Dan Gillmor nails it: Apple wouldn’t sue the New York Times

Turns out Dan did a much better job then me of taking on Apple’s lawsuits the other day:

This reeks of corporate misbehavior. I’m not a lawyer, but it seems to me that Apple’s only legitimate legal beef is with its employees or contractors who are leaking the information to Think Secret and other rumor sites.

I’m fairly sure of this: If the party leaking information to Think Secret had sent it, say, to the San Jose Mercury News or New York Times, and had those publications run the news, Apple wouldn’t be suing them. Both have deep enough pockets to defend themselves.

Apple is being a bully Dan sees that, the EFF sees that, and Apple seems to be the only person who doesn’t see that.

Now, again, if Think Secret was paying people to steal information or breaking into Apple HQ then they should face the music, but Apple needs to leave the journalists and bloggers out of this and fight the folks who are doing the very illegal leaking not the folks who are doing the very legal reporting!

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