Apple Demands Prototype iPhone Back

[n9n3]

Because it wasn't "stolen". Of course Apple would say it was, especially if they plan on setting up any future litigation. However proving that it was stolen would be on Apple, and if the guy who found it can prove that he attempted to call Apple (which would be easy with phone records and his customer service ticket) their case is weak as hell.

In either case, the fact that he knew it was Apple property, and then procededed to sell the stolen/lost hardware in exhange for money violates a state law, at minimum. I think whether there is further litigation really depends on whether or not Apple decides it's worth it.

To say that he can clear himself by saying/proving he called Apple is like saying that if you leave your car unlocked in a bad neighborhood and before someone steals it, they try calling you first to tell you you left your car unlocked. Then, when the call goes to your voicemail, they proceed to sell your car to someone else. As far as I know, that doesn't make it ok.

 

[sterlingindigo]

oh cr@p...

 

[Anuba]

I love how people reverse engineer the universe the way they want it to be.

Yup. I've been in charge of beta testing a couple of times, and it never ceases to amaze me how many testers have trouble comprehending the phrase "a beta is by definition feature complete". They still keep suggesting major overhauls that would take months. And that's software. Software *can* be tweaked at the last minute, and/or fixed after release, but this is hardware. It needs to be evaluated by phone networks, FCC and all its equivalents around the world. It needs to be field tested for function and durability. No hardware can go straight from a sealed vault to the end users, not when there's a billion hypothetical class-action lawsuits itching to pounce on the manufacturer. If you want actual iPhone 4G prototypes, get in the DeLorean and set the flux capacitor on 2008 or thereabouts.

 

[DakotaGuy]

I think Apple wanted this to get leaked. I know what your all thinking... I'm crazy and Apple would never do something like that, but the mobile phone industry is much different then the PC industry. Right now it seems that Android is stealing all of the press and excitement with many new devices being launched. This leak puts the spotlight back on Apple and will cause some customers to wait until the new iPhone is launched instead of signing contracts for other phones.

If Apple did not want the leak they would have had pictures removed immediately. Also this letter seems like a weak attempt to ask for the phone back. It took them a long time to even decide they want the phone back. Basically when they heard that the phone was going to be disassembled then they started to get nervous. My guess is the disassembly was never part of their leak plan. This is not like the old Apple who would have shown up at door demanding the phone back the second they knew it was missing.

 

[trrosen]

The Facts

The Facts

The phone was stolen - if you pick up something off a barstool in a bar and put it in your pocket and take it home its theft.

CA law requires lost items over $100 in value to be turned in to the police with a 90 day waiting period.

The thief knew who had left the phone and told Gizmodo.

Gizmodo knowingly purchased stolen property.

The thief is criminally liable and can be sued by Apple, Mr Powell and the bar (he technically stole the phone from the bar). As can Gizmodo.

Gizmodo spent some time with there lawyers but not enough. Why haven't they shown more? Because they would be liable for exposure of trade secrets if they showed anything that wasn't leaked earlier. What they showed so far was only what was in leaked photos earlier. Mostly! Getting close ups of some of the parts could put them in very hot and expensive water.

This is not an purposeful Apple leak. Apple does leak information but has always done so surgically. Leaving a iPhone in a bar for a random person to find just wouldn't be done.

Wiping the phone does not make it abandoned property and the thief took it before it was wiped.

The phone can't be tracked once its wiped and since it had OS 4.0 on it the software was far more sensitive to Apple then the hardware wiping it as soon as possible was the best alternative.

The phone IS NOT A PRE PRODUCTION UNIT. The design is at least 4 months old. A similar or the same device can be seen in the iPad spy shots from before the iPad announcement. This would be way before finalization of the design for the 4G. It is a prototype at best.

Gizmodo is one of the scummiest tech sites on the net and they just committed suicide. No reputable journalist will get near them now and no company will trust them. That is if they manage to avoid jail time.

As for the letter. Always be nice until they give you your stuff back. Then beat the **** out of them.

 

[br0adband]

Personally, if the idiot lost the phone, left it behind because he was just not paying attention, and nobody stole it directly off his body or person and he never ever came back for it...

Gizmodo should tell Apple to kiss their collective keisters and keep the phone. Put it up on fleaBay and make something from it.

This is just going way too far, based on the information I've come across (basically the same as everyone else). I firmly believe that person would have been terminated with extreme haste if all of this was truly a legit "Oh crap, I got drunk and lost the prototype in a bar" situation.

