Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
what happened to that new feature in 3.0? FindMyPhone, yes Apple did set this up they would have got to that phone so fast it would make the guy who found it head spin. Yes this is BS

I wonder about that, too. I find it hard to believe that there isn't some non-stop monitoring of the phone's locations, remote-wiped or not.
 
Gawker media may also face a serious libel suit on their hands from the Apple employee, even if he DIDN'T get fired. If he was named, had his facebook page posted, and other personal details put up by gizmodo without his consent they could be facing a one-two legal punch from apple and the employee very soon. If this so far as hinders his relationships with his personal or professional contacts or any future employer, he has a plausible enough case.
 
come on...

This is all very interesting, but why give the poor guys name...

Sure apple probably already knows who he is, but why put him through the pain of letting everyone (friends, family, etc.) know about the details of his utter fail? :confused:
 
This side of 'news' is just sad. There is no reason to name the employee, just because you have the info. Likewise, the means by which Gizmodo came to have this info is shady at best. Wouldn't it have been better to just pass on the story in favor of being honest?

I hope they get nailed for this.

I could see a crash in all Gawker websites, no more Apple event invites for Gizmodo. A circle of trust, once you're out you can never come back in.
 
If you actually read the Gizmodo article you would know that the person who found it tried calling Apple and no one there took him seriously. :rolleyes:
If you read the article, you'd know that they were easily able to figure out who lost it and did not contact him until they wanted to taunt him.

If you are one of those who don't see anything wrong with picking up "lost" items, selling them and making a business out of this transaction, I'd suggest you hire a lawyer before making substantial decisions as you clearly don't have a good legal sense.
 
If you actually read the Gizmodo article you would know that the person who found it tried calling Apple and no one there took him seriously. :rolleyes:

He knew the guys name and knew the guy had a facebook page. He spent all that time trying to find an Apple number but never thought to look up the guy on FB knowing that he saw his page? That would have been the first thing that would have come to mind because the only Apple number you will find is customer service not one to the engineering department.


B.S
 
If some left a case at the bar and some random guy went through it and found incriminating documents about someone in power, he'd be a hero.

Same thing here. Gizmodo did good. The guy who had a prototype phone out and about while he was tying one on is a moron.
 
Gizmodo names the freaking dude who lost the iPhone???????

Can you imagine if this guy was standing next to Steve Jobs as he is reading Gizmodo while exclaiming...."If I ever get my hands on the imbecile who lost the prototype I'm going stomp on him till his guts spew out!"

No offense to Steve Jobs but he couldn't stomp an ant and make his guts fall out!
 
Is the dude really going to get fired? I think that Gizmodo could of put unknown employee in the headlines and got away with the article.

I feel like unless gizmo do thought putting this guy in public spotlight of the losing the iPhone will protect him, this is a bone headed move.

If they were going to fire him they would have done it already. The phone was obviously reported lost / stolen. I'm fairly certain that they know where all their field prototypes are and who has them at any given time.

Who's to to say that it wasn't stolen from the engineer? Honestly if I was in his position I would have said it was stolen from me regardless. Right out of my pocket, or at gun point.
 
Actually, the guy who found it is the one who has the most to fear, and has not been named, for obvious reasons.

...which you're not allowed to do. You have a legal duty to return it to the owner if they ask for it back, and in some cases with lost property, you also have a legal duty in California to attempt to return it to the owner. Selling mislaid property is conversion, which is indeed stealing.

You can sell property that you've found only once you become its lawful owner (which takes time beyond the occurrence of certain events, depending on the type of property it is). If you sell before that point, you are civilly liable for damages.

That's not really accurate. "Finders, keepers" is not the law in California (or anywhere else in the US).

Gizmodo has no choice but to return the device to Apple if they demand it back, and Apple could easily have cause for legal action depending on the circumstances of the sale.

Right. In this case the price of sale($5000 for a smartphone) is an admission to knowing this was a case of economic espionage , rather than a simple finders keepers problem.
 
Lets say you check your bank account and instead of having a balance of $2k you have 2,000,000 dollars in your account. You immediately transfer it to your Swiss Bank Accounts. Did you do any thing wrong? If you don't know that is wrong...

Ignorance of US Law is not a defensible position.
 
B.S.

If you find a lost phone in a bar you could:
1. Leave the phone with the manager so when the owner comes back for it, it'll be there.
2. Turn it over to the police.
3. Look through the contacts/email to figure out who's phone it is and contact them to return it.

The phone was stolen.
 
I agree, this thread is more entertaining than the new Kick-Ass movie. I'm literally sitting here drinking a dr pepper in enjoyment :D
 
This isn't about a stolen phone. This is about the finder and Gizmodo knowingly selling and buying a piece of proprietary property, then exposing it on the internet. It is clearly a violation of the economic espionage act I posted previously. Gizmodo admits to guilt simply by posting it as Apple's secret property. It's not simple theft. Thieves don't usually get ten years for stealing a cell phone. So, ask yourself, given the law I mentioned and Apple's immense power, why did this ever get to the web? Its stinks of conspiracy. Gizmodo is in on it. Take a look at their website and the material they publish from these tech companies. Its just like the National Inquirer or US magazine. In those cases, celebrities need PR to stay relevant. Many of the articles you see in those rags are generated by the PR teams the celebrities hire. Do you really think Pamela and Tommy couldn't stop the open selling of their sex tape? They made millions both directly and indirectly from its distribution. Lawyers can stop anything from happening just by asking a judge for a little time. If Apple does nothing to Gizmodo, then we have our answer.
I'm not saying Gizmodo isn't in on it, I'm just saying it wasn't theft. If Gizmodo broke into Apple's HQ and took pictures of a secret prototype, there would obviously be an issue. If Apple trusts some twenty-something to take their super secret prototype out on the town, and he gets wasted and just leaves it lying in a bar, do I really feel badly for Apple? Not hardly.
 
Apple still hasnt tried to get it back... its not illegal unless they want it back thats like saying you find $20 on the ground its not illegal unless someone says that that was their $20 and can prove it

Maybe thats not even what the phone looks like since it was an older model

Geohot (the iphone/ps3 hacker) offered to get it to turn on how would that be if they took up his offer!
 
I believe the issue here is knowingly selling, purchasing and exposing to the public Apple's trade secrets. From the wiki:

18 U.S.C. § 1832,
http://en.wikipedia.org/wiki/Economic_Espionage_Act_of_1996 criminalizes the misappropriation of trade secrets related to or included in a product that is produced for or placed in interstate (including international) commerce, with the knowledge or intent that the misappropriation will injure the owner of the trade secret. Penalties for violation of section 1832 are imprisonment for up to 10 years for individuals (no fines) and fines of up to US$5 million for organizations.

Gizmodo is either run by complete idiots or knew Apple wanted this out. It's as simple as that. We will know the answer when and if Apple files charges. No charges, no crime, no stolen phone. Just a huge PR coup for Apple and the pub that will now be filled with people hoping to score the next Apple tablet prototype.

Quite possibly but this act