Apple Demands Prototype iPhone Back

[brewcitywi]

Not out of the question

Hilarious! Mr. Jobs will be mad. Great, now Apple will make a new iPhone design now because it got leaked. Nice going guys...

I remember a while ago that someone leaked U2's tapes from Achtung Baby before the album was released.

They completely re-recorded a few songs, and released a different song as the first single.

So, I guess an iPhone re-design would NOT be out of the question!

 

[indychris]

Can all the "me to lawyer" stop sighting the first amendment or law.

Unless your a real attorney or are at least in your 3 year of school, you don't know squat. I know I don't know squat but people I know do.

Every state is different so arguing about Federal Law and Constitutional Law and what ever other law you think you know is pointless.

People who do law for a living have to take it to court to see what is what and even those laws change depending on precedence and a judges inclination.

But it is fun to read them.

Okay. I give. Why do you want me to stop looking at the first amendment?

And you DO know that the constitution was meant to be understood by more than LAWYERS, right?

 

[renewed]

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"

What would they want? It's not like Gizmodo stole it or Apple sent it to them and said "Do not publish pictures." It was found and now Apple wants it back and Gizmodo is going to give it up. Simple as that.

 

[Geckotek]

Gary Powell, even if he has kept his job at Apple, is going to have a hard time getting employment in a similar field after this. Anyone googling his name will go "oh, you're that guy..."

Hahaha...kind of like Peter Chung? (Google "Snopes Chung King") (I actually knew that guy....hehe)

Trade secrets? Come on: A trade secret, as defined under 18 U.S.C. § 1839(3) (A), (B) (1996), has three parts: (1) information; (2) reasonable measures taken to protect the information; and (3) which derives independent economic value from not being publicly known. (from wikipedia)

(3) - what economic value does Apple gain in the outer design of their phone not being published?

(2) - I think leaving it in a bar takes more lawyers to pass as reasonable measures than there are in the US

Libel? I don't like the design, but is it malicious enough to count its publishing as libel?

This is what I'm saying!

Gizmodo wrote in their letter back to Apple, "P.S. I hope you take it easy on the kid who lost it. I don't think he loves anything more than Apple."

They're the ones who brought his name out.

Now they're telling the kid to keep his head up.

http://gizmodo.com/5520496/keep-your-head-up-gray-powell

What a nice gesture...

That's like someone walking up to you, punching you in the face, handing you an ice pack, then proceeding to walk away. :|

 

[coleridge78]

BINGO! in fact, not only is the first amendment not EXCLUSIVE to the government, it's intended to protect citizens FROM the government. I sure hope that poster isn't a product of American public schools.

Read more closely. You just confirmed the point of the person you thought you were disagreeing with, and contradicted the person you thought you were agreeing with.

 

[kiljoy616]

Fine!!! have it your way! Funny.

I wasn't trying to make a political statement, I just wondered how much stranger this could get

Give it time, we have not gone deep down the rabbit hole yet. Tomorrow is another day. And it should get really interesting what happens.

 

[King Mook Mook]

What part of "shall make no law" do you not understand? Only the government makes laws.

The government shall make no law infringing on the freedom of the press... just as the government shall make no law infringing on my right to swing my arm until it hits your nose.

What? It's not infringing on the freedom of the press, the First Amendment affords the People freedoms, in this case of free speech.

 

[ruinfx]

one word for gizmodo: access

its very important for a blog like gizmodo to get invited to keynotes and get review units ahead of time to remain competitive. maybe steve will cross gizmodo off the list for the upcoming iphone announcement and deny them an advanced review unit. forever!

 

[mcdj]

yeah all of it seems a lil weird......*cough*marketing*cough*

It really does doesn't it?

Well, since we're in marketing mode...

 

[moebius]

I also think that having Mr. Gray Powell in the presentation its a good idea, he should be promoted to the marketing and publicity dep. at apple.

Best launch of any product... ever!

