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Apple Genius Bar Didn't Recognize MacBook Pro 3G Prototype, Apple Now Wants it Back

WOW! Frega is in Raleigh??? Crap - I'm in the area and I'm always searching craigslist for old macs (for hobby) How'd I miss this one? Can't believe I had the near opportunity to grab this!!!

Oh well, I know a few local lawyers, but none in that field... I agree with some of the posts that point towards you keeping/fighting for it a bit. I think there might be some leg to stand on for defense in keeping it.

IANAL, but I feel some of the points are valid:

1. You came by this legitimately and unknowingly to it's status;
2. An open market value was established (on Ebay)
3. (as I understand it) they requested Ebay to pull the auction, not a request to you or from you;
4. Possession is 9/10 ths of the law (not real sure about that being true or not)

Anyway, good luck and I dig the fact that you're in the area (I supposed this was all west coast dealings)
 
apolloa said:
If Apple put this in the bin then I suspect the guy could keep the laptop legally,
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not likely. When apple is done with a prototype they likely send it out to be recycled. Just because something is placed in a bin to be picked up and recycled doesn't mean an apple employee, or employee of the company contracted to recycle it, is legally allowed to take it.
 
cgc said:
Apple is probably considering this stolen property so the current owner gets nothing.
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Apple repeatedly sold prototypes of products. So it's up to apple to prove that this particular machine was stolen.

Unless apple reported it stolen in 2007 it's going to be hard to proof theft.

-They would have to explain why they never reported it stolen for 4 years or they need to show that it was stolen recently.

I guess there is a good chance for the owner to negotiate to get a top of the line MBP or similar from Apple.
 
apolloa said:
Anyone able to back this up with convincing proof?
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Well, he does back up his first post with more pictures. ( though those could have been culled from the ebay listing FAIK )
He also seems to stay rather mild mannered about the whole affair. If he's fake, he's a rare troll to be so.
 
terraphantm said:
I wonder if a lawyer can argue that the Genius bar taking the laptop, thoroughly inspecting it, and then returning the laptop would constitute as Apple discarding the property in question.
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A lawyer could argue that, but they would lose. You cannot discard what is not in your possession. You discard an item by having it in your possession, then moving it out of your possession by a deliberate act of abandonment. For example, I have some books that I don't want anymore, I take them from my bookshelf (in my possession), take them to a public place, put them down, put a sign in front of them "free books", and now they are out of my possession and abandoned by a deliberate act.

And the laptop was not in possession of the Genius, and it was not discarded by the Genius. Your argument would mean that if a car thief gets stopped for speeding, gets a ticket, and the police doesn't notice that the car was stolen and lets him drive away, it would now be rightfully in possession of the thief.


ck2875 said:
How would this simply not fall under Bone Fide Purchaser?
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That means he doesn't get prosecuted for theft or for being a fence. It doesn't change anything about the ownership.


andiwm2003 said:
Apple repeatedly sold prototypes of products. So it's up to apple to prove that this particular machine was stolen.
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Any evidence of Apple selling prototypes of products? And if so, any evidence of Apple selling prototypes of this specific product? Don't think so.


40Share said:
If I had this laptop and Apple wouldn't give me something really nice in return for it, It would find a very big hole somewhere and I would simply tell Apple it was lost.
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Risky move, in case Apple shows a court that the laptop was on sale on eBay for $70,000. Of course Apple doesn't _want_ to sell the laptop on eBay, but they _could_ and it would make $70,000.
 
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"Machine number (W8707003Y53) is also not recognized as a valid number."

I may be the only one lost here but wouldn't it flag something when they put the machines number in their system as stolen or something?
 
forza1976 said:
Slow news day???

Who cares.
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yes they should just not put any stories up till a great one comes along. that would do wonders for their site!! i'm sure people would still be patient without new stuff for a week or so at a time. i'm sure advertisers would keep advertising on here too. you must tell them all your other fantastic business strategies!! you must be a billionaire with great ideas like not putting stories on a news site.
 
junker said:
Someone previously mentioned Apple should pay $10,000 for the unit... how about paying him $70,000 for the unit??? Seeing as how Apple demanded Ebay pull/end his legitimate auction.

They can certainly afford this and he has established it's value on the open market.

This would also make for a nice first public relations move for the new CEO.
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They should definitely pay the street price for it.
They could also have bid on eBay and get it back without all the fuss.
 
gnasher729 said:
And the laptop was not in possession of the Genius, and it was not discarded by the Genius. Your argument would mean that if a car thief gets stopped for speeding, gets a ticket, and the police doesn't notice that the car was stolen and lets him drive away, it would now be rightfully in possession of the thief.
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that is not nearly the same thing. the guy took it to the actually company, and they deemed it counterfeit. your car argument, to be similar, would be more like some one stole your car, sold it to some one else and they brought it back to you to fix it and you didn't recognize it was your car.
 
It would be disgusting to find out that his laptop was simply taken back by Apple without any refund!
 
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junker said:
Someone previously mentioned Apple should pay $10,000 for the unit... how about paying him $70,000 for the unit??? Seeing as how Apple demanded Ebay pull/end his legitimate auction.

They can certainly afford this and he has established it's value on the open market.

This would also make for a nice first public relations move for the new CEO.
Click to expand...

100% the right thing to do.
 
Seanozz said:
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100% the right thing to do.
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Not really... it was not a valid auction. Even though he came in possession of the mac legally, it was stolen property and still is.

Apple will probably treat him fairly, but $70K would be silly. They technically have to pay nothing. It's theirs to begin with.
 
Haha, I love how they didn't recognise their own machine.

Apple shouldn't have been allowed to block the sale - $70,000! :) The guy must have been gutted - possibly sold it outside of ebay for a similar amount though. I actually liked this quirky tale - nice one macrumors journos!
 
:apple:'s probably taking this back with no compensation. They could argue that it was stolen, he paid for it, and he's in posession of stolen property. In Pa, they could ask that he be charged with that.

You can look at the recent past to see where that could go. They didn't pay Gizmodo for the iPhone4 prototype, they sicked the cops on them.

He's not going to get paid, and probably won't get any compensation for it.
 
How did it end up of craigslist?
Stolen?
Accidentally sold by apple to someone?
I think this would be of fundamental importance in the case
I'm not sure apple can force him to give it back or sell it - maybe he'll get to name his price :D
If I was apple I would have snapped it up straight away - that money is nothing to them compared to what the secrecy and being one step ahead of the competition is worth. The next gen of laptops must be 3G :) It's about time
 
Why do they even bother... It's an old unit, with nothing fancy except an antenna and a 3G radio... It's not like its some sort of revolution, PC laptops have had data cards in them longer than that.
 
I can just imagine Job's in a cat burglar suit, whilst playing the mission impossible theme on his ipod, climbing through the guy's window to recover the laptop
 
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