizen journalism into the mix. The New York Times Co. (nyse: NYT - news - people ) for example, recently paid more than $400 million for uber-blog About.com. If Apple prevails, does that mean that well-respected and award winning online-only publications like Salon and Slate, now owned by the Washington Post Company (nyse: WPO - news - people ) and CNet (nasdaq: CNET - news - people ) will not be protected under free speech? It's a slippery slope. As we noted last month (see: "Stopping The Presses") the news landscape is increasingly dominated by nontraditional publishers like Google (nasdaq: GOOG - news - people ) Time Warner's (nyse: TWX - news - people ), Microsoft's (nyse: MSFT - news - people ) MSN and Yahoo! (nasdaq: YHOO - news - people ). Today Susquehanna Financial Group issued an eight-page report on Yahoo's move into blogs and user-generated content, noting that blog readership grew 58% in 2004 and that blogs are "dramatically changing the availability of information on the Web." Apple doesn't see this? Dan Gillmor, the former San Jose Mercury News tech columnist, has started a project called Grassroots Media which, according to its Web site, is intended to encourage and enable more citizen-based media. In a recent post he notes that, "If the party leaking information to Think Secret [one of the sites being sued] had sent it to, say, the San Jose Mercury News or The New York Times, and had those publications ran the news, Apple wouldn't be suing them." And what is a legitimate member of the press anyway? Certainly being correct all the time does not qualify one to be "legitimized" by a media outlet. The scandals at The Times, USA Today and CBS News, a unit of Viacom (nyse: VIA.b - news - people ) have proved that.

	07-03-2005 21:58									#2
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Not suprising

	07-03-2005 22:01									#3
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No, they aren't in danger of getting 90%+ marketshare .

	07-03-2005 22:15									#4
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Or a $300 billion market cap...

	07-03-2005 22:21									#5
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quote: Apple argues that Web sites aren't protected by free speech provisions under the First Amendment to the U.S. Constitution because they are not "legitimate members of the press." In most cases journalists, protected under the First Amendment guaranteeing free speech, do not have to reveal sources.

WTF? That's total bullshit!

	07-03-2005 22:51									#6
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It's not really surprised. Apple's in the best position in years to cultivate a really nice consumer-friendly, hip image, and they know how to screw it up.

	07-03-2005 22:55									#7
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Yes, this is bullshit. That being said, Macs are still the computers for me, a fact that is becoming abundantly clear as I sit here at 3AM trying to get this ****ing spyware off my girlfriend's PC...

	07-03-2005 22:59									#8
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quote: Originally posted by Drake Tungsten Yes, this is bullshit. That being said, Macs are still the computers for me, a fact that is becoming abundantly clear as I sit here at 3AM trying to get this ****ing spyware off my girlfriend's PC...

try a spyware removing program

	07-03-2005 23:04									#9
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Apple's position is that blogs, websites, etc arent "real" press, unlike newspapers that publish on paper, and are traditionally distributed etc?





Glad to see Jobs has come over to the Luddite camp

	07-03-2005 23:04									#10
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I just ran 8 different ones. Hopefully they'll finish the job that Ad-Aware and Spybot alone couldn't...

	07-03-2005 23:28									#11
	Put an end to popups!

*coughLinuxcough*

In any case, I like how when Microsoft does it, most iFanbois and Linuzealots love smashing on them, whereas when Apple does it, most iFanbois and many Linuzealots are quiet.

	07-03-2005 23:46									#12
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Microsoft sucks, but Apple sucks worse...

	08-03-2005 00:22									#13
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This is bad press, but they are trying to catch the people who broke their NDA's, not the bloggers.

I hate NDAs so Apple is bad on this one, although being an evil corporation they have little alternative.

	08-03-2005 00:25									#14
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quote: Originally posted by Agathon This is bad press, but they are trying to catch the people who broke their NDA's, not the bloggers. I hate NDAs so Apple is bad on this one, although being an evil corporation they have little alternative.

I realize they're trying to go after people who breached NDAs, but they're going after bloggers to do it. They're trying to eliminate fundamental freedoms.

I literally just signed another Apple NDA, too.

They're such a litigious company.

	08-03-2005 00:26									#15
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quote: This is bad press, but they are trying to catch the people who broke their NDA's, not the bloggers.

quote: The company, led by Chief Executive Steve Jobs, won a round in its quest to force three Apple-enthusiast Web sites to disclose their sources on articles they published regarding unannounced Apple products. In court filings the company argued that the Web sites were not protected by free speech because they are not legitimate members of the press.

Apple

'Course, you're right about going after the NDA people... I'd be with you right there, until that last argument.

