As a good deed toward Jack and Sylvia, I am filling in as a fake appellate court judge for some group of 1Ls in Grundy tomorrow, and the worthwhile part is that the issue in a vague sort of way makes me think of the Apple blogger case, about which here is the Bear Flag League brief.
Suppose - the bloggers paid somebody who went and stole Apple trade secrets, and because of the theft and disclosure on the blogs, Apple lost $1 million. If the blogger was merely negligent as to whether the thief would engage in his thievery, can the blogger be liable to Apple for causing the loss? That is sort of more like what is being mooted about in this case at ASL tomorrow, except also it is not about bloggers or Apple, as such.
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