In response to the Perspectives column written by Charles Cooper, "":
If the bloggers had uncovered and reported illegal activity inside Apple Computer, then there wouldn't even be any controversy--the judge would have squashed Apple and all of its motions before breakfast. If the leakers had stolen physical property and sold it to the bloggers, there wouldn't have been any controversy either--the judge would have ordered the leakers arrested for theft and the bloggers arrested for receiving stolen property.
So were the leaks legitimate news or stolen property?
Unfortunately, they are both.
Let's imagine that journalists somehow got access to the secret formula for Coca-Cola. Could they publish it? Sure. Would they be liable? Absolutely.
Companies do not have a right to cover up any kind of wrongdoing, even something as small as misuse of Post-it notes, but they absolutely do have a right to protect intellectual property. And the only way to protect trade secrets is to make sure that there is a process for punishing leakers.
No right enumerated by the Constitution is absolute. It is the responsibility of people exercising a right to ensure that, by exercising it, they are not stepping upon the rights of others.