Authorities Begin Evidence Examination in Gizmodo iPhone Case

[kiljoy616]

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.

Wrong its a problem in California, each state makes up their own laws when it comes to Theft. So what is considered Theft in California or for that in that county may not be considered a crime in say New York. So go back to apple and get your paycheck.

The room mate was a girl and for anyone who has been in the military will tell you, don't pair up with females when **** goes down, because your going to have to save both your ass and hers. Yes that is right I have no politically correct bone in my body.

 

[Atkins]

I did not say journalists. Wink wink. .

I know. Just sounded like a nice addition

In this matter though, most if not all articles linked by Giz is from legit publications.

Hopefully for them.

 

[PsudoPowerPoint]

Is it a crime to sell found goods?

Yes.

The laws and police work to help maintain the owners rights. So it is a crime to sell something that does not belong to you, regardless of how it came to be in your possession.

If you find something (in California) and want to claim ownership of it, you must first hand it over to the police, and wait for them to follow their procedures, and if unclaimed by the rightful owner, they will return it to you.

 

[Cameront9]

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.

Thanks for clarifying. that's what I get for repeating information!

Someday this story will make an excellent TV movie.

 

[Atkins]

Wrong its a problem in California, each state makes up their own laws when it comes to Theft. So what is considered Theft in California or for that in that county may not be considered a crime in say New York. So go back to apple and get your paycheck.

In which state selling others' people stuff is not a crime?

The room mate was a girl and for anyone who has been in the military will tell you, don't pair up with females when **** goes down, because your going to have to save both your ass and hers. Yes that is right I have no politically correct bone in my body.

It's much more than politically incorrect.

 

[kironin]

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.

Pure B.S.

As the story unfolded from the original telling, it's become quite clear that he did NOT make a reasonable attempt to return it at all and right away was looking to profit from it.

 

[Mark Booth]

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.

At this point, anyone charged with a felony in this case only has one hope... That their attorney can stack the jury with a bunch of clueless "it was just a phone" sympathizers. Hell, even one kiljoy might be enough.

Mark

 

[PsudoPowerPoint]

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.

I disagree. That does not match the laws of California.

The "finder" definitely did not own the 4G even if he made a sincere attempt at returning it. To claim ownership he would first need to hand the phone over to the police. Selling something you don't own is a crime regardless of how it came into your possession.

Buying the phone was buying stolen property under California law.

Publishing pictures of the internals of the phone, and revealing a list of features was in violation of the laws about making and distributing illegal copies.

Reading some of the posts here makes me wonder about the laws where you folks all live, but I wouldn't want to start a business there.

 

[jwestveer]

So much for Apple's 'do-no-evil' stance...

Get over it Steve.

 

[realeric]

I guess California doesn't have real crimes to investigate

No, this is the real crime. Huge. The US might have lost some billions.

 

[CedMan]

If this whole thing has hurt Apple in some way, then I agree with prosecuting them.
However, I believe that Apple received much more free media on this than what it has cost them. And did it really cost them?

so when someone breaks into you house and don't do any damage, maybe even clean the house for you, and of course fix the lock and even washed your car, then the breaking in would be okay?

 

[iansilv]

"The Tale of Jason Chen's ****. An apple Exclusive."

 

[mdatwood]

The fact that the kid is a young punk and Apple is a multi-billion dollar company has zilch to do with it.

So, do you think if I called the police right now and told them I think I lost my iPhone and it was most likely stolen they would open an investigation and go breaking down doors?! ROFL. They would basically laugh at me.

Heck, if I called them and told them my car was stolen out of my driveway last night I'm guessing it would be hours before they even showed up to take a report. After that I would probably not hear anything again except through my insurance company.

This has everything to do with Apple being a multi-billion dollar company with lots of pull.

 

[capn7]

Apple should stop. Honestly, it's their fault they entrusted a prototype iPhone to someone who will get drunk at a bar.

 

[azazel-]

I guess California doesn't have real crimes to investigate

Yes, because computer crime task forces should be out busting prostitution rings. Idiot.

 

[gwangung]

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.

Actually, it might be easier than you think, if models with similar looks and similar circuitry appear quickly thereafter.

And, of course, if the prototype contained features/items meant for NEXT year's model, well....

