I am shocked that so many people are defending Kotaku's actions as "good journalism." Their behavior is a textbook example of bad journalism, and it's the kind of thing you'd read about in an ethics class.
Even if Kotaku didn't break any NDAs or agreements with companies, it's a safe bet that they published information from individuals who did. If the people who are providing Kotaku with information are acting in bad faith or behaving in an unethical manner, then it's
absolutely appropriate to blacklist them.
It's unethical (
and not especially legal) to induce someone to reveal trade secrets they are legally obligated not to reveal. Moreover, if you obtain information and you have reason to believe that the person providing you with the information was not supposed to reveal it, it is considered a misappropriation under UTSA § 1.2.
In 2005, a judge ruled in favor of Apple in a case involving information that was leaked. The judge rightfully deemed that the "journalism" defense was largely irrelevant and explained:
"Unlike the whistleblower who discloses a health, safety, or welfare hazard affecting all, or the government employee who reveals mismanagement or worse by public officials, the movants [defendants] are doing nothing more than feeding the public's desire for information."
Kotaku is on the wrong side of things here.