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Apple Demands Prototype iPhone Back
- Thread starter CooKieMoNs7eR
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Seems as though it would be a waste of manpower to completely overhaul the iPhone simply for an operation involving a single device..
lol yes they should also make him head of product development so once he leaves his shiny 2011 Prototype MBP on the train along with roadmap information and high resolution images of every Apple product in the works we at MacRumors will FINALLY be ahead of the curve for once!
He'd be gone in a second if he was at my firm. Do you all really underestimate Jobs' paranoia? After he stole the GUI from Xerox and then let MS hijack it and then get kicked out of the company? Never again.
Kind of Interesting
I don't want to get into the whole legal aspect of this!
But, it IS true that many initial legal letters are written in the form of a "Cease and Desist" letter, and they do scare most people into doing what is necessary.
I thought that, in this case, the Apple letter was quite friendly, as far as Cease and Desist letters go!
I don't want to get into the whole legal aspect of this!
But, it IS true that many initial legal letters are written in the form of a "Cease and Desist" letter, and they do scare most people into doing what is necessary.
I thought that, in this case, the Apple letter was quite friendly, as far as Cease and Desist letters go!
Of course, the counter-argument could be made by Gizmodo that this could have been an intended leak by Apple, and thus it was intentionally left behind by the employee in order for it to be discovered. At which point, it is not theft.
Given also that the finder was looking to sell it, Gizmodo could make the argument that they purchased it with the intention of returning it to Apple (upon determining if, in fact, it is Apple's property). This is, in fact, the route that Gizmodo is taking.
I think you're over-simplifying this. From the reports we've seen, we have heard that Apple was able to remote wipe the device via Mobile Me. Now, Mobile Me also offers the option to locate a device with regards to assisted GPS. From what I can recall, this feature has been present in the iPhone 3G, the 3Gs, and the iPad. I can't imagine they'd have removed assisted GPS from the iPhone HD (or whatever you want to call it).
Now, maybe the option of remotely locating the device was unavailable, but given that it was able to be remote-wiped (and the fact they would be concerned if a device became lost and unable to be located), I'd assume assisted GPS is present, as is the ability to locate it using Mobile Me.
Thus, why haven't we heard of Apple making an effort to locate the device? First, they remote wiped it. 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? You'd have thought that, given a prototype device was missing, Apple would take every effort to locate it. And yet, that doesn't seem to have occurred. They wiped it, and moved on.
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.
While I doubt they'll sue and I believe there's a lot of grey area here regarding if Gizmodo has broken any laws....I'm pretty sure what you're describing is most definately a felony.
As if recording a song is a studio could possibly be compared to redesigning a mass manufactured consumer device and retooling the production line for a new design.
Edit: THIS THREAD IS GROWING FASTER THAN I CAN READ IT! SLOW DOWN PEOPLE!!
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>
Mobile Me also offers device location for any Apple mobile device with Assisted GPS (from what I've heard at least).
Apple will keep quiet about this...
They will say nothing about this iPhone being real or fake until AFTER Steve reveal the actual iPhone. Afterwards, Apple will go back and sue the pants out of Gizmodo. They have 2 years to do anything legal.
They will say nothing about this iPhone being real or fake until AFTER Steve reveal the actual iPhone. Afterwards, Apple will go back and sue the pants out of Gizmodo. They have 2 years to do anything legal.
duhh guys
come on guys, apple is going to make one of those mind erasers like Men In Black did and wipe all of our memory's and still come out with the iphone.
come on guys, apple is going to make one of those mind erasers like Men In Black did and wipe all of our memory's and still come out with the iphone.
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.
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.
Your right, but the issue here is can they afford it, its easy to say fight it, but here in the States you can find your self going thru your life savings in something like this.
I am not a lawyer but this is the case, Gizmo can fight all of this, but what would they gain as a small news company? What would be their ROI, or could they gain even more if in good faith giving it back, one thing I do know is that there will be back room dealing which we may not be previe to.
Then it could turn out as was the original quote this would then get even more wild and intense. Either way I wonder if this is not a good thing for apple also, I can't imagine how many people now or tomorrow will read all about it. How there is a new phone on the way which will do video conferencing, I would guess a lot more people would want to know more about it, considering how good the Ipad is doing.
