“Just because you receive something on the internet does not mean you have a green light to do whatever you want with it,” Milgrim added.
He explained the type of damages that could have motivated Apple’s lawsuit. “Sometimes in the software field where advances are measured in nanoseconds, the preannouncement will permit competitors to develop products more timely,” Milgrim said.
In its complaint, Apple demands that Ciarelli and his company pay damages, hand over “gains, profits, and advantages” from the alleged “misappropriation” of trade secrets and attend a trial by jury. According to the complaint, Think Secret generates revenue from online advertising.
Apple also requested an injunction to stop Think Secret from spreading future product information.
In the past, Apple has sent at least four cease and desist letters to Think Secret to stop the site from posting Apple trade secrets. Apple is also suing the unidentified individuals who tipped off Think Secret and has urged Ciarelli to reveal their identities.
But Ciarelli wrote that he will not disclose information about his sources.
“In my view, it is crucial that a reporter have the ability to maintain the confidentiality of his or her sources. And I think the public realizes this, since the news has been filled lately with instances of journalists being forced to reveal confidential sources,” Ciarelli wrote.
According to California Superior Court records, a case management conference will be held on May 3.
—Staff writer Joseph M. Tartakoff can be reached at tartakof@fas.harvard.edu.