If some actual legal wrongdoing (or should that be illegal wrongdoing... bleh) took place, then fine, Gizmodo should return the phone.

But come on, if the idiot lost it because he was drunk, screw that - it's fair game and I say they should keep it, period.

Just my $.02...

 

[Carniphage]

Not saying you're wrong, just saying it still doesn't mean anything until launch day, so nothing is set in stone

This is true. Nothing's final until the thin guy sings.

But Apple would be crazy-dumb to be iterating the case design in the few weeks before release. The manufacturing process should be starting.

It would be as dumb as shooting a movie, editing it, doing the visual effects and then re-casting the leading actor just 8 weeks before the release date.

Sensible companies do not work this way.

C.

 

[baryon]

First thing that struck me about the letter from Apple was that the corporate id was about 5 years out of date. Apple haven't used compressed Garamond on anything for years, let alone that embossed style logo. It's all about the solid apple logo and Myriad now.

Surely a company with Apples' cash can afford to update stationery. Just a thought....

I think they still use that oldschool style on the AppleCare boxes, but also on the Cupertino Infinity Loop Campus sign!

 

[shiseiryu1]

The most exciting thing about this is...

The most exciting thing about this find is what it means for telephone users everywhere. If there is a front-facing camera on the iPhone 4 I think it means that AT&T is going to enable video calls on their network. This is going to kill the competition because with all of the "fancy hardware/software" of the Microsoft and Android phones, they're still just iPhone wannabees with no real killer or distinctive features. If Apple and AT&T team up to do video calling on a phone as popular as the iPhone it will make the iPhone distinctive once again and also give AT&T something to show that their service is distinctive. Overnight you'll see all the competition rush to enable video calls on their phones...yet again playing the "catch up" game. Just like how Apple ushered in the era of "touch phones" they will force everyone into the era of "video chat" phones.

Does anyone disagree with me? Seems to me that if the front-facing camera was just to take snapshots that Apple would have put it in a long time ago. In fact, they would have put it in the iPad. The reason to wait until now for the front-facing camera is definitely for video calls. Also, it makes sense why AT&T has been so stingy with the bandwidth on their network...because they don't want people getting used to Skype for video calls (on their phone)...they want people to be able to dial anyones iPhone number to initiate a video call. Also after AT&T has had years to invest a couple more billions into their infrastructure they're more ready to handle video chats compared to when the iPhone was first launched.

If I'm wrong then I'll be surprised and AT&T will have lost a great opportunity to be distinctive and take advantage of a golden market opportunity. Also Apple will be missing a great opportunity to take the lead and leave the competition flat-footed yet again.

Cheers.

 

[sportguy0913]

This is true. Nothing's final until the thin guy sings.

But Apple would be crazy-dumb to be iterating the case design in the few weeks before release. The manufacturing process should be starting.

It would be as dumb as shooting a movie, editing it, doing the visual effects and then re-casting the leading actor just 8 weeks before the release date.

Sensible companies do not work this way.

C.

I see, I see. It'll be interesting to see Steve's response, if he makes one, to all of this.... I'll definitely be with my phone waiting for the SMS updates to come during the SteveNote. =)

 

[marcfogel]

After all the information I have read, I have come to the following conclusions:-

1. This "accidentally left behind" iPhone in a jacket to disguise in a iPhone 3G / 3GS, seems too convenient for my liking. If you had a iPhone on you would would take many precautions to ensure it was not left behind, and the guy did not even return to claim it, even when people waited for him to.

2. This cafe just happens to be in relative proximity to Apple's Head Office. Makes it very easy to ensure a new iPhone was "accidentally left behind". Digital Bait

3. This "leak" appears days before Android and other OS annoucements and after Windows Phone 7 - very convenient indeed. Also, its been months since we have heard anything about the upcoming iPhone. The first hint was that leaked iPhone frame which was taller and the digitiser and screen were all in one unit (MacRumors). After this we heard nothing until this new iPhone pic spread like a viral marketing exercise.

In summary, all of this seems to have occurred like a well oiled machine. Someone "forgets" a brand new iPhone, doesnt even return to pick it up, its then sold for US $5,000 and then its plastered on the web like a viral exercise on steroids. All this free advertising / PR for Apple and it didnt cost them a cent, what a bargain. Oddly enough, Apple then ask for it to be returned, no demands and not a thanks either.

