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How much is apple paying him for it?

Ya Rely!

This is way too confusing. So it is real then?

Apple wants, of course its real!

Clearly more Apple retail employees should read MacRumors. I know I'd spot Apple's prototype-red logic board.

Shows how average many of those "Geniuses" are.
They just enter the #'s and read what the system spits out.
Had he any smarts he would have realized it was too similar to MBP, and of course extremely difficult to make an Apple fake.



Imagine the guy who took it to Apple store and forced its return to Frega. I bet he his kicking himself because he had a potentially $70,000 machine!
 
Definitely the funniest part about this is that the Apple Store thought it was modified by a third party... haha, how did they not see that antenna.. or did they write it off as a 3rd party modification too?

Man, I wanna land my hands on an Apple prototype... that'd just be cool. :)

LOL! I guess that shop has at least one non-genius working there. Hindsight is twenty-twenty of course, but I would like to think I would have noticed that: 1) it was way advanced technology, 2) it fit together too well to be amateur work 3) the customer clearly didn't know what it was and must have gotten it somewhere else....ergo, do some calling around.

And yes, I think the bid my be legit. A sharp, observant engineer may have caught it and fed it to his company which, in turn, would pay a lot to learn what was inside that little puppy.

Rich
 
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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.

In both cases, someone with the authority to take stolen goods into their possession failed to do so. The Genius, as a representative of the rightful owner, and the police officer, as a representative of the state whose job it is to take _any_ stolen goods into his possession and then return them to their rightful owner. No difference at all.
 
Regardless of how it got where it is it is still a prototype and is covered by intellectual property laws. Apple has a right to it.

Bona fide purchaser perhaps??????????????? Unless Apple can prove that the person who sold it to him did not have a right to sell it and they can prove that buyer should have known that the person did not have the right to sell it. (At least that is what I remember from school. Been a while for that area of law.)
 
Apple doesn't need this machine back. It's almost five years old. I doubt they are going to look over the logic board and make some technological discovery of how to make a better MacBook Pro they haven't already documented. The reason they want it back has only to do with control. A product they didn't intend to leave their possession has left it. I imagine once they get it back, it will simply go into storage, an activity sometimes called hoarding. Hoarders feel they can't control their lives—they fear their life—so they control life by keeping everything and eliminating nothing. By keeping everything, they can assume life must be in there somewhere.

So the question is: what does Apple fear?

They hoard money, they keep secrets, they conflate austere design with austere behavior toward their own employees, many of whom live in anxious states.

I think Apple is afraid of being like everyone else and being like anyone at all. Yes, they are different. But being different isn't just part of Apple's identity, it's instead of Apple's identity. Apple is creative and innovative, yes, but if you look for more, you'll find sterility, discipline, austerity, fear, and ruthlessness.

That emptiness and unwillingness to be entirely human, I believe that is what informs these control issues. When I speak of Apple as a person, I mean the human forces within Apple that create the human culture of Apple. Steve Jobs has chosen to create a public persona devoid of much human-like qualities. He doesn't talk about his family. He doesn't talk about being sick. He did give an inspired Stanford graduation speech when he thought he was on the mend. But I think he likes being as mysterious as the next Apple product. He creates the impression that he has no private life. He is a sterile, android like machine that is right about most things because he isn't publicly involved in matters where it's easy to be wrong--like the matters of life. You don't see him giving interviews like Eric Schmidt. Not that Eric Schmidt talks about his life much, but there is something there, you have to admit. I mean it was newsworthy when Apple executives started Twitter feeds because that would have been thought to be verboten in Apple.

Hide everything. Be nothing except the next product. Perfection through non-engagement. Cleanliness through non-communication. It serves Apple well, I suppose. And it's apparently important enough to Apple to get an almost 5 year old MBP back.

But I've only thought about it for 5 minutes, so I could be wrong.

This analysis would be a wonderful introduction for the upcoming biography on Steven Jobs.;) I love Apple and appreciate what SJ has done for the company but one has to admit that Apple has a somewhat neurotic corporate culture. Steve Jobs has the "gift of grace", mystique, panache, etc that is common amongst some of the greatest leaders of both the revered and despised types in human history. I could make comparisons but... I am sure most of you can use your imaginations. After all I would hate to turn things into a political "normative" debate.
 
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.




That means he doesn't get prosecuted for theft or for being a fence. It doesn't change anything about the ownership.




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.




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.

How long have you been practicing corporate law? Or perhaps you've been a judge in these types of cases? Fill us in.
 
