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Exactly what I'm thinking. Just doesn't look like something Ive would design, does it? Too boxy. Like a step backward in terms of coolness.

Agreed - have no real opinion on whether this is fake or not, but it looks surprisingly clunky for an Apple product...
 
I think this is the distinction.The 1st amendment DOES protect your right to publish anything you want.

BUT:you could get sued for it.That is a civil,NOT criminal case.
Civil vs criminal are two VERY VERY different things.

You can not say that there are limits to speech/press,but there may be consequences.

No, it does not.
 
I love hearing news about any new Apple gadget, but what Gizmodo has done has gone beyond the pale.

The guy who found the phone, whether or not he waited at the bar as he claimed and/or asked around if it belonged to anyone, knew that the phone did not spontaneously generate and show up there on the stool. He knew it belonged to someone other than him. He should have turned it into the manager of the bar so that when the person who lost it called in, they'd have it - or to the police. There is no other acceptable action.

That he took it home implies that he intended to either keep (theft) or sell it (fencing stolen goods).

That he sold it to Gizmodo for $5000 is evidence that he realized what he had was an unreleased product by a very well known, publicly traded company. He knew it was of great value and sold it to the right buyer/fence.

That Gizmodo was willing to spend $5000 for something they knew did not rightfully belong to the seller shows that they are willing to commit a felony. Not that their behavior is overly shocking as they caused disruption to electronic devices at an event in the past where they were told not to return. The organization appears to be run by a bunch of 15 year olds - in intellect, anyway. Clearly, Gizmodo gets a LOT of traffic. Just go to alexa.com and put in their URL and you will see the significance of the amount of traffic they get and ergo, that they get a lot of high dollar ad revenue. Gizmodo was willing to shell out $5K because it was worth far more $ to them in boosted ad sales due to increased web stats with this bit of 'news.'

A responsible journalist would have contacted the police before engaging in the transaction so that Apple could recover their property, the thief would be arrested and so that they'd be a hero AND be able to report on how honest they were and that they saw a new device by Apple.

That they took the device apart shows their wonton disregard for the property of others. It did not belong to them and they knew it. They disassembled it and showed off the internals, giving an unfair advantage to Apple's competitors months before the product is ready to launch.

For those that admire Apple, their products and hold their stock, this should be an outrage. All of us who are gadget hounds only think of the latest gadget we want to buy - but we are not the only ones reading the online leaks. Those who play the market and those who compete against Apple are also eating this up. This 'leak' by Gizmodo, which is not a true leak, is criminal and acts against Apple's interests.

Frankly, I hope the SEC brings charges against Gizmodo/Gawker for securities fraud. At the very least, they have committed felony in fencing stolen property - and across state lines.

:apple:

SPOT ON. AND if the "bar" was only a short distance from Apple's HQ, the guy could have strolled in to the facility and dropped the phone off himself, probably roping himself free Apple stuff, in their gratitude. Selling it for $5000, how greedy is that? It all just doesn't add up. Especially the "confirmation letter" by Apple. This is why it seems like a very controlled leak to me.
 
I am quite confused on what to believe whether it was a accident or all planned.
Its not often the and Apple prototype gets left in a bar then sold for $5000 grand. And if Apple wanted the iPhone so badly why didn't they just go get it back. i mean they remotely wiped it right? So why couldn't mobile me led them to back to the iPhone "4G" As for the design I think its OK. I like the aluminum look but the back looks like a scratch magnet and I think its too square.
i personally am hoping for a iPod touch redesign this year :p I have been waiting to upgrade my iPod touch 1st gen for a very very long time.
 
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JilzVT said:
If this device was truly meant to be a top-secret prototype, why is there a giant Apple logo on the back? Apple would never let a test model that clean and finished out into the wild.



There is no way this is real.

This is unquestionably real. Apple's letter makes that abundantly clear.
 
I like all the self-righteous people here acting like if they found it they would just stroll right up to Apple and give it back. Gimme a break.
 
I haven't read this whole thread, but has it been considered that if this was a controlled leak, that the person who "found" the phone was in on it too?

