California Superior Court judge Friday ruled out that Apple Computers are to force some online publishers to uncover those who priveded them with confidential information on the company’s new products.

The Cupertino, California-based company argued that the Web sites induced their sources to breach confidentiality agreements to divulge trade secrets.

"Trade secret laws apply to everyone regardless of their status, titles or chosen profession," said the judge.
"The California Legislature has not carved out any exception to these (laws) for journalists, bloggers, or anyone else."

The judge also stated that "the journalist’s privilege is not absolute. For instance, journalists cannot refuse to disclose information when it relates to a crime."

He added that there is no sense in defining if those who work with online news are journalists or they are not, because "journalists do not have the unfettered right to publish trade secrets".

"(Case law) shows that subpoenas have to be last resort ... after you have exhausted all other options," Opsahl, the writer’s representative in court,