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Apple Demands Prototype iPhone Back

Holy mother of Godfrey!

I left the thread for two seconds and now I have like 15 more messages to read.

Hold on peeps! Macrumors is becoming the War and Peace of the internets..s.
 
If the leaker is still working at Apple, I am pretty sure that the whole thing is staged to get publicity:rolleyes:
 
coleridge78 said:
Absolutely true on the first part, but it's a defense that would stretch credulity. I disagree on the second part. If they purchased it and *directly* remanded it to Apple, it would be a defense; purchasing it and then disassembling it and using it to drive hits to their website, depriving Apple of the use of its property during that time, is something else.
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I do agree that it would stretch credulity. I think though ultimately Gizmodo wouldn't be held liable (especially if they stated who the seller was, in order to offer assistance, although I doubt they'd do that).

With regards to the second part, it does generally seem unlikely that they could make such a defense given that they took it apart. On the other hand, I could see them making an argument along the lines of: "We doubted whether the seller was being truthful with regards to how he obtained it, and given this doubt, we were required to examine the device internally in order to determine whether it was an authentic Apple device so that, if so, we could return it."

However, given that they ultimately published all of the photos of them disassembling the device, and going to great lengths to take advantage of said reports, yeah, it's unlikely they could use that defense.


Yeah. Your account here sounds about right, and if I'm guessing your implication correctly, I agree with it. As long as there was just some schmo with a disabled unit Apple was content for it to be quiet. That does not, however, give up their claim to their property as a general rule. It's a factor that would be considered, but it's not a get out of jail free card and it's mostly orthogonal to the question of the next action, which was Gizmodo buying (what they hoped was) stolen goods.
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I agree. What ultimately somewhat sinks Gizmodo's defense in this regard is that they purchased it under the belief that it may be an Apple prototype device. I looked up the California Receiving Stolen Property penal code (496 PC), and it does state that you cannot be charged if you purchased or obtained the illegal property with the intent of returning it to the rightful owner or the police.

However, it also states that the above condition is void if you only decided to return it or take it the police after having already bought or obtained it.

I could see it going either way for Gizmodo.
 
Is it just me, or is it curious that the letter reads basically as Apple just politely asking for their device back?

If it is their device (which I don't doubt) don't you think they would've/could've worded the letter stronger? Threat of legal action or something? I mean it is their property and Giz/Gawker technically bought it illegally.

Just seems a tiny bit strange, no?
 
greenythebeast said:
Also, I'd like to point out California Penal Code Section 485:

Code: 
One who finds lost property under circumstances which give him
knowledge of or means of inquiry as to the true owner, and who
appropriates such property to his own use, or to the use of another
person not entitled thereto, without first making reasonable and just
efforts to find the owner and to restore the property to him, is
guilty of theft.
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If I were the guy who found/stole/sold it, I'd be pretty worried and looking for a very good lawyer. IMO that guy deserves to be sued BIG TIME: not only because he stole the phone by not returning it or leaving it to the bar and its lost and found... but he also took it to make a petty personal gain from it by selling it: that's the real shock here.

I don't defend Apple per se (*), but anyone that holds some kind of intellectual property. Such BS behavior - not only keeping the phone (or laptop, briefcase, etc, for that matter), but selling it to the media or to a competitor - shouldn't be tolerated, and considered industrial espionage. About Gizmodo, I agree they acted without a shred of dignity... but that's media, and that's their business.

(*) There's always the chance this was a "planned, controlled, premeditated leak" for marketing purposes.

So, if it was indeed stolen, come on Apple: sue that s.o.b.!!! if not for you, for everyone else in the creative field.
 
jb007clone said:
Is it just me, or is it curious that the letter reads basically as Apple just politely asking for their device back?

If it is their device (which I don't doubt) don't you think they would've/could've worded the letter stronger? Threat of legal action or something? I mean it is their property and Giz/Gawker technically bought it illegally.

Just seems a tiny bit strange, no?
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You don't generally make threats until you've asked politely. For some reasons that have to do with protecting yourself, some that have to do with giving more rope, and some that have to do with professional courtesy.
 
indychris said:
Oops. I think you're right. I was simply looking at the quote and response which seemed to suggest by the wording that *only* the gov't was guaranteed free speech. <embarrassed>
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That's what I did as well

coleridge78 said:
I really, really hope you don't give people legal advice. I own my car. Someone took my car and gave it to you. I don't have a right to demand it back?

Ridiculous.

Some people on here have different but interesting opinions, some are wrong but interested and willing to learn, many are smart people that I learn from... this post fits somewhere else.
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+1

coleridge78 said:
<snip> Gizmodo buying (what they hoped was) stolen goods.
Click to expand...

Gizmodo has a team of lawyers that have served them well in many cases (Gawker is constantly being sued or threatened to be sued). Don't you think they did their due-dillegence before running out and buying this phone? I'm guessing they know exactly where the line is and ran right up to it, looked over, and even took a piss. But I'm betting they covered their asses before doing so and I seriously doubt we'll see any legal action because Apple realizes it's a fight they'll probably loose or just waste a lot of time and money with little to gain.
 
moebius said:
Holy mother of Godfrey!

I left the thread for two seconds and now I have like 15 more messages to read.

Hold on peeps! Macrumors is becoming the War and Peace of the internets..s.
Click to expand...

Get with the project no time to pee on this Forum.