Seriously, Mook. You are incorrect. That is not what the Amendment does. It offers freedom from government oppression, it does not offer freedom from a company or individual suing you over libel/slander.
However, this case won't be about anything like that anyway. Leave it to people on a forum to bring up the 1st Amendment as if it applies to every breath everyone takes.
I find it so sweet that people think Facebook groups have an effect on the real world!
I'm sure Apple has a plan for when things like this happen. You can't expect to allow prototypes into the wild and for accidents not to happen.
Fubar!!
OMG poor poor mr powell is going to be out of a job. can you imagine the scene if steve calls him into his office? ouch!!!!
seriously stupid mistake though. you shouldn't even bring it to bar if you're going out. i mean i know he's testing it, and it's awesome to have the prototype, but geez louise that's a biggie. like leaving your briefcase with nuclear materials on a train accidentally. wowsers.
OMG poor poor mr powell is going to be out of a job. can you imagine the scene if steve calls him into his office? ouch!!!!
seriously stupid mistake though. you shouldn't even bring it to bar if you're going out. i mean i know he's testing it, and it's awesome to have the prototype, but geez louise that's a biggie. like leaving your briefcase with nuclear materials on a train accidentally. wowsers.
The phone call between Bruce Sewell and Apple HR department after Gizmodo's letter:
The phone call between Bruce Sewell and Apple HR department:
HR: Morning Mr. Sewell how may I help you?
Bruce Sewell: Yeah hi, as it turns out I need you to cancel the termination of Gray Powell.
HR: errrr. WHY??
Bruce Sewell: Yeah we just received a letter from Brian Lam asking us to take it easy on the kid.
HR: Brian who??
Bruce Sewell: You know Brian Lam, the Editorial Director of the bastards that payed 5k to buy one of our corporate secrets (or at least we are sticking to that story) and are playing cool about it showing off not only how they got hold of it but making us send a formal letter requesting it back so they can completely confirm this is a legit apple product.
HR: Oh I see, but Mr. Jobs said..
Bruce Sewell (interrupting): Mr. Jobs?? Mr Jobs said???? Briam Lam said we go easy on the kid so we are going easy on the kid goddamit!!!!!
HR: tuuuuuuuuuuuuuuuut
The phone call between Bruce Sewell and Apple HR department:
HR: Morning Mr. Sewell how may I help you?
Bruce Sewell: Yeah hi, as it turns out I need you to cancel the termination of Gray Powell.
HR: errrr. WHY??
Bruce Sewell: Yeah we just received a letter from Brian Lam asking us to take it easy on the kid.
HR: Brian who??
Bruce Sewell: You know Brian Lam, the Editorial Director of the bastards that payed 5k to buy one of our corporate secrets (or at least we are sticking to that story) and are playing cool about it showing off not only how they got hold of it but making us send a formal letter requesting it back so they can completely confirm this is a legit apple product.
HR: Oh I see, but Mr. Jobs said..
Bruce Sewell (interrupting): Mr. Jobs?? Mr Jobs said???? Briam Lam said we go easy on the kid so we are going easy on the kid goddamit!!!!!
HR: tuuuuuuuuuuuuuuuut
I find it so sweet that people think Facebook groups have an effect on the real world!
I'm sure Apple has a plan for when things like this happen. You can't expect to allow prototypes into the wild and for accidents not to happen.
Well said, but I have to wonder how the Fanboy are doing when it comes to this guy. Some of the comments seem to imply they like to see him fired.
You know how fanboys can get.
As if recording a song is a studio could possibly be compared to redesigning a mass manufactured consumer device and retooling the production line for a new design.
Edit: THIS THREAD IS GROWING FASTER THAN I CAN READ IT! SLOW DOWN PEOPLE!!
I wasn't trying to make a federal case out of it!
But, stranger things have happened. And, I think that re-recording songs by a creative group in a recording studio is a lot TOUGHER than it would be to "tweak" an industrial design to make it a bit different than the one we might have seen...if it was even CLOSE to being final, that is.