 

[indychris]

I think it would be pretty redeeming for Apple to let Gray Powell introduce the new iPhone at WWDC. Kind of play it up that he lost a prototype in the wild while injecting some comedy. Everyone can look back on this and laugh when we're holding the iPhone 4G/HD whatever in our hands.

I would be all about that.

 

[coleridge78]

Can all the "me to lawyer" stop sighting the first amendment or law.

Unless your a real attorney or are at least in your 3 year of school, you don't know squat. I know I don't know squat but people I know do.

Every state is different so arguing about Federal Law and Constitutional Law and what ever other law you think you know is pointless.

People who do law for a living have to take it to court to see what is what and even those laws change depending on precedence and a judges inclination.

But it is fun to read them.

The laws on theft by conversion haven't changes substantially in about three hundred years, and being a journalist has never been a defense. Not everything about the law is a mystery waiting to be unraveled.

 

[cvaldes]

I imagine all the devices have prototype serial numbers in them. Apple wants the phone back so they know who to fire.

Then again since Apple did wipe the phone remotely as reported, I'd be surprised if they didn't already know who's phone it was.

My guess is that the engineer who lost the device reported the incident to his manager immediately upon recognizing that the unit was missing.

Apple has known for a month that a device had been lost, who the culprit was, and the general circumstances of the incident.

 

[theneweyes]

Epic. Now they're going to have to go completely redesign ... take out the front-face camera and flash just to spite us all lol.

I know you're being sarcastic but it makes me think how little of the general public actually knows or cares.

 

[robzr]

Join the Facebook group "Dear Steve Jobs, Don't Fire Gray Powell" Group!

http://www.facebook.com/group.php?gid=114703018559347


DON'T FIRE GRAY POWELL!

Why not fire him? This appears to be a completely boneheaded, irresponsible move on his part that has caused a major publicity issue, most likely unwanted by Apple.

Rob

 

[Wreckem]

one word for gizmodo: access

its very important for a blog like gizmodo to get invited to keynotes and get review units ahead of time to remain competitive. maybe steve will cross gizmodo off the list for the upcoming iphone announcement and deny them an advanced review unit. forever!

Are they going to do the same to Engadget? Or Mac Rumors, or basically anyone who has reported on this?

 

[kiljoy616]

It really does doesn't it?

Well, since we're in marketing mode...

Yeah I was expect the final version. Dam that Gray Powell why could he not have taken the final version.

 

[coleridge78]

What? It's not infringing on the freedom of the press, the First Amendment affords the People freedoms, in this case of free speech.

Freedom of speech and freedom of the press are both in the first amendment, holmes. Re-familiarize. The point being, once again, that neither is a blanket right.

 

[saunterer]

Didn’t someone report a couple of weeks ago that Gizmodo is one of the few tech blogs that Jobs reads regularly, as in has a good eye towards?

 

[David29]

Wait a second here ....

How can Apple DEMAND to get this back?

Its not like it was stolen. No one "took" it from an Apple employee. In fact there is no PROOF that it belongs to Apple at all. Sure, we can assume that, but Apple has no right to "demand" it back.

It was found IN A PUBLIC PLACE. It was not on Apple property.

Apple Legal is just trying to be terse and scare them. People see a letter from some "VP General Counsel" and panic. I would respond in this fashion....

Lawyers always take DAYS to do anything anyway. So, don't do anything for a few days. A week is nothing in lawyer-time. Let Apple wait 3-4 days.

In the meantime, Dissect the H$!! out of it. Take it apart, take pics, videos, everything.

Request that Apple somehow provide proof that it belongs to them. How does Gizmodo know that its not a knock off? Demand to see photos of it's assembly, or engineering drawings of it, or other similar prototypes.

I am not kidding - How does anyone really know for a fact that this thing belongs to Apple? How? Because some VP wrote a letter?

Gizmodo does not need to hire a big legal firm. You can easily stall this for days and write a letter back saying that you need proof that it is in fact their property.

