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Legality of Gizmodo's Next-Generation iPhone Acquisition Examined
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Another thing about that iPhone being 'authentic' that bugs me is this?
How did it make it out of the Apple Lab? Supposedly they keep the new stuff locked down and under very tight security. Just a little suspicious.
How did it make it out of the Apple Lab? Supposedly they keep the new stuff locked down and under very tight security. Just a little suspicious.
It's reasonable to believe that they weren't 100% sure it was actually an Apple device until they took it apart and saw all the Apple labels on the parts. Otherwise, anyone could think a Chinese knockoff is an Apple prototype and be "obligated" to give it to them.
I hope Apple sues Gawker to death. I never really liked Gizmodo or Gawker's other blogs, this just further cements my dislike.
Who the hell pays $5000 for what could be a Chinese knock-off, anyway?
Who the hell pays $5000 for what could be a Chinese knock-off, anyway?
No the bar owner said he never said a word to him, realize what ur saying.
Also, when the guy realized it was missing why didnt he try to call it? That is the first thing anyone does who looses their phone....
They frequently test new devices on the open network before release. This has been well documented in the past on this site and others.
Wait'll they find out that Gizmodo drugged him on purpose.
(at the meeting the next day...)
Steve Jobs: There's something different about you today, Mr. Powell.
Gray Powell: Yeah, I *was* having a good day.
Steve Jobs: [gets up] No, it's something else...
Gray Powell: [gasps] What are you doing?
[Jobs lifts his hand, and Powell lifts into the air]
Steve Jobs: You lost your iPhone, now lose your iLife!
[He clenches his fist and Powell collapses to the floor, unmoving]
Steve Jobs: You failed me for the last time.
(at the meeting the next day...)
Steve Jobs: There's something different about you today, Mr. Powell.
Gray Powell: Yeah, I *was* having a good day.
Steve Jobs: [gets up] No, it's something else...
Gray Powell: [gasps] What are you doing?
[Jobs lifts his hand, and Powell lifts into the air]
Steve Jobs: You lost your iPhone, now lose your iLife!
[He clenches his fist and Powell collapses to the floor, unmoving]
Steve Jobs: You failed me for the last time.
I lost a jacket at a bar once. When they checked the lost and found the next day, it wasn't there. They offered any of the other lost and found items as a replacement though.... didn't give me much confidence to say the least...
You can't tell a prototype from a knockoff without taking it apart. And as soon as they took it apart, they released what they found, requested a formal letter from Apple and returned it.
And please don't equate blogs with journalism. That's just a silly notion right there.
The person who found it acted pretty dumb and is the one most likely to catch it.
The sensible thing to do when they realised it was a prototype would have been to contact Apple and keep pushing them until they realised what he had. Then prior to handing it over, commenting that you really wanted a new Mac Pro but couldn't afford it and asking if there was anything they could do to help.
Or taking loads of pictures of it prior to returning it, then selling them instead.
As it is, making a half hearted attempt to return it and then selling it as a prototype to someone for $5k is pretty stupid and opens them up for big problems.
The sensible thing to do when they realised it was a prototype would have been to contact Apple and keep pushing them until they realised what he had. Then prior to handing it over, commenting that you really wanted a new Mac Pro but couldn't afford it and asking if there was anything they could do to help.
Or taking loads of pictures of it prior to returning it, then selling them instead.
As it is, making a half hearted attempt to return it and then selling it as a prototype to someone for $5k is pretty stupid and opens them up for big problems.
Whose article? There are hundreds out there, and not all of them agree. The one that I read was on the Gizmodo site, not a DailyFinance article. The one I read said that he asked around. The bartender mentioned above said that he didn't ask anyone that worked at the bar. I don't know if I would ask anyone that worked there if they were sitting on a bar stool drinking and lost the phone.
I may ask if anyone had told them that they had lost a phone.
Bottom line, everyone can be taken to court, and they still won't agree. You have to take it with a grain of salt.
Let's not forget Engadget
... they published the photos first... violating trade secret laws.... remember Think Secret?
... they published the photos first... violating trade secret laws.... remember Think Secret?
The guy who left it in the bar
I wonder if Apple not firing him is part of a legal strategy in a possible civil case against Gizmodo/stealer. The Apple engineer misplaced it, he called the bar several times to try and get it back, but it's been stolen; so, Apple can ask, "why would we fire a valued engineer whose device has been stolen from him after he misplaced/mislaid it and immediately attempted to retrieve it?"
I bet Gizmodo gets sued and I suspect the seller gets prosecuted.
I wonder if Apple not firing him is part of a legal strategy in a possible civil case against Gizmodo/stealer. The Apple engineer misplaced it, he called the bar several times to try and get it back, but it's been stolen; so, Apple can ask, "why would we fire a valued engineer whose device has been stolen from him after he misplaced/mislaid it and immediately attempted to retrieve it?"
