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Apple has two lawsuits pending that involve rumor-tracking Web sites. In Apple Computer v. Doe No. 1, et al. (or Apple v. Does for short), the comp each is suing up to 25 unnamed individuals for misappropriation of trade secretsspecifically, leaking Apples confidential teaching about an unreleased audio product code-named Asteroid to Think Secret, AppleInsider, and Jason OGradys PowerPage.As part of the discovery process, Apple obtained subpoenas for all three sites for any and all information related to Asteroid, including the identity of all people who leaked the information, or communications that might reveal said identities. None of the sites is a defendant in the Does suit, though Apple has made clear that they could be named as defendants if evidence shows that they knowingly published Apples trade secrets (and Think Secret is a defendant in a second lawsuit not related to Asteroid).Both Think Secret and AppleInsider have their own e-mail service, so obtaining information ab out their e-mail records and messages would require subpoenaing the sites themselves, invoking difficulties about journalist privileges. When Apple learned that PowerPage used an external e-mail provider, the companys legal team found its path of least resistance. Nfox has gone beyond refusal to contest the subpoenathe ISP refused to promise OGrady that it would not comply with the subpoena before appeals were exhausted. Thats when the electronic Frontier Foundation, representing the three sites, went to court seeking a protective site on OGradys behalf to prevent Nfox from turning over the information to Apple.On work on 4, lawyers for Apple and for the three subpoenaed sites met in the San Jose courtroom of Superior Court Judge James P. Kleinberg. They were arguing over the sites motion for a protective order barring Nfox from honoring Apples subpoenas. It was an uphill battle, because one day earlier, Judge Kleinberg tentatively ruled in Apples favor.On March 11, the Judge form alized his preliminary decision, denying the motion for the protective order, leaving Nfox free to honor Apples subpoenas and turn over all information from OGradys e-mail related to Asteroid, including that which may identify the person who sent it to the sites. In the 13-page ruling, Kleinberg essentially told the three sites (the ones who moved to have the subpoenas quashed, hence their reference as movants in the decision) that their status as journalists does not matterif they had Pulitzer Prizes, theyd still have to honor the subpoenas.Trade Secrets