I firmly believe this leak was initiated by Apple to stop mobile owners upgrading to Android based / Windows based mobile phones. Whats a better way to stop people straying from the Apple iPhone, than to leak new iPhone info? Its simple and it works.

I don't know, I bet your average person isn't even aware of this. If they were, this could cut into current iPhone sales.

Since when does Apple need to do something like this to generate buzz. They could have accomplished the same thing without revealing the device.

 

[jb1280]

Personally, if the idiot lost the phone, left it behind because he was just not paying attention, and nobody stole it directly off his body or person and he never ever came back for it...

Gizmodo should tell Apple to kiss their collective keisters and keep the phone. Put it up on fleaBay and make something from it.

This is just going way too far, based on the information I've come across (basically the same as everyone else). I firmly believe that person would have been terminated with extreme haste if all of this was truly a legit "Oh crap, I got drunk and lost the prototype in a bar" situation.

If some actual legal wrongdoing (or should that be illegal wrongdoing... bleh) took place, then fine, Gizmodo should return the phone.

But come on, if the idiot lost it because he was drunk, screw that - it's fair game and I say they should keep it, period.

Just my $.02...

The problem with your argument is that there are very specific things that "finders" are legally obligated to do once they come into possession of property that is not their own.

This is not something debatable.

If someone finds a lost iPhone in a bar and can't find the owner and proceeds to keep it, there is a chance nothing will come of it. There are millions of iPhones out there. If that person sells the lost iPhone, the person is braking the law. This might be difficult to enforce, again, due to the millions of iPhones out there.

If someone finds a lost prerelease iPhone and then gives it to a company that proudly practices "checkbook journalism", then this becomes more easily enforced.

 

[sportguy0913]

If Apple and AT&T team up to do video calling on a phone as popular as the iPhone it will make the iPhone distinctive once again and also give AT&T something to show that their service is distinctive.

Cheers.

All it will show is how crappy their network still is... just think about it: if all of the iPhone users update to this device, and then you add tons more who might come to AT&T if iPhone is still exclusive, then think about how slow the network will be if everyone is trying to do video calling? Isn't already super slow now? Sure,they are "working" on it, but they updated it so it works well now with regular calling.... but video calling? Yah right....

 

[merlintl]

Good Morning America had a little segment on the prototype. Gizmodo let them play with it before they had to return it.....

Feel for the poor guy. He's probably in a dungeon in Cupertino campus being tortured....

For you SG-1 fans, you remember the episode where Baal kept torturing O'Neill to death and then bring him back to life so he could be tortured all over again. Right now Steve is at the torture controls; lol....

 

[DakotaGuy]

I just heard on Good Morning America about the new iPhone being found. They are asking if it was a mistake or a marketing ploy. This is starting to smell like a marketing ploy to me. In this past something like this would have never happened and the Apple employee who lost it would have lost his job right away.

I think however it was a marketing ploy that went wrong. I don't think they expected a third party to buy the phone and try tearing it apart.

 

[SteveSparks]

From a legal standpoint I don't think they knew it was stolen or someone elses property other than who they purchased it from until Apple sent the letter.

I think it would be very difficult for Apple to prove.

From a legal stand point, all they need is enough information to get in front of a Judge or a Jury. Then from a human standpoint they need enough information to

1. If criminial have 12 people beleive that someone did wrong
2. if civial have a majority beleive there is a reason to award damages

 

[Gazerbeam]

I can't help but to think of that scene from the movie "Bank Job", when the guy asks, "Where's my stuff?"

 

[pdjudd]

Just my $.02...

Your 2 cents contradicts all of the California state laws regarding lost property.

 

[PinkyMacGodess]

What I'm thinking is since Apple wants the phone back that means it's the real iPhone 4G, if it was just another mock up than Apple wouldn't care, but I guess it is the real deal.

It's could be part of a ruse... They WANT you to think it's the 'next greatest thing from Apple' and that they will threaten anyone to get it back. It adds to the drama... It adds to the sensationalism and builds the fervor over the 'next greatest thing that you have to have'...

Prototypes are just that, and it *could* be that the SOFTWARE and not the hardware is the prototype... I'd be interested in a tear down to see what's behind the curtain. That would be the only way to see if this is a plant, or a real hardware prototype.

