Reporters and bloggers covering trade secrets”what do you think?

iPod shuffle in hand

There have been a lot of reports about journalistsand bloggersreporting on information that companies consider “trade secrets.”

Now, trade secret’ is not a legal term from what I understand, that is unless you sign an agreement that defines a trade secret’ and your relationship with the other party in regards to the use of information defined as such.

I’m curious what the legal eagles, publishers, journalists, and bloggers think about these two situations:

Scenario One: An Apple employee steps out of the Apple offices with a iPod Shuffle three months ago. That employee has a non-disclosure agreement with Apple. The New York Times takes a picture of the person with the iPod and runs a story about the mysterious device before it is officially released. Has the New York Times broken the law? Has the New York Times done something unethical?

Scenario Two: The same employee posts a picture of themselves and their iPod Shuffle to their blog and a message board for fans of Apple products. That employee has a non-disclosure agreement with Apple. The New York Times takes a screen capture of the person’s website with them holding the iPod. The New York Times runs a story about the mysterious device with the screen capture before the iPod Shuffle is officially released. Has the New York Times broken the law? Has the New York Times done something unethical?

What do you think?

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