Agreed. Just because its Apple its become a case of "They're so evil for this!" Surely you'd want to protect your products, especially unreleased ones!
That's the problem though.
If I decided to release a brand new computer, with a bigger hard drive, a camera, a better network card, a bigger screen, and a slightly differently shaped case ...
is it really a new product?
It's an improved version of the same exact thing that they released a couple years ago. With a bit of improvement. It's no big secret. It's the same old iphone with different parts.
Who is going to be surprised? "GASP! I heard they're improving the capabilities!" "GASP! I hear it's going to have a larger storage capacity!" "GASP! I hear it's going to have a SD-Micro slot!"
Is this trade secret? No. Not really.
I see nothing to be fantastically excited about. Man ... if the guy were still alive, I'd love to e-mail my old technology ethics professor. He was a JD attorney whose undergrad degree was Comp Sci. [ Guy died of a heart attack. He was one of my youngest professors too - barely over 40.... ]
I bet that guy would know the answer to this whole shithole.
( Based on the facts presented here, IMO, Apple loses - and I'm looking from the standpoint I just took above. I suppose eventually, we'll see someone else's [read:
a judge's] opinion on it to see how this stands under the law. There is nothing truly novel about this new improved iPhone, and it's no secret at all - with tens of millions of them on the market. What comes next, put a blue line instead of a silver line on it - and then it's a new trade secret model that warrants prosecution if stolen or revealed? )
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Now on the OTHER hand - if this had been the
iPad which were leaked and released - THEN - I would say Apple has a rock-solid unarguable case of stolen trade secret.
[ BTW - On a side note, where do you think prosecuting something like this will lead?
IMO wikileaks is a criminal organization which should be shut down. Yeah. You got it. Apple
IS Big Brother doing something like this. If Apple gets a positive ruling on the people who released their crap - what do you think the can of worms will look like ... after it's been opened? ]