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In regards to people saying they just can't understand why the guy didn't turn the phone into the lost and found at the bar, consider this... Of course I don't know the guy and he may have good moral character. But lets not kid ourselves, how many people would go straight to the lost and found after finding an iPhone? For lots of people (sadly) I think it would go straight to the pocket.

Yeah, we call those people ******s...
 
Do you have any sources? The only situation I can remember involved Steve Jobs himself, with the original iPhone.

The original iPhone was tested for over ten weeks before sales launch, by 200 people:

http://mobilitytoday.com/news/007758/iPhone_testing_public

I can see that they would allow out a software development mule that is not in the final case design. They can brick it remotely. I can't see the final design walking out the door with just a run-of-the-mill iPhone case protecting it.

See above. The production field test units often had a case to hide the identity. For example, the originals were made to look like iPods. This one supposedly had a custom case designed to make it look like a 3GS.

I find it hard to believe that Apple would trust the final version of the next iPhone in the wild with a "miscellaneous" software engineer, ...

His resume says he is an iPhone baseband test engineer. Who better to test the phone?
 
Okoberfest anyone?...

oktoberfest-womans-beer1.jpg

Hubba Hubba

Doink! Dropped the phone in the jugs... Ooopsie!
 
I thought Engadget was bad enough.

Gizmodo is nothing but a bunch of *******s running a website.

I take it back, Engadget, you actually understand a little bit of journalism and that you don't pay for an exclusive like Gizmodo. And then out the poor Apple employee.
 
Awesome i love conspiracy talk, planned "accidental" publicity and apple craziness :)
 
I have a feeling we're going to see this guy on those airline commercials that say "wanna get away?" :p
 
If a guy goes into 7-11 and leaves with a case of beer without paying for it or making an attempt to pay for it, it is still just petty theft unless you can PROVE he intended to steal it. That would include presenting sufficient evidence that would allow a reasonable person to reach the conclusion the intent existed - such things as making no attempt to produce the item to a clerk, or intentionally bypassing the register, or not having sufficient money to purchase the item, etc. It is still not a slam-dunk, the circumstantial evidence must be presented in court before a tryer of fact.

The Finder's attempts to return the device (as reported: contacting Apple, asking around, waiting around) are defenses to the specific intent argument.

I'd disagree. It seems to be this is a clear-cut case of theft by conversion. There was not an initial intent to steal the property, but an intent clearly developed at a later time to permanently and knowingly deprive the owner of their right to the property. The defenses you mention are defenses but they're not necessarily strong ones; the holder knew specific contact details for the owner and as far as we can tell "forgot" to try that most obvious route. I'm not familiar with CA law to comment on their specifics of civil conversion vs. the crime of theft by conversion, but in the states I am familiar with this is textbook.

On Gizmodo, I agree with you. They're also likely civilly liable as a converter.
 
I tend to agree

All this sounds so "Un-Apple" that I find it hard to believe. I can't imagine Apple letting a software guy going out with an unreleased iPhone. I know they have to do field tests, but this seems incredulous.

This is seemimg less likey to me.

A low level porgramer has access to take the phone out for the night?
He has the phone in a mock 3gs casing?,
It dons's have a pass codeon?
He doesn't go looking for his lost phone?
Who ever finds it plays with it and tries to take pictures?

It just dosn't add up.

Gizzmo only paid 5 grand for it. I'm sure it would be woth 10 times that.

Where are the details about the internals? ie what's the chip. Whats the battery mAH, part numbers on all the internals.

I can't believe you do a controled leak by leaving it in a bar. What if the "Random Drunk Guy" wandered off with it, then threw it in the bin when it wouldn't work?

I smell a scam.

Jobs is laughing his arse off right now.
 
Originally Posted by Mpm277
In regards to people saying they just can't understand why the guy didn't turn the phone into the lost and found at the bar, consider this... Of course I don't know the guy and he may have good moral character. But lets not kid ourselves, how many people would go straight to the lost and found after finding an iPhone? For lots of people (sadly) I think it would go straight to the pocket.

Yeah, we call those people ******s...
Actually we call them thieves.
 
It seems that there is now a sever backlash against Gizmodo now. Craig Hockenberry (Icon Factory) in his colorful blog post:

Until Gizmodo publicly apologizes to Gray Powell, this is going to be in my /etc/hosts and in all of the DNS servers under my control:

127.0.0.1 gizmodo.com
127.0.0.1 www.gizmodo.com
127.0.0.1 m.gizmodo.com
127.0.0.1 gawker.com
127.0.0.1 www.gawker.com
127.0.0.1 m.gawker.com
 
Finding it hard to believe...

Like I and others before me have said, I still find this story too...incredible. This story just seems off and im sure they are holding back more info.
I know people make mistakes, like leaving your phone at a bar, but it all seemed to convenient. :confused:
 
It does sound to good to be true. I think the the guy who gave it to the mystery person is in on it too. He made sure it was in somebody's possession and then left right after. Apple tried to pull a quick one. ;)
 
I am assuming that Apple knew quite early on this was happening. I'm assuming he must have called and said "hey i'm a moron and lost my prototype Iphone, can you please wipe it?" I'd imagine Steve would be on a rampage if they were able to play around with OS 4 and dig way into it. Maybe Apple was hoping to have it back before anyone figured out there was a case on the phone.

I do not see how this will end well for Gizmodo. Stolen goods are never good to buy and Apple's lawyers are not nice people. :rolleyes:
 
Lookie:

http://gizmodo.com/5520479/a-letter-apple-wants-its-secret-iphone-back


It seems Apple has officially asked for their "device" back....

If this doesn't seal the authenticity of it being an Apple device........

The reply is funny from Gizmodo:

Bruce, thanks.

Here's Jason Chen, who has the iPhone. And here's his address. You two should coordinate a time.

[Blah Blah Blah Address]

Happy to have you pick this thing up. Was burning a hole in our pockets. Just so you know, we didn't know this was stolen when we bought it. Now that we definitely know it's not some knockoff, and it really is Apple's, I'm happy to see it returned to its rightful owner.
P.S. I hope you take it easy on the kid who lost it. I don't think he loves anything more than Apple except, well, beer.
 
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