3Insider has published “daily or near-daily technology news” at the same web addresssince 1998 at an average rate of seven to 15 articles per week. In July 2004, it received438,000 unique visitors.Over a period of several days in November 2004, PowerPage and Apple Insiderpublished several articles concerning a rumored new Apple product known as Asteroid orQ97. The first article appeared on PowerPage on November 19, 2004, with O’Grady’sbyline. It stated that PowerPage had “got[ten] it’s [
] hands on this juicy little nuggetabout a new FireWire breakout box for GarageBand that Apple plans to announce atMacWorld Expo SF 2005 in January.”
The article described a device that permitted theuser of an Apple computer to record analog audio sources, such as microphones orguitars, using an existing Apple application known as GarageBand, the primary functionof which is to facilitate the production of digital audio recordings.
The article included adrawing of a smallish box with a few input/output connectors. Next to the drawing was alist of further details: “FW [i.e., FireWire] based audio input device,” “[t]wo inputs, twooutputs,” “powered from FireWire,” “[s]oftware driven input gain control,” and “[l]imitercircuit to automatically prevent ‘clipping.’ ”On the following Monday, November 22, 2004, PowerPage published an articleentitled “Apple’s Asteroid Breakout Box Part II: Product Details,” also with O’Grady’sbyline. It gave additional product details plus a “[t]arget price,” “[t]arget intro date,” and
As with many of the concepts in this opinion, the most authoritative and currentsources of information may themselves be found on the web. Thus FireWire is describedby a well-known cooperative encyclopedia as a type of serial bus interface used toconnect external devices to a computer. (Wikipedia, The Free Encyclopedia<http://en.wikipedia.org/wiki/Firewire> (as of May 23, 2006).) A “breakout box” is adevice “in which a compound electrical connector is separated or ‘broken out’ into itscomponent connectors.” (
. at <http://en.wikipedia.org/ wiki/Breakout_box> (as of May 23, 2006).)
See Wikipedia, The Free Encyclopedia <http://en.wikipedia.org/wiki/ GarageBand> (as of May 23, 2006).