Comments Elsewhere

Again, let’s kill this one dead and stomp on it until we’re sure:

“If Think Secret prevails in its legal efforts, NDLs will be dead. No company will be willing to enter into an agreement in which the other party can use the free speech loophole to violate the agreement.”

Apple never entered into a Non-Disclosure Agreement with Think Secret. It entered into an NDA with unknown second parties who breached the agreement to leak a story to Think Secret. Apple has legally enforceable claims against those second parties if it can find out who they are. It has no claims whatever against Think Secret, which never made any agreement not to broadcast whatever information came into its grubby little hands and has not violated any terms that it ever agreed to.

Apple has no right to enforce the terms of a contract on people who never signed it. They are using this suit as an intimidation tactic to try to force Think Secret to disclose the second parties who leaked the information. Since they have no case, this is nothing more than using the force of the law as an implement of bullying. Thank goodness someone is standing up for Think Secret’s right not to be victimized by frivolous legal intimidation.