It would be simple for Apple to design and one off a 'phone' that booted an operating system, and then was capable of either remotely, or through a timer built-in, 'brick' itself. It's genius marketing... They have the suspense, they have the drama, they have the cleverly placed ruse, they have the dramatic 'demand' for the return of what could be just a box with a timed self-destruct... They have the geek/nerd media fanning the flames... They will have the world panting with desire when the announcement does come, and don't be surprised if the exterior looks nothing like this 'unit'...

I'm not saying that I'm pissed. I'm liking this. It's guerrilla marketing, perhaps being taken to a new level... It won't cost Apple 'millions', it will have an effect on Apple's competition though... After all, who is going to want to settle for just an ordinary 'BlackBerry' when this new wonder is going to be released in a few months...

The fact that it departs from Apple's historic designs doesn't seem to bother anyone. Separate volume buttons? Why didn't they do that with the 3Gs? The iPad? Hmm...

 

[klyph]

Not necessarily. I think there have been eBay auctions of Apple prototype hardware that they have had pulled. Actually, now that I think about it, they have those pulled because it's illegal to sell someone elses property-Kind of like how it was illegal for Gizmodo/Gawker to pay for the stolen/lost iPhone.

The difference is the eBay Apple prototypes are marketed as such: PROTOTYPE APPLE iPHONE. That means the seller is admitting that they know that this is stolen property. Only if Gizmodo tried to sell the phone NOW would it be the same as the eBay situtation.

 

[WvB22]

On a bright side, Apple now has loads and loads of feedback on this design. Maybe they did release it on purpose

Schiller: Steve? You there buddy?
Jobs: Yeah what's up?
Schiller: The eagle has landed.
Jobs: And?
Schiller: Well, we get some mixed reactions. Not exactly what we were hoping for. Flash was well received though.
Jobs: WHAT?!?!
Schiller: The.. the.. the.. cam-cam-camera flash?
Jobs: Oh right... Sorry for that. Ok, call Gary again... Say what?
Schiller: Gray.
Jobs: Gray, Gary whatever. He's going out. Sent him to the local wine tasting farm.
Schiller: We're running out of prototypes.
Jobs: What about that round thingie with that cute keypad we showed Ballmer last month? They are nagging for keypads forever now.
Schiller: Uhm right... Never mind, I'll look in the basement. Pretty sure we have some scrapes there.
Jobs: Right, keep me updated.
Schiller: Will do, bye.

 

[sportguy0913]

Your 2 cents contradicts all of the California state laws regarding lost property.

Seriously? Who can honestly say they "know" what the laws are? Politics stink. End of story. Just give the phone back, it's obviously Apple's. Duh.

 

[trrosen]

Personally, if the idiot lost the phone, left it behind because he was just not paying attention, and nobody stole it directly off his body or person and he never ever came back for it...

Gizmodo should tell Apple to kiss their collective keisters and keep the phone. Put it up on fleaBay and make something from it.

This is just going way too far, based on the information I've come across (basically the same as everyone else). I firmly believe that person would have been terminated with extreme haste if all of this was truly a legit "Oh crap, I got drunk and lost the prototype in a bar" situation.

If some actual legal wrongdoing (or should that be illegal wrongdoing... bleh) took place, then fine, Gizmodo should return the phone.

But come on, if the idiot lost it because he was drunk, screw that - it's fair game and I say they should keep it, period.

Just my $.02...

by legal definition the phone was misplaced not lost. Lost or misplaced the phone is not property of the finder without proper process (only aplies to lost items the finder can make no claim to a misplaced item). The sale of item you don't own and the purchase of item you know to not be legally owned by the seller are both crimes.

Why wasn't he fired. Duh if they fire him they can't stop him from saying why he was fired.

Your $.02 is vastly over priced.

 

[kernkraft]

This is true. Nothing's final until the thin guy sings.

Sensible companies do not work this way.

C.

By the singing thin guy, do you mean the skinny guy in the white running shoes? I didn't know that he sings, but he must jog a lot... Wait! I think he also wears black turtlenecks... and jeans. Oh, it's not jogging then. Where is he usually coming from to these keynotes? Walmart?

 

[pdjudd]

This is starting to smell like a marketing ploy to me.

According to several people like John Grueber and Andy Inatko (both who are very familiar with Apple's techniques regarding leaks - Andy has also received pre released hardware before announcement) state that this is not how Apple does things - when they want to leak something they do it very covertly to places like the Washington Post. They don't just lose things for people to find - that is something that nobody does.