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_3_2 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8H7 Safari/6533.18.5)

"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?
Not really. If it was a internal product ID, the Genus bar might not be aware of it - I wouldn't give them access to internal model numbers - only the ones that refer to actual products.

Second, it was a 4 year old prototype, if it was never developed, it was probably never flagged as *stolen* unless they specifically were aware of the theft. Until recently that wasn't probably known and it could have been flagged as any one of these things.

But the Genius bar is only equipped with valid product ID's - they wouldn't be privy to internally developed products. There would be no reason to. Furthermore, they can't confiscate devices that they receive anyway. They would have to contact the authorities.

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.
There could be legal issues with a radio device not authorized by the FCC, plus it's sheer principal. Apple sees the laptop as something not legitimately obtained and is their property.
 
It's an Apple prototype, and therefor "defacto" stolen property. Even if the guy was unaware he was buying stolen property, it is still ultimately property that was wrongfully removed from Apple's possession. The law is easily with Apple on this one, and the so-called owner could easily end up with only what he paid for it originally in reimbursement.

If someone steals from you, even if it passes through multiple sales, it is still legally yours, and if discovered by police, it would be returned to you, the rightful owner, as long as the evidence was clear that you were the original owner it had been stolen from. It won't be too tough to prove that this was Apple property.
 
Why would you take a prototype to the Apple Store?
Facepalm.gif


I would've handled things so much better (less public), wait a couple of years and use the money to invest in some Apple stock and pay off my student loans, this guy was just plain stupid :confused:
 
Shows how average many of those "Geniuses" are.
They just enter the #'s and read what the system spits out.
Had he any smarts he would have realized it was too similar to MBP, and of course extremely difficult to make an Apple fake.


I doubt that his job entails determining what is fake and what may be a counterfeit. His Job is to determine if it is an Apple product that they sell and support and to fix it.
 
Perhaps most of you aren't living in the US? Here a person is innocent until proven guilty, regardless of what internet lawyers and judges think who have no internal knowledge of the incident.
 
You and the others are assuming the laptop was stolen and sold illegally, which may very well be the case. So far, there has been no evidence to prove that nor anything being publicly stated by Apple that that is the case. If the laptop was obtained illegally, then it is Apple's right to have it back, no ifs ands or buts about it. But if they were lax and let an employee have it, that doesn't mean it was stolen. That's all I'm saying, that is a possibility. It sure took Apple long enough to "ask" to have it returned.
My guess is that Apple employees who are given the privilege of checking out confidential prototypes from a top-secret lab can only do so after signing a lengthy document swearing that they will not show the device to third-parties, etc.

Apple does not randomly pass out prototypes to employees. This is a company where unreleased hardware is not paraded around the hallways. When a prototype device is removed from a lab and transported within the company, it is draped in a black cloth.

Likewise, Apple's manufacturing partners aren't allowed to give away prototype units. They are under contract to assemble those devices; they are Apple's property.

This device in question was illegally obtained from Apple or one of its manufacturing partners.
 
My guess is that Apple employees who are given the privilege of checking out confidential prototypes from a top-secret lab can only do so after signing a lengthy document swearing that they will not show the device to third-parties, etc.

Apple does not randomly pass out prototypes to employees. This is a company where unreleased hardware is not paraded around the hallways. When a prototype device is removed from a lab and transported within the company, it is draped in a black cloth.

Likewise, Apple's manufacturing partners aren't allowed to give away prototype units. They are under contract to assemble those devices; they are Apple's property.

This device in question was illegally obtained from Apple or one of its manufacturing partners.

If this is what happened and the employee broke the NDA, then Apple owns the laptop. How long have you worked for Apple?
 
If this is what happened and the employee broke the NDA, then Apple owns the laptop.
You're finally getting it after god knows how many pages of comments.

This prototype was always Apple's property and will always be in perpetuity. If it is not in Apple's possession or in the possession of someone under an NDA, it has been illegally obtained.

We will never know if an employee or manufacturing partner illegally sold the unit or if it was stolen. Either way, whoever acquired the device did so illegally.

My gut feeling is that this prototype device can from a manufacturing partner's lab, not one in Cupertino. Let's face it, Foxconn employees don't get compensated as well as Apple employees do, there's probably more temptation for the former to find a way to a quick buck.

Apple's ownership of prototypes is no different than really any other high-tech hardware company (HP, Cisco, TiVo, whoever). Prototypes are company confidential property and are tools used in the development of the final shipping product. They aren't employee samples.
 
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.

no, you just littered.
 
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