That's NOT what the judge said...

Nina Yablok is a lawyer/blogger (and wife of blogger Ed Driscol) and has a good post on the Apple trade secrets case, which I think is generating a lot of misinformed comment. In response to Jeff Jarvis's contention that the judge had ruled that bloggers are not journalists, she writes:

No, that is NOT AT ALL what Judge Kleinberg said.

In fact, he said quite the opposite. He specifically (and clearly to anyone who bothered to read the decision) did not decide whether Bloggers are Journalists! First, in his introduction, Judge Kleinberg states:

The order of this Court does not go beyond the questions necessary to determine this motion... and it cannot and should not be read or interpreted more broadly."

And later, the Judge clearly states it is not necessary to decide whether the bloggers (Movants in the decision) are journalists. He says:

Defining what is a "journalist" has become more complicated as the variet of media has expanded. But even if the movants are journalists, this is not equivalent of a free pass. The Journalist's priviledge is not absolute."

Judge Kleinberg proceeds to make his ruling without deciding the "are bloggers journalists" issue because it is not relevant to the narrow question he was asked to decide....(there's more)

I don't think the rumor-site Think Secret should even be called a blog. I don't think there is any legal definition of what constitutes a blog. But, if you called an expert witness to the stand--such as ME--I would testify that I've been blogging since 2001, and occasionally reading Think Secret for at least that long, and I NEVER ONCE thought to call it a blog, or put it in my folder of Apple-related weblogs.

She also has a good post on those ads urging you to form a Nevada Corporation. Not a good idea.

Update: More from John Gruber.