	08-03-2005 04:59									#16
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Well bloggers aren't legitimate members of the press. Then again most so-called legitimate members of the press shouldn' be thought of as such, since they all suck.

They should all be thrown in jail to teach them a lesson.

Plus it would be fun to do it.

	08-03-2005 05:01									#17
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quote: Originally posted by Drake Tungsten Yes, this is bullshit. That being said, Macs are still the computers for me, a fact that is becoming abundantly clear as I sit here at 3AM trying to get this ****ing spyware off my girlfriend's PC...

It is called Firefox.

Anyways, Apple has had plenty of chances to increase their share of the market, but they screw it up everytime. It is like they want to stay a niche company that has less then 2% of the market share.

	08-03-2005 05:19									#18
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quote: It is called Firefox.

Firefox gets rid of spyware? Who knew?

	08-03-2005 05:37									#19
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quote: Well bloggers aren't legitimate members of the press. Then again most so-called legitimate members of the press shouldn' be thought of as such, since they all suck. They should all be thrown in jail to teach them a lesson. Plus it would be fun to do it.

Damn, you're right. I bolded too much.

I think this is what should have been bolded.

quote: The company, led by Chief Executive Steve Jobs, won a round in its quest to force three Apple-enthusiast Web sites to disclose their sources on articles they published regarding unannounced Apple products. In court filings the company argued that the Web sites were not protected by free speech because they are not legitimate members of the press.

	08-03-2005 05:39									#20
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quote: Originally posted by Drake Tungsten quote: It is called Firefox. Firefox gets rid of spyware? Who knew?

I don't get spyware when using Firefox.

	08-03-2005 05:39									#21
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quote: Firefox gets rid of spyware? Who knew?

Don't look at me... On the other hand, installing linux will get rid of spyware... mostly because you'll have to do a reformat/install.

	08-03-2005 05:42									#22
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Gian, that's two verb constructs with different meanings:

get rid of ~= eliminate
(not) get != eliminate

Much as using a condom will not get rid of gonorrhea once you have it, installing Firefox will not get rid of spyware once you have it.

On the other hand, condom usage will dramatically lower the odds of you getting the clap, much as how using Firefox will dramatically lower the odds of you getting spyware.

	08-03-2005 05:44									#23
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Well that was a misstatement in which I later corrected myself, so you don't have to be a rude nitpicker. You would not get spyware to begin with.

Oh and please don't try to make me look like a ****ing idiot who can't understand english. Thanks in advance.

	08-03-2005 05:44									#24
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quote: Don't look at me... On the other hand, installing linux will get rid of spyware... mostly because you'll have to do a reformat/install.

If she can't manage to use Messenger without picking up a virus, I doubt she'll be able to handle linux...

Problem is fixed, btw, by all indications. At work now after 4 hours of sleep.

	08-03-2005 05:47									#25
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quote: Well that was a misstatement in which I later corrected myself, so you don't have to be a rude nitpicker. You would not get spyware to begin with.

Opera, linux, Links, Lynx, and... OS X all will make it so one wouldn't get spyware as well.

quote: Oh and please don't try to make me look like a ****ing idiot who can't understand english. Thanks in advance.

I'm not doing anything.

	08-03-2005 06:50									#26
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I agree with Aggie that bloggers aren't members of the press. So what Apple did was bad, but did not infringe on any "fundamental rights" in the US.

	08-03-2005 06:52									#27
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quote: Originally posted by Urban Ranger I agree with Aggie that bloggers aren't members of the press. So what Apple did was bad, but did not infringe on any "fundamental rights" in the US.

What do you define as press?

IMO it's a medium that people use to get news, IMO that's press.

It's not traditional, but it's press...

	08-03-2005 06:54									#28
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I agree with Asher.

	08-03-2005 06:58									#29
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quote: Originally posted by Asher What do you define as press? IMO it's a medium that people use to get news, IMO that's press. It's not traditional, but it's press...

Yeah well, you can't say something is press just because there is a chance that it could carry real news items. Otherwise, everybody becomes a member of the press.

If I understand correctly, you need some kind of a license to become part of the press.

	08-03-2005 07:05									#30
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quote: Originally posted by Urban Ranger I agree with Aggie that bloggers aren't members of the press. So what Apple did was bad, but did not infringe on any "fundamental rights" in the US.

Eh, except it's bullshit. There's no such thing as "the press" that has the rights - the rights of the "press" refers to anyone. The rights of the press refer the contents of whatever it is - what Apple may be saying here is that they were trade secrets, which are NOT part of the right of the "press" to publish.