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I am not sure you could have got more facts wrong about this case if you intentionally tried.

Edumacate yourself. There are hundreds of pages of discussion on this topic here covering it from all angles. Spend a couple days reading it. Be your own special master!

Uh huh. I've wasted more hours of my time reading the facts...

Please note the title of my post.

I'm buying Apple's story about as much as I'm buying Gizmodo's :) Funny how the facts keep changing...

The courts will decided the alleged stories.


ML
 
I'm rather confused about this whole thing. Is possession still 9/10th of the law?

It has never been part of the law. If I come to your house and take your stuff, do I now own 90% of it?



Is Apple alleging that the prototype was stolen out of the employee's bag? I'm fuzzing on the whole thing and not trying to be coy. Are you obligated under the law to return lost property? It might be the decent thing to do but how far does the person have to go by law that recovered the lost property?
How is the guy that recovered the device supposed to know if it's authentic? The average person knows little about how to navigate their personal computer they've been using for years. He may have known it was an iPhone but would he necessarily know it's the new generation unless he already owned one?

Seriously this whole issue has been discussed over and over and over again here so there are lots of strong relevant threads with a ton of information on it. I suggest checking them out. You will certainly be more enlightened on the core issues if you do.

I will bottom line it for you since you seem to be unclear.

If you find someone else's property you don't just get to keep it. That is stealing.
 
In response to another posters comment of: "So because there are murderers, let's forget about the thieves?"
That would be me.

No way, but I sure hope that resources are being allocated appropriately to the severity of the crimes. 2 months worth of someones time over a redesigned phone is, well a lot of time and resources.
From the article:
The special master, who has not been identified, is an unpaid..."
 
Uh huh. I've wasted more hours of my time reading the facts...

Please note the title of my post.

I'm buying Apple's story about as much as I'm buying Gizmodo's :) Funny how the facts keep changing...

The courts will decided the alleged stories.


ML

Apple hasn't said anything about the facts.

Just going by Gizmodo's own reported facts we know everyone involved is guilty of crimes.

By your statements, you clearly are ignorant of the issues at hand here.
 
Wow, no. Just: no.

Apple isn't a party to the criminal case.

What you're speculating about might take place in a civil suit. But even then the judge would limit the scope of the inquiry to the damages Apple suffered due to Gawker Media's alleged criminal conduct.

Ah, yes... My mistake :)

Now, will Gizmodo take this to civil? Especially if they lose?


ML
 
The case will turn on reasonableness.

Was it reasonable for Jason to suspect the phone had been stolen? Maybe - that's what the DA is investigating.

If it was indeed accidentally lost, as the story goes, the guy who found it made a reasonable attempt to return it. The attempt was unsuccessful. Depening on CA's property laws, that will probably be considered abandonment. At that point, Jason had a right to be able to buy and the finder had the right to sell. If that was the case, there was no stolen property to buy and Jason probably didn't do anything worthy of a criminal conviction.

But SJ, taking things ultra-personally like a teenager, has to act like Jason is some kind of Apple terrorist out to destroy his company.

Here's a dime; go call your mother and tell her you will never be a lawyer.
 
I'm at a loss as to how the "This isn't a real crime" thing can stand up in people's heads as a serious argument...

Imagine for a second that someone came to you with a bag full of diamonds, with the dealer's name embroidered onto the bag. The guy tells you that he found the diamonds in a bar, that he tried calling the diamond dealer but couldn't work out a way to return it, so would you like to buy the diamonds from him for a third of their market price?

At this point, if you don't have the guy clocked as a thief, you really shouldn't be allowed out on your own.

Even if we go with the iPhone 'finder''s story, he was still obliged by law not to profit from the sale of someone else's property. He should have handed the item into his local police station if he couldn't return it to Apple himself. Even if he innocently found the iPhone in a bar, the moment he tried to sell it on to a third party it became criminal theft.

Exactly. Remember the iPhone thief lives about 20 minutes from Apple headquaters.
 
Gismodo is alleged to have violated several criminal statutes. This crime let Apple's competition know for certain what features the next iPhone 4G will and will have two months ahead of Apple's planned announcement. That means that the competition will have their products to compete with the 4G two months earlier than they would have. If that cost Apple even one percent of iPhone sales for those two months, that would be something like $10M in lost sales.

The police and DA realize that the press will scrutinize their every action on this case. They also realize that the Silicon Valley is full of people who appreciate the value of intellectual property. The police and DA must pursue intellectual property crimes if they want the continued support of their constituents.
 
Interesting thing that probably should occur: during the discovery phase, Apple might find themselves having their records scoured as well..

