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