I especially am offended by the presumptive statement about "let me know where I can pick it up". BS. I say

"We need proof that this is in fact the property of Apple. If it is, then we are confident that Apple will be able to present engineering drawings and manufacturing documentation to substantiate this fact. There should be other similar units that can also be presented to support Apple's assertion. We at Gizmodo will provide this back to its rightful owner, but we need proof that in fact Apple is the owner of the device in question."

A lawyer wrote a letter. Someone passed the BAR exam and has a word processor. Big deal.

 

[CJS7070]

I wouldn't put it past Apple to leak this whole thing and lead everyone in the wrong direction...

 

[sonicwind]

On the other hand, how many tries do you think it took to make it look like an errant employee accidentally left out an iPhone prototype and then get it "leaked" to the press, thereby mustering up all kind of talk about the upcoming iPhone and getting more people to wait until June to buy a phone rather than immediately jumping on all the awesome HTC Android phones coming out currently?

 

[Oilbrnr]

how funny would it be if SJ brings out this exact unit when unveiling the actual 4G.

"thank god we got this back"

Seriously, I've read through the plethora of MR comments on this today, and I can't believe how many people complain about the most mundane points of hardware design. I HATE the curved back that so many think is great for holding. My hand is WAY to big to palm the thing when I'm talking on it, so WTF diff does it make? Curved sux when you are trying to type on it when it is sitting on a flat surface.

As noted by a another MR'r, the flat back would be conducive to offering a slick BT Apple design slider keyboard accessory or leaving the option open to 3rd party vendors.

If this interesting item points towards any final product, what will the pundits have left to pick at other than the AT&T network (soon to be leveled by LTE, SJ must have his reasons... hmm then again rural america takes it in the nut sack) or semi-weak Enterprise architecture. (no Domino support, 4 one)

OK the pundits still have a drum to beat.

 

[kiljoy616]

Are they going to do the same to Engadget? Or Mac Rumors, or basically anyone who has reported on this?

Yes steve says off with all their heads. I want blood or it sound like some people want just that.

So sad that people want other to suffer for bringing out a little story about a phone, a phone is all this is, lucky we don't see this with cancer treatments.

How dare you slip up and let the sheep know about a new treatment.

Of with everyones head.

 

[rcandre2]

How can Apple DEMAND to get this back?

Its not like it was stolen. No one "took" it from an Apple employee. In fact there is no PROOF that it belongs to Apple at all. Sure, we can assume that, but Apple has no right to "demand" it back.

It was found IN A PUBLIC PLACE. It was not on Apple property.

Apple Legal is just trying to be terse and scare them. People see a letter from some "VP General Counsel" and panic. I would respond in this fashion....

Lawyers always take DAYS to do anything anyway. So, don't do anything for a few days. A week is nothing in lawyer-time. Let Apple wait 3-4 days.

In the meantime, Dissect the H$!! out of it. Take it apart, take pics, videos, everything.

Request that Apple somehow provide proof that it belongs to them. How does Gizmodo know that its not a knock off? Demand to see photos of it's assembly, or engineering drawings of it, or other similar prototypes.

I am not kidding - How does anyone really know for a fact that this thing belongs to Apple? How? Because some VP wrote a letter?

Gizmodo does not need to hire a big legal firm. You can easily stall this for days and write a letter back saying that you need proof that it is in fact their property.

I especially am offended by the presumptive statement about "let me know where I can pick it up". BS. I say

"We need proof that this is in fact the property of Apple. If it is, then we are confident that Apple will be able to present engineering drawings and manufacturing documentation to substantiate this fact. There should be other similar units that can also be presented to support Apple's assertion. We at Gizmodo will provide this back to its rightful owner, but we need proof that in fact Apple is the owner of the device in question."

A lawyer wrote a letter. Someone passed the BAR exam and has a word processor. Big deal.

+1

Sent from my iPhone 4G