Ever since Steve Jobs addressed the adoring crowds at this year’s Apple Worldwide Developers Conference, the press, Apple fans - and most especially, Apple investors - have been concerned over the state of his health. The reasons are obvious: Five years ago, Jobs announced that he had been diagnosed, and cured, of a rare and happily less pernicious form of pancreatic cancer (the more common variety is almost never discovered before it has become incurable). And, when Jobs took the stage this June, he was far thinner and more haggard than he had ever been seen to be before.

Since then, although rumors have swirled, Apple has refused to state whether or not Jobs has had a recurrence of his cancer - or disclose any meaningful details at all. Even on calls with securities analysts, Apple’s response has only been that “Steve’s health is a private matter.”

Thus you might think that if you were a journalist, and you got a call from Steve Jobs yourself, giving you, and you only, the private scoop on the status of his health, you might feel like a pretty lucky guy, and take that news to the public within whatever constraints you had agreed to with the Apple CEO. Or would you write a different story entirely, and bury that news in the penultimate paragraph of a long story, and write at length instead about how stockholders were entitled to know the news that you had just buried?

With that lead in, you can guess which way New York Times business page columnist Joe Nocera called the coin toss. So here’s the good news about Steve Jobs (up front), and the bad news about a Journalistic decision.

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  • Andy Updegrove

    Andy Updegrove

    Andy Updegrove is a partner and founder of Gesmer Updegrove LLP, a Boston-based technology law firm, and has represented and helped structure more than 80 worldwide standard setting, open source, promotional and advocacy consortia over the past 20 years. He has also represented hundreds of both emerging as well as established technology companies, and is the founder and editor of both the popular website http://www.consortiuminfo.org and the widely-read Standards Blog

  • Karen Copenhaver

    Karen Copenhaver

    Karen Copenhaver is a partner in Choate, Hall & Stewart LLP ‘s Business & Technology practice focusing on technology transfer and licensing of intellectual property with a specific emphasis on open source business models. Most recently, Copenhaver was executive vice president and general counsel at Black Duck Software, Inc.