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Apple Demands Prototype iPhone Back

now 99% sure that the iphone was genuine...won't be surprised if apple filed legal charges against gizmodo

i wonder what steve jobs would be thinking right now...maybe he'll change the design again 😛
 
AbSoluTc said:
Don't know why Gizmodo wouldn't return it to it's rightful owner in the first place. Instead they wanted to be all "look what we have". Apple should sue the **** out of them for it too. This is a good example of it. Gizmodo should be held liable as well. That will teach them to this kind of **** again.
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They will return it, they already got great publicity, and even when they return it the publicity will still be there, holding on to it would accomplish nothing. Maybe piss off apple and have the Lawyers get medieval on Gizmo. :apple:
 
cybermat said:
It would be interesting to see how Steve Jobs will reveal the next generation iPhone in his keynote.
Click to expand...

"A few of you have seen this before, but this is the official unveiling. This is the 4th generation iPhone, ladies and gentleman."
*whips out pretty much this exact phone*

--or--

"A few of you think you have seen this before, but this is the official unveiling. This is the 4th generation iPhone, ladies and gentleman."
*whips out pretty much the same phone with different body*
 
oh no! next time I lose my belongings and I know who's picked them up I will write them a letter first! 🙄🙄🙄🙄🙄

gizmondo didn't steal the iphone, so you know... finders keepers...

oh when they picked up the iphone they should've taken the sim out straight away and possibly before apple disabled the iphone...

(so does this mean apple can disable ANY iphone in the world?)
 
greenythebeast said:
With the amount of traffic they got due to their writeup I'm sure they found the $5000 to be a good investment.
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Not to mention they sold their original write up to World + Dog.
Nearly everyhitng you can possibly google for turns up media sites with quoted text from Gizmodo. Some sites are simply hosting the article as a guest contributor even.

( This is another reason why I believe this whole thing was planned by Apple )
 
Geckotek said:
It's WAY too late in the game to change the phone now. IF that is a production model, it won't change between now and June 22nd. However, I still hold hope that it was a prototype that will get cleaned up a bit before release. But by now manufacturers are already tooling up production lines to prepare enough inventory for launch.
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No it ain't. Apple always has back-ups. They also start their production until mid/early May (we are in mid/late Apr)... which is why they have entire May to June to make thousands and sell em by June/July deadline.

So, it's not that hard. Also, who said the 22nd was release date?
 
kiljoy616 said:
This story gets stranger more and more. If true apple is been very civil about the whole things, strange to see apple just basically asking for it back. No demands or punitive damages, just, "hey can we have it back"
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i assume you didn't come to macrumors.com seeking legal lesson, so i am not gonna give you one. but no, you don't talk about demands or damage in a letter like that. in a complaint filed to the clerk of the court yes, not a letter bt parties.
 
pukifloyd said:
now 99% sure that the iphone was genuine...won't be surprised if apple filed legal charges against gizmodo

i wonder what steve jobs would be thinking right now...maybe he'll change the design again 😛
Click to expand...

Considering how perfectionist Steve seems to be, I can't see him signing off as that been the final product, or did apple employee loose to much sleep with the ipad and could not come up with a good design. Come on this is Apple.

Old Mockup of the 3G phone are better designed than this. I for one hate yes hate the side buttons, probably one of the great things apple has done with their iphone, itouch, and ipad is that thin out of the way easy to reach volume control. This looks like something Microsoft would come out with.
 
Giz could be in trouble for trade secrets issues
California Uniform Trade Secrets Act section 3426.1 (b)(2)(B)(ii) says?

§ 3426.1 Definitions:
(b) "Misappropriation" means:
(2) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(B) At the time of disclosure or use, knew or had reason to know
that his or her knowledge of the trade secret was:
(ii) Acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use;

also:
section 3426.1 (d)(1)(2)

(d) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or process,
that:
(1) Derives independent economic value, actual or potential, from
not being generally known to the public or to other persons who can
obtain economic value from its disclosure or use; and
(2) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy.

3426.3. (a) A complainant may recover damages for the actual loss
caused by misappropriation. A complainant also may recover for the
unjust enrichment caused by misappropriation that is not taken into
account in computing damages for actual loss.
(b) If neither damages nor unjust enrichment caused by
misappropriation are provable, the court may order payment of a
reasonable royalty for no longer than the period of time the use
could have been prohibited.
(c) If willful and malicious misappropriation exists, the court
may award exemplary damages in an amount not exceeding twice any
award made under subdivision (a) or (b).
Click to expand...
 
Wow.

That has to be one of the most casual legal letters I’ve ever read. Apple’s not worried about this prototype.
 
realeric said:
It's felony. I hope Gizmodo get sued. 😡
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Not really, they acquired a phone from someone claiming so (as in risking $ for a probably cause). They didn't deliberately find it and keep it. It's not their fault the phone is or turns out to be the actual next generation iPhone.
 
Full of Win said:
I'm not a lawyer, but...

1. Loosers weepers, finders keepers
2. Possession in 9/10th of the law
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One out of your 3 sentences is correct. (Hint it is not numbered).

iSamurai said:
oh no! next time I lose my belongings and I know who's picked them up I will write them a letter first! 🙄🙄🙄🙄🙄

gizmondo didn't steal the iphone, so you know... finders keepers...

oh when they picked up the iphone they should've taken the sim out straight away and possibly before apple disabled the iphone...

(so does this mean apple can disable ANY iphone in the world?)
Click to expand...

Finder keepers is not actually a concept that the laws of the state of Californa recognizes.

jav6454 said:
Not really, they acquired a phone from someone claiming so (as in risking $ for a probably cause). They didn't deliberately find it and keep it. It's not their fault the phone is or turns out to be the actual next generation iPhone.
Click to expand...

They admit to knowing the circumstances under which it was acquired. Those circumstances are theft in the State of California, no matter how you want to sugarcoat it. They paid $5,000 for property they knew was stolen. They committed a crime. Given the dollar amounts, it is a safe assumption the crime is a felony. It actually has nothing at all to do with it being the next generation iPhone. It could be a 3GS and it is still a crime.
 
Gizmodo

They killed the next iPhone revision. Thanks to them wanting their 15 seconds of fame, the whole world suffered.
 
They know Gizmodo has it (probably illegally).. so theres no point in sending a strongly worded letter that is going to make them look bad and extremely pissed off... they're going to get it back anyways.
 
This entire saga has been quite entertaining to witness. So unfortunate that it's occurring during my exam period. 🙂
 
kiljoy616 said:
Considering how perfectionist Steve seems to be, I can't see him signing off as that been the final product, or did apple employee loose to much sleep with the ipad and could not come up with a good design. Come on this is Apple.

Old Mockup of the 3G phone are better designed than this. I for one hate yes hate the side buttons, probably one of the great things apple has done with their iphone, itouch, and ipad is that thin out of the way easy to reach volume control. This looks like something Microsoft would come out with.
Click to expand...

You are joking right...Apple always rolls out imperfect products which don't have nearly all the features desired(matte vs glossy, lack of express card, lack of blu Ray, etc).
 
jaw04005 said:
Wow.

That has to be one of the most casual legal letters I’ve ever read. Apple’s not worried about this prototype.
Click to expand...

It's not a legal letter. Giz asked for a "formal letter" for Apple claiming ownership. Basically the letter is just that, a formality.

arn
 
This is one of apple's possible 4G devices for sure, the finished product should be much better. Hope that's a multi-touch rear case 😉
 
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