1
mOMAS
E.
MOORE
III
(SB
#
TOMLINSON
ZISKO
'2 3
4
200
Page
Mill
Rd
2nd
Palo
Alto,
CA
Telephone: (650) 325-8666 Facsimile No.: (650) 324-1808
(SB # 121156)
RICHARD R. WIEBE
5
6
LAW OFFICES OF RICHARD R. WIEBE 425 California St #2025
San Francisco, CA
94306
7 8 9 10 1 12
13
Telephone: (415) 433-3200 Facsimile No.: (415) 433-6382 KURT KEVIN
ELECTRONIC
B. OPSAHL (SB # 191303) S. BANKSTON (SB # 217026)
FRONnER
94104
FI
LLP
454
Shotwell
Street
San Francisco,
Telephone: Facsimile No.:
CA 94110
436-9333 436-9993 (415)
(415)
Attorneys for Non-Parties MONISH BHATIA,
JADE,
D.
KASPER
and
JASON
FOUNDATION
14
SUPERIOR COURT OF THE STATE OF
O'GRADY
115107)
15 16
17 18 19
v.
IN
AND
FOR
THE
COUNTY
OF
SANTA
CALIFORNIA
APPLE COMPUTER, INC.,
No.1-04-CV-O32178
Plaintiff,
SUPPLEMENTAL
DECLARATION JASON D. O'GRADY IN SUPPORT MOTION FOR PROTECTIVE ORDER OF
CLARA
20
Date:
Time:
March
21 22 23 24 25 26
magazine that I, Jason D. O'Grady, of Abington, Pennsylvania, declare
4, 2005
DOE
1,
et
aI.,
Defendants.
Location:
Judge:
10:00 a.m. Department 14 Hon. James Kleinberg
I
own
and
operate
"O'Grady's
PowerPage"
("PowerPage"),
an
online
provides
its
readers
with
news
and
information
about
Apple
Macintosh
and
27
28
Macintosh-compatible
software
and hardware.
I function as the publisher and one of nine editors
andreportersfor PowerPage.
DECLARAnON OF JASON D. O'GRADY
Apple
news
OF
1 2
such sources
2.
PowerPage's
are integral to PowerPage's
reporters' rely heavily on confidential and anonymous sources, and Approximately two-thirds
sources. news gathering and reportage.
3
4
5
of
news
tips
submitted
to
PowerPage
are
from
confidential
or
3.
PowerPage's
companies
ability
The
revelation
of
confidential
sources
in
anonymous
this
case
would
likely
to
elicit
information
from
confidential
sources
in
the
future.
If
Apple
undermine
or
6 7 8
9
can use third party recordsto discern the identity of PowerPage' confidential news s
sources,or can subpoenaPowerPagedirectly for such infonnation, it will have a substantial chilling effect on
more difficwt to gather PowerPage's current and potential future news sources and make it substantially
news
stories
for
PowerPage.
This
would
undoubtedly
have
a
ripple
10
11
silencingsources who might otherwisecooperate with the press.
4.
PowerPage
significantly and
SinceApple's initiation of the current lawsuit and concurrentthreat of subpoenas to
its email provider Nfox, the flow of information to PowerPage has been slowed, and the number of confidential and anonymous submissions to
12 13
14 15
hasdroppedby approximatelyhalf sincethe lawsuit began.
I declare under penalty of perjury under the laws of the California that the foregoing is true
16
17 18 19
and correct. Executedon this the
day of March 2005 in Abington, Pennsylvania.
By
~
~..
,
"'"..,,
20 21
22
Jason
D.
23 24 25 26 27 28 -2DECLARATION OF JASO
O'Grady
'!"~-':
PowerPage
effect,
other