Student Says He Can't Afford To Defend Apple Lawsuit
BOSTON (AP) — A 19-year-old Harvard student being sued by Apple Computer
Inc. over a claim that his online publication revealed Apple's
trade secrets said Friday he can't afford a lawyer to defend himself. But Nicholas M. Ciarelli said he hopes to find free or low-cost legal
help to argue that he deserves First Amendment protection and used proper
newsgathering techniques to break news about the new $499 Mac mini
computer and other inside information about Apple."A lot of lawyers are interested in my case, but few are able to do it
for free or low cost," Ciarelli said in an e-mail interview. "I'm seeking
representation."
Ciarelli, who described himself as "an enthusiastic fan of Apple's
products since an early age," uses the pen name "Nick dePlume" as editor
and publisher of www.thinksecret.com, which differs from so-called "blogs"
in that it accepts advertising. He started the Web site at age 13 in 1998.
Stories about developments at Apple have made the site popular with
enthusiasts of the company's products as well as industry analysts and
reporters.
An article posted Dec. 28 revealed details of an inexpensive, bare-bones
Mac mini computer that would be priced at $499.
The article, which cited "highly reliable sources," led to industry
rumors that preceded Apple's launch of the product Tuesday at Apple's
MacWorld conference.
Another Think Secret story on Jan. 6 predicted Apple's rollout at this
week's show of a $99 iPod music player.
Cupertino, Calif.-based Apple on Jan. 4 sued in Superior Court in San
Jose County, naming as defendants Think Secret and unnamed sources who
tipped off the online publication about the Mac mini launch.
Apple said in a statement that it believes Think Secret "solicited
information about unreleased Apple products from these individuals, who
violated their confidentiality agreements with Apple by providing details
that were later posted on the Internet."
Ciarelli's identity as the site's editor and publisher was not revealed
until Wednesday, when The Harvard Crimson, the student newspaper,
published the information.
Ciarelli said Think Secret's reporting "helps to generate interest in
Apple and its products."
He said he's "confident that Think Secret's reporting is consistent with
the rights protected by the First Amendment. I haven't used any improper
newsgathering techniques.
"Neither the dePlume organization nor I can afford to defend a suit
against Apple, and have few connections in California," he said.
