Tentative Ruling Allows Apple to Seek Source of Data Leaks

Apple Computer Inc., the maker of iMac computers and iPod music players, can force three online publishers to disclose where they obtained confidential information about new Apple products, a judge has tentatively ruled.

Santa Clara County Superior Court Judge James Kleinberg declined to shield the publishers from Apple’s inquiries. Lawyers for the Electronic Frontier Foundation, a group that seeks to protect civil liberties related to technology, sought the order on behalf of three Web publishers.

“We’re disappointed that the tentative ruling was a denial,” said Kurt Opsahl, a foundation lawyer representing the publishers. “We intend to try and convince the court to see our side of it” at a hearing scheduled today.

Apple is seeking subpoenas that would force the three publishers to reveal who gave them information about Apple products. The information appeared in November articles on the websites.

Apple shares fell $2.33 to $41.79 on Thursday on Nasdaq. They have risen 9.6% this year.

The foundation argued that sources were protected by the California Constitution and the 1st Amendment of the U.S. Constitution. Both shield journalists from having to disclose sources.

Apple had previously agreed to delay its subpoenas for five days to give the group time to appeal the ruling, Opsahl said.

Steve Dowling, a spokesman for Cupertino, Calif.-based Apple, didn’t return a phone call seeking comment.