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apple has two lawsuits pending that involve rumor-tracking clear sites. In orchard apple tree Computer v. Doe No. 1, et al. (or Apple v. Does for short), the connection is suing up to 25 unnamed individuals for misappropriation of trade secretsspecifically, leaking Apples confidential instruction about an unreleased audio product code-named asteroid to Think Secret, AppleInsider, and Jason OGradys PowerPage.As part of the disc overy process, Apple obtained subpoenas for all three sites for any and all information related to Asteroid, including the identity element of all people who leaked the information, or communications that might reveal say identities. None of the sites is a defendant in the Does suit, though Apple has make clear that they could be named as defendants if evidence shows that they knowingly published Apples trade secrets (and Think Secret is a defendant in a second lawsuit not related to Asteroid). both(prenominal) Think Secret and AppleInsider mystify th eir own electronic mail service, so obtaining information about their e-mail records and messages would require subpoenaing the sites themselves, invoking difficulties about journalist privileges. When Apple larn that PowerPage used an external e-mail provider, the companys legal aggroup found its path of least resistance. Nfox has gone beyond refusal to contest the subpoenathe ISP refused to promise OGrady that it would not comply with the subpoena before appeals were exhausted. Thats when the Electronic Frontier Foundation, representing the three sites, went to court seeking a prophylactic order on OGradys behalf to prevent Nfox from turning over the information to Apple.On March 4, lawyers for Apple and for the three subpoenaed sites met in the San Jose motor hotel of Superior Court Judge James P. Kleinberg. They were arguing over the sites doubt for a protective order barring Nfox from honoring Apples subpoenas. It was an uphill battle, because one day earlier, Judge Kleinb erg tentatively ruled in Apples favor.On March 11, the Judge formalized his explorative decision, denying the motion for the protective order, leaving Nfox free to honor Apples subpoenas and turn over all information from OGradys e-mail related to Asteroid, including that which may identify the person who sent it to the sites. In the 13-page ruling, Kleinberg basically told the three sites (the ones who moved to have the subpoenas quashed, hence their reference as movants in the decision) that their status as journalists does not matterif they had Pulitzer Prizes, theyd still have to honor the subpoenas.Trade Secrets