00725-jade Supporting Dec

3

115107)

#

(SB

III FI

2nd

LLP

MOORE

Rd 94306

Mill

CA

Alto,

Page

ZISKO

E.

mOMAS Palo

'2

200

TOMLINSON

1

Telephone: (650) 325-8666 Facsimile No.: (650) 324-1808

454

10

Shotwell

CA 94110

(415)

Facsimile

FOUNDATION

Street

San Francisco, No.:

436-9333

(415)

436-9993

Attorneys for Non-Parties MONISH BHATIA, O'GRADY

D.

JASON

JADE,

KASPER

12

94104 FRONnER

B. OPSAHL (SB # 191303) S. BANKSTON (SB # 217026)

Telephone:

1

WIEBE

CA

KURT KEVIN

and

9

# 121156)

Telephone: (415) 433-3200 Facsimile No.: (415) 433-6382

ELECTRONIC

8

San

6

7

(SB

LAW OFFICES OF RICHARD R. WIEBE 425 California St #2025 Francisco,

5

R.

RICHARD

4

13

CALIFORNIA

OF

STATE

THE

OF

COURT

SUPERIOR

14

CLARA

SANTA

OF

COUNTY

THE

APPLE COMPUTER, INC.,

No.1-04-CV-O32178

OF

SUPPORT

IN

DECLARATION

ORDER

PROTECTIVE

FOR

MOTION

v.

JASON

19

OF

SUPPLEMENTAL

Plaintiff,

O'GRADY

18

D.

17

FOR

IN

16

AND

15

aI.,

et

1,

DOE

20 21 Defendants.

March

Time:

10:00 a.m. Department 14 Hon. James Kleinberg

Location: Judge:

22

4, 2005

Date:

27 28

Macintosh-compatible

software

and hardware.

news Apple

online

and

an Macintosh

Apple

about

("PowerPage"),

declare information

and

PowerPage"

Pennsylvania, news

with

"O'Grady's

Abington,

of operate readers

its

and

O'Grady, provides

that

magazine

26

I

25

own

D.

I,

24

Jason

23

I function as the publisher and one of nine editors

andreportersfor PowerPage.

DECLARAnON OF JASON D. O'GRADY

undermine

likely

would

case

this

sources.

reportage.

Approximately two-thirds

anonymous

and

in

or

gathering

sources

confidential

news from confidential

of

are

PowerPage's

to The

3.

4

PowerPage

to

integral

are submitted

tips

sources

such

news

3

of

2

reporters' rely heavily on confidential and anonymous sources, and

PowerPage's

2.

revelation

1

14 15

16

other

or

effect,

substantially

it

ripple

a

make

have

and

been

has PowerPage

to

PowerPage

to submissions

information anonymous

of and

flow

the confidential

of

Nfox,

provider

number

the

email

hasdroppedby approximatelyhalf sincethe lawsuit began. I declare under penalty of perjury under the laws of the California that the foregoing is true

and correct. Executedon this the

day of March 2005 in Abington, Pennsylvania.

17 18

21 22

23 24 25 26 27 28 -2DECLARATION OF JASO

'!"~-':

"'"..,,

,

~.. O'Grady

~ D.

Jason

By

19

20

Apple

If

future.

the

in sources undoubtedly

news would

future

This

potential PowerPage.

and for

current stories

news

PowerPage's

and

PowerPage

its

12

SinceApple's initiation of the current lawsuit and concurrentthreat of subpoenasto

slowed,

4.

significantly

11

13

gather

to

silencingsourceswho might otherwisecooperatewith the press.

and

10

can use third party recordsto discern the identity of PowerPage's confidential news

difficwt

9

sources

chilling effect on

confidential

8

from

sources,or can subpoenaPowerPagedirectly for such infonnation, it will have a substantial

information

7

elicit

companies

to

6

ability

PowerPage's

more

5