Daring Fireball: On the Credibility of The New York Times:
Speculation is not a violation of trade secret law.
Inducing someone to break a non-disclosure agreement is.
So if I take you into my confidence and tell you a secret, which you then divulge, I should be angry with with the person to whom you betray my confidence, rather than with you?
If the central issue in the Apple v Think Secret matter is that someone — Think Secret or some other party — induced someone to divulge trade secrets, will prosecuting Think Secret stop the leaks? Or will it, as in the case of file sharing, force it to become decentralized and harder to isolate?
While I’m sure it’s infuriating for Apple to have some guy’s website steal their stage-managed thunder, it’s not like someone has leaked the product roadmap or the Aqua source code.