I bet Gizmodo gets sued and I suspect the seller gets prosecuted.
Anyone who pays $5000 for a cell phone obviously believes there's something special about it. They knew it was the real deal, or heavily suspected it, and they knowingly took steps to acquire it.
I would hate to think that's true. When I lost my cell phone, years ago, the person who found it went through the contacts and left a message with one of my friends. I never did arrange to meet up with them to pick it up, but at least they tried. I would certainly do the same if I ever found someone's phone or wallet.
I have found gift cards on the floor at shopping malls, and turned them in to store employees.
I would hate to think that's true. When I lost my cell phone, years ago, the person who found it went through the contacts and left a message with one of my friends. I never did arrange to meet up with them to pick it up, but at least they tried. I would certainly do the same if I ever found someone's phone or wallet.
I have found gift cards on the floor at shopping malls, and turned them in to store employees.
why does the owner of the bar have any right to the phone?
if i'm in a Walmart parking lot and find 20 bucks sitting on the ground, am I supposed to give it to someone at Walmart to "give back to the owner"?
I thought Apple's primary concern security and secrecy...why let your NEXT BIG THING out of the building at all?
If you leave your phone somewhere, and you don't come back to get it, and someone finds it, then if you are lucky, they look through your phone book and call "mom" or whomever looks like the most important/most called person on the phone, and then you arrange to meet the person somewhere and get your phone back.
If you are unlucky, someone finds your phone, pulls out the sim card and sells it on ebay.
The guy who found the phone probably didn't even get a chance to call "mom" because Apple remote-bombed the phone. Can't they push a message to the phone instead? wasn't that one of the new MobileMe features they were touting a couple years ago? Send the guy a message like "Hey, you seem to have found something that isn't yours. Please drive to 1 Infinite Loop to trade the thing you found for a $200 reward. Do not pass Go, or you will not collect $200."
But no, Apple went with remote-wipe.
I wouldn't be surprised if the whole event was planned.
if i'm in a Walmart parking lot and find 20 bucks sitting on the ground, am I supposed to give it to someone at Walmart to "give back to the owner"?
I thought Apple's primary concern security and secrecy...why let your NEXT BIG THING out of the building at all?
If you leave your phone somewhere, and you don't come back to get it, and someone finds it, then if you are lucky, they look through your phone book and call "mom" or whomever looks like the most important/most called person on the phone, and then you arrange to meet the person somewhere and get your phone back.
If you are unlucky, someone finds your phone, pulls out the sim card and sells it on ebay.
The guy who found the phone probably didn't even get a chance to call "mom" because Apple remote-bombed the phone. Can't they push a message to the phone instead? wasn't that one of the new MobileMe features they were touting a couple years ago? Send the guy a message like "Hey, you seem to have found something that isn't yours. Please drive to 1 Infinite Loop to trade the thing you found for a $200 reward. Do not pass Go, or you will not collect $200."
But no, Apple went with remote-wipe.
I wouldn't be surprised if the whole event was planned.
That's what I was thinking!
But seriously, they should have known it was hot property...
Here's the thing, though: Why would Apple sue someone over all this free publicity? I mean, really, all they are getting out of this is positive media coverage. Not only is everyone talking about it, but they are also in Apple's corner. They should just let it go, and be thankful for the free advertising.
How does a phone fall out of your pocket on to a bar stool anyway? Maybe Apple will incorporate a belt chain in the new prototype cases!
The guy removed it from the bar, that's where the theft comes in. A normal person would have left it with the bartender...
Obviously the guy would return to the bar! That would be like you finding a Macbook at Starbucks, then asking around for an hour. Nobody knows who lost it, so you keep it! Then, sell it on Ebay? Haha
When the first step should have been to take it to the counter!
I also hope that this ends up in court.
I would like to know that should I ever drop my wallet in a bar that if some douchebag found it my credit card information wouldn't be posted throughout the internet and if it were that there would be some form of legal recourse.
But aside from the interesting legal issues that this situation has raised I was really dismayed by Gizmodo's followup posts. It seemed like they were returning to the scene of the crime and lamely making excuses, excuses that were obviously full of holes, in order to cover what they probably realized was their wrongdoing.
It seemed childish, amateurish, and had no class whatsoever. As much as I enjoy viewing Gizmodo I'm sufficiently disgusted with their BS that I may avoid the site altogether.
I would like to know that should I ever drop my wallet in a bar that if some douchebag found it my credit card information wouldn't be posted throughout the internet and if it were that there would be some form of legal recourse.
But aside from the interesting legal issues that this situation has raised I was really dismayed by Gizmodo's followup posts. It seemed like they were returning to the scene of the crime and lamely making excuses, excuses that were obviously full of holes, in order to cover what they probably realized was their wrongdoing.
It seemed childish, amateurish, and had no class whatsoever. As much as I enjoy viewing Gizmodo I'm sufficiently disgusted with their BS that I may avoid the site altogether.