...and this time, at least, that's what we want to hear. John at the Legal Reader points to a piece quoting Terry Gross, partner in San Francisco-based Gross & Belsky LLP, who contends that Apple's case against ThinkSecret blogger and Harvard student Nick Ciarelli is completely without merit. Apple counters that "Apple's DNA is innovation, and the protection of our trade secrets is crucial to our success." They accuse Ciarelli of 'inducing' someone to violate their terms of Apple's non-disclosure agreement. Gross states his case:

"The Supreme Court has said, 'I'm sorry, you can't hold [journalists] liable. They aren't liable; you can go after the person who stole it but you can't go after the journalist.' [It's] the same thing here," Gross said. "What did Nick do here to induce someone to do it? The only thing they say that he did to induce them was, one, that he was going to publish the information and, two, he promised some sources anonymity. That's the basis of journalism; that's how it works."

This lawsuit wouldn't have been filed if the information was coming out of the New York Times, Wall Street Journal or other major media outlet, Gross said. In fact, he added, the journalist who published such a story in one of those organizations would have been credited with good journalism, having good sources and "getting the scoop," a media term for beating other publications to a story.

Everyone knows that Apple is very, very highly protective of their product specifics before anything is launched. Everyone also knows that Apple customers are some of the most enthusiastic in trading rumors about said new products. And seeing as how no company has ever been able to create digital devices with the juice of the Macintosh or the iPod -- even after the products are on store shelves for months -- we find it hard to believe that the Apple is really concerned about some generic brand rushing to market with a killer product ahead of them. In this case, it does seem that Apple's lawyers are playing the bully, instead of the other way around.