Can you imagine some Apple employee is reading this and :rolleyes:
 
The posts from people saying that Apple will switch designs now are hilarious. As if Apple can whip up a totally new design, have it manufactured & properly tested by WWDC. Because we know that if there is no new iPhone at WWDC, there's going to be a hell of an uproar.
 
diazj3 said:
If I were the guy who found/stole/sold it, I'd be pretty worried and looking for a very good lawyer. IMO that guy deserves to be sued BIG TIME: not only because he stole the phone by not returning it or leaving it to the bar and its lost and found... but he also took it to make a petty personal gain from it by selling it: that's the real shock here.

I don't defend Apple per se, but anyone that holds some kind of intellectual property. Such BS behavior - not only keeping the phone (or laptop, briefcase, etc, for that matter), but selling it to the media or to a competitor - shouldn't be tolerated, and considered industrial espionage. About Gizmodo, I agree they acted without a shred of dignity... but that's media, and that's their business.

So come on Apple: sue that s.o.b.!!! if not for you, for everyone else in the creative field.
Click to expand...

Look, Apple is going to make their Millions on this phone despite all this. Why do you guys care so much about the mega-corporation suing the guy in a bar and Gizmodo? Seriously? Get a grip. This isn't going to be the slightest blemish on Apple in any way. If anything it's more free publicity.
 
Bafflefish said:
Thus, why haven't we heard of Apple making an effort to locate the device?
Click to expand...
How do you think you would hear about that? A loud pinging sound? :) Maybe, there was one, but the thief or Gizmodo did not mention it.

If the phone is indoors, say Apple figures out which immediate neighborhood the phone is in. Great, now what?

Then, a user contacts them requesting information about a device he found, to which he is brushed off. Granted, as mentioned, he didn't go into an Apple store, but at what possible point of futility is it acceptable for him to stop?
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I cannot believe people still spout about this. If they can figure out his name, Facebook and LinkedIn pages, they can call him. Well, actually they managed to do just that, but only to taunt him some weeks after the theft. Apparently, it was futile only when they needed a justification to take over the phone, but afterwards all of a sudden it was not futile.

Hey man, I found your Honda on the side of the road. I know you are the owner and I could give you a call really, but instead I just called up Honda to see if they want the car back. Now, the customer service is brushing me off, so now I am selling it for $5,000. Afterall, this search for the real owner of this abandoned car is clearly futile.
 
What is the Matrix?

chembox said:
About a week after the 'lost iPhone incident', Steve Jobs and Eric Schmidt were having lunch on a March afternoon, and Jobs allegedly said:

"They're going to see it all eventually so who cares how they get it."

http://gizmodo.com/5503004/steve-jobs-and-eric-schmidt-spotted-together-again
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What's really interesting is why is he telling Schmidt???
At the time they were supposed to be 'falling out' with each other and in the midst of trying to mend bridges...
So if they both knew about it [the loss/theft of the 4G iPhone hand set] and it appears Steve was apparently giving Eric a lecture... then what's Eric got to do with the new iPhone hardware???
If this is the scenario...?
Questions. :cool:
 
Geckotek said:
Gizmodo has a team of lawyers that have served them well in many cases (Gawker is constantly being sued or threatened to be sued). Don't you think they did their due-dillegence before running out and buying this phone? I'm guessing they know exactly where the line is and ran right up to it, looked over, and even took a piss. But I'm betting they covered their asses before doing so and I seriously doubt we'll see any legal action because Apple realizes it's a fight they'll probably loose or just waste a lot of time and money with little to gain.
Click to expand...

On the other hand, everyone fails eventually, and we know that at least one other publication passed--on advice from their counsel.

I don't pretend to have any idea what Apple is or isn't going to do, but given that this is something that's coming out shortly anyway and no unexpected details came out, I wouldn't put money on Apple getting particularly hot under the collar about it. Personally, I'd like to see criminal charges in the original theft and the sale, because I think that people who steal anything other than food to feed their families need to sit somewhere for a while and think about what an ******* they are. ;P
 
jsnuff1 said:
Wow...I bow to Apple...well played..well played...

This has to be one of the best controlled leaks Apple has conducted....and anyone that seriously thinks a high profile Apple employee in possession of a prototype iPhone "forgot" it at a bar youd have to be totally blind.


This is Apple's marketing machine at full force...they are geniuses.
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after just looking at the powell pics, mmmm, +1k
 
For everyone who thinks that leaking the iPhoneHD was a horrible thing to do.

I want all of you to mentally delete these images. For all intensive purposes, there are only two models of iPhone that Apple sells at the moment, and from what we actually know(not from those gadget blog scum), there will only be these two phones. Apple doesn't need to update the fastest selling phone of the decade, with iPhone OS 4, you wont need new hardware.

For those who go to Apple stores asking for your 13 inch i3, or capacitive touch iMac, or even this obviously fake iPhone, you are doing a disservice to this amazing company. I know this is a rumor site and there is no harm in fantasizing about a 90 inch iMac, or a fancy diamond case, there is financial harm when you think and discuss product that could momentarily deter customers from a purchase.

On a side note; I had an interview at an Apple store where we discussed how even talking about unannounced or unverified product was counterintuitive to the culture that Apple tries to promote.

Really though, lighten up.
Its just an iPhoneHD. The guy isnt going to be hurting for work. Gizmodo did what it could do to best serve its audience, and Im pretty sure if the opportunity arose MacRumors would be engaged in the same practice.
;)
 
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