Apple vs. the Bloggers: How It Unfolded and Where It Stands Now
Subject:   Clarifying quote about Apple and NDAs
Date:   2006-06-19 14:31:01
From:   rkoman
A number of readers have raised an issue with a quote from Rob Enderle about Apple's use of NDAs. While it was neither Mr. Enderle's or my intent to suggest that Apple doesn't use NDAs on employees (that would truly be an absurd assertion), it is certainly possible to read the quote in that way, and several people have. Enderle clarifies that Apple does not pre-disclose to media and thus it does not NDA media. In a follow-up email to me he explained:

"Every technology firm has NDAs on their employees; it was never my intent to imply they didnít. It is the lack of a trust relationship with the media coupled with a lack of roadmap (and arguably a rabid fan base) that creates this problem - and it is largely unique to Apple.

"What Apple doesnít do is do NDAs with media, which makes them a natural target and they stand alone in that practice. It's like painting big red circles on their stuff and they have none of the natural protections that NDAs with the media might provide. The other technology companies have not, to my knowledge, gone after bloggers for leaks and have less speculation about what they are doing because they generally disclose road maps anyway. Apple generally stands alone with that practice as well.

"So where Apple stands alone is their practice of not pre-disclosing media under NDAs, in not providing guidance which makes even breaking the NDAs less newsworthy, and in suing media when the environment they have created results in the leaks they, in effect, provide incentives for.

"The amicus briefs that were filed were filed by companies that really arenít in the same business that Apple is in. Apple is in the consumer electronics and PC business and none of the supporting firms (who typically do this because of joint relationships between the law firms anyway) are in that business, so Apple stood alone in their market based on the briefs I know about."

As a point of fact, according to the ( document collection on this case, there were three amicus briefs filed on behalf of Apple, from the Information Technology Industry Council, Genetech and Intel/Business Software Association.

In light of the discussion I did place calls and emails to Apple PR to verify Enderle's statements, but received no response. We'll update the article to reflect this as soon as possible. Finally, while it is interesting ( to be called names online, I would suggest that it's better to seek clarification than to assume stupidity.

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  1. Clarifying quote about Apple and NDAs
    2006-06-20 09:36:41  RainyDay [View]

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