....
ML

Hahahahahahaha.

Someone stole something from you and the police goes after you, and not the theif? What are you smoking?
 
Ah, yes... My mistake :)

Now, will Gizmodo take this to civil? Especially if they lose?
Gizmodo has no interest in being sued by Apple. If their employees are guilty of criminal conversion and conspiracy, that will only bolster Apple's civil case. The damages could run into the tens of millions.

The only upside is that Gawker would have to go out of business and Gizmodo would no longer be polluting the internet with its brand of "journalism."

There's really no way this ends well for Gizmodo or its employees. Just ask a little company called Psystar.
 
It was pointed out in the other thread yesterday that California property law states that ownership for "found" goods does not transfer for 60 days. Not only that, but it DOESN'T transfer to the finder, but instead to the owner of the property that the item was found on.

That is incorrect. There are two separate laws that apply here, one criminal, the other civil. The criminal law requires a finder of lost property to try to return it, and says nothing about when or if the finder can acquire ownership of the property. The civil statute outlines a process whereby a finder may take the goods to the police department, file papers, and may eventually be given ownership of the property if the true owner can not be found.

Incidentally, the notion that the owner or lessee of real estate where property is lost has special rights, including, eventually, the right to own it if the owner can't be found, is part of the continental civil law which applies in most of Europe among other places, but it is not a part of the law of California.
 
Millions will be sold

In a market as competitive as the mobile phone market, secrecy is very important. Allowing your competition to see your product a few months out can make a huge difference. There are many ways Apple could go with the new iPhone, now every other mobile manufacturer out there knows what Apple is planning and can plan their strategies and products early giving them an advantage they wouldn't have otherwise had. So yes this is a big deal, a very real crime, and a legitimate concern on Apple's part.

I think Apple will have a very difficult time claiming they were harmed when they will likely sell millions of new model iPhones in the first few weeks after release.

If some people at Apple were telling Steve Jobs to "let it go" they obviously thought the genie couldn't be put back in the bottle, and a lawsuit would not gain them money. There was loss of secrecy that gave a heads up to competitors - and Apple spends money retaining that secrecy. However, unless you signed something to that effect, you are under no legal obligation to keep it secret. I think the Steve Jobs' anger is the big driver, though. They dropped the ball and Gizmodo picked it up and waved it to the crowd showing they recovered it.

This is a very interesting case and will test the law, no doubt.
 
There are sure a lot of morons on this forum. Whether he found it or slipped it out of his backpack, once he sold it it is a crime. Wasn't his to sell. And wasn't Giz's to buy. Too many immature people with no sense of right and wrong who are like the guy who sold the phone, who think that daddy will bail them out for their mistakes. Geez, people. There's right and wrong. Pretty simple. The fact that the kid is a young punk and Apple is a multi-billion dollar company has zilch to do with it. He knew exactly what he was doing and thought he was smart enough that nothing would happen. The roommate who called the police showed her intelligence and maturity.
 
Wheres the Gizmodo team... can't see them updating their website reflecting this story :D

Because they are under a criminal investigation, they can no longer post any more information. But surely they will post links to other articles written about it though.
 
I agreed with Steve, you can't "let it slide". We need to have rules and people to follow them. Think about New York's "Broken window effect".

Did anybody else find it sort of weird that Steve brought that up when I believe the question asked was something along the lines of where will Apple be in 5 or 10 years? Steve brought up the Gizmodo thing again. Seemed like a somewhat disjointed answer given the question.

Seemed he should have left it out at that point and just answered the question.
 
The iPhone was NOT stolen. It was lost.

That is STILL in DEBATE. Unless you have undeniable proof stop speculating.

If you had stolen it would you say "yes I took it out of his bag" or "Someone found it on the floor and passed it to me"?
 
And when I was a kid I was wondering why they make us read certain books before we discuss certain subjects.
 
My thoughts on this turn of events: The district attorney is going to extraordinary lengths to preserve the integrity of the investigation. There's no way in hell that he'd spend the time and money on this if he wasn't pretty certain he'd have some charges to file at the other end.

Bottom line: The DA isn't letting this drop and Jason Chen and Gizmodo/Gawker have plenty to worry about in the meantime.

Mark

Considering how much has already been spent and how this police force is just specially only for that area and does not care if this happen in any other part of california, they have no recourse, money is tight so they have to show there is a good reason for having and wasting all this money.
 
I hope Jason Chen and Brian Lam go to jail. Gizmodo shouldn't even be around anymore, those guys are a bunch of d*ckheads.
 
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