That would seem likely when you figure that 'if' this was Apple's doing, that they would leave nothing to chance. They are not going to assume that whoever 'found' the phone would know to gravitate to a gadget site. They're not going to assume that whoever 'found' the phone would know what they had and what to do with it.

If, and at this point it's still an if, Apple is behind this, the 'finder' of the phone is part of the plan. IMO.
 
I like all the self-righteous people here acting like if they found it they would just stroll right up to Apple and give it back. Gimme a break.


That statement says more about you than others here...

I know plenty of people who would return the iphone, including me.
 
I like all the self-righteous people here acting like if they found it they would just stroll right up to Apple and give it back. Gimme a break.

I would have given it right back, even though I'd have loved to know more about it.

Messing with other people's property, especially when you know they own it, is wrong.
 
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If I've learned one thing from all this, it's that everyone here is a ****ing expert on everything ever.

Hahaha, couldn't have wrapped up the events of the last 3 days into a more perfect sentence.

Apple's Design department and Law agencies around the country should just come to the macrumors forums the next time they need to hire someone, what with all the experts we have here.
 
Frankly, I hope the SEC brings charges against Gizmodo/Gawker for securities fraud. At the very least, they have committed felony in fencing stolen property - and across state lines.

:apple:

What are you talking about? There's not even an iota of securities law violation here (and I speak as a corporate securities lawyer).

What Gizmodo needs to be cautious of is paying for stolen property. As John Gruber just pointed out, Gizmodo seems to have admitted to Apple that the iPhone wasn't "lost" but stolen. He notes that Gizmodo's response to the letter from Apple's counsel said this:

Happy to have you pick this thing up. Was burning a hole in our pockets. Just so you know, we didn’t know this was stolen [emphasis added] when we bought it.

Now there's a lot of steps before you get to conclude that Gizmodo faces legal consequences for paying for this device, including whether Gizmodo knew or should have known that this device was stolen. Gruber thinks there's no way it could not have known but I don't think it's so clear cut. It's possible that they suspected it was a real iPhone but didn't know for sure until they took it apart, after they bought it. It's also possible they honestly believed the "lost in a bar" story they were told.

But Gizmodo response that characterizes the iPhone as "stolen" implies that it is slowly dawning on them that the "hey I found this iPhone at a bar" story it was told by the seller is pure BS. Maybe that's why Gizmodo isn't saying a word on its site about how it paid for the phone. It's worried that it may be in some legal trouble for the payoff.
 
kdarling said:
I don't understand why Apple didn't try to track down its location, either by themselves or with ATT's help.

To answer myself, Gizmodo says it's because the 4.0 beta doesn't support MobileMe locating:

MobileMe's Find My iPhone feature, which lets you find your lost phone on an online map in a matter of seconds, doesn't work in OS 4—yet. In other words, Apple likely couldn't track this phone because of a beta software bug.
 
I really feel bad for the guy who sold it for $5000. We all know he couldve gotten A LOT more.
 
I'm not so sure Apple has a case against Gizmodo but I do believe Gray Powell certainly does have one. I am sure some lawyer would be willing to take this on.
 
i still find it hard to believed they ****ed up on this level
And that's why we have paranoid conspiracy theories. Apple is good, but they are by no means perfect.

I don't understand why Apple didn't try to track down its location, either by themselves or with ATT's help.
My guess is that wiping the model was considered more important since it had 4.0 on it which was going to be announced shortly. There could have been any number of confidential info on it. Corporations do that all the time with smart-phones - they wipe them instead of locating them.

Also, on other phones, you can buy apps that always wait in the background for a special text message with your chosen password, and the app privately replies to you with location information..
They might exist, but that doesn't mean they get used. My guess is that Apple figured that using Geo location tracking would be too time consuming or not accurate enough or figured that it would turn up honestly.
 
I'm not so sure Apple has a case against Gizmodo but I do believe Gray Powell certainly does have one. I am sure some lawyer would be willing to take this on.
If the iPhone was the property of Apple (which it almost certainly is) they would have a case - It isn't the personal property of Gary.
 
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