 

[masterlimp]

slap yourself because that is a horrible analogy. you must be a celtic fan upset at your impending implosion.

LOL - Will you marry me?

 

[ReallyBigFeet]

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

And if I were a California taxpayer living in an overtaxed, misrepresented society, I'd have that DA's head on a platter for wasting my time licking the boots of big corporate America. Doesn't California have some criminal activity to pursue that are, you know, vital to the actual SAFETY of their citizens?

 

[gwangung]

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.

Billion dollar industry. Lost prototpye in said industry. Police task is SPECIFICALLY for that type of crime.

Do the math.

 

[gwangung]

And if I were a California taxpayer living in an overtaxed, misrepresented society, I'd have that DA's head on a platter for wasting my time licking the boots of big corporate America. Doesn't California have some criminal activity to pursue that are, you know, vital to the actual SAFETY of their citizens?

Billion dollar industry. Lost prototype.

It seems that you CAN'T do the math.

 

[ReallyBigFeet]

Yes, because computer crime task forces should be out busting prostitution rings. Idiot.

You obviously have zero comprehension of the fact that most vice cases are now substantiated primarily on forensic technology evidence. Heidi Fleiss herself was busted over her large prostitution ring based mostly on wiretapped and forensic audits of her telecom and computer records.

Go back to your Dick Tracy comics sport.

 

[Cartaphilus]

... I do believe that it is a waste of tax payers dollars and law enforcements time. I'm going out on a limb here, and guessing that maybe murderers, serial killers, and child abductors use computers too- of which an expert could be spending time searching for evidence, like tracking down missing children.

Missing children? No need to waste valuable tax dollars on something like that. First of all, no parent should be taking a child anywhere where he might become lost. And why would anyone take a child anywhere without first installing "Find My Child". And if a parent can't keep track of his own kid, and he loses it, he has no one to blame except himself. It would be one thing if we knew the child were kidnapped, but it is pretty clear that this is a "missing" child, and not a "kidnapped" child.

Besides, think of all the money the parents will save on feeding, clothing, sheltering and educating the kid. Not to mention that they were interviewed on all the morning talk shows, and that free publicity is certainly worth a lot.

And these parents, I heard, are very wealthy anyway, and they have contributed a lot to political campaigns, and they know the chief of police and the mayor personally. And here they are throwing their weight around forcing the police to waste their time and our money looking for their kid, who they couldn't be bothered to look after themselves, when they should be spending their time on real crimes like murder and father-raping.

 

[ReallyBigFeet]

Billion dollar industry. Lost prototype.

It seems that you CAN'T do the math.

Prove your case....what damages has Apple suffered due to this loss? Make sure you back out the press coverage/media hype that equals free publicity for their pending sales of said device.

I can do the math just fine. You, on the other hand, have difficulty with perspective.

 

[tingly]

And if I were a California taxpayer living in an overtaxed, misrepresented society, I'd have that DA's head on a platter for wasting my time licking the boots of big corporate America. Doesn't California have some criminal activity to pursue that are, you know, vital to the actual SAFETY of their citizens?

The incident could cost millions in tax income for the gov't. Apple is in Santa Clara County. San Mateo's DA has no Apple boot to have relations with.

Felonies are never a waste of time/money to investigate.

 

[capn7]

Missing children? No need to waste valuable tax dollars on something like that. First of all, no parent should be taking a child anywhere where he might become lost. And why would anyone take a child anywhere without first installing "Find My Child". And if a parent can't keep track of his own kid, and he loses it, he has no one to blame except himself. It would be one thing if we knew the child were kidnapped, but it is pretty clear that this is a "missing" child, and not a "kidnapped" child.

Besides, think of all the money the parents will save on feeding, clothing, sheltering and educating the kid. Not to mention that they were interviewed on all the morning talk shows, and that free publicity is certainly worth a lot.

And these parents, I heard, are very wealthy anyway, and they have contributed a lot to political campaigns, and they know the chief of police and the mayor personally. And here they are throwing their weight around forcing the police to waste their time and our money looking for their kid, who they couldn't be bothered to look after themselves, when they should be spending their time on real crimes like murder and father-raping.

And the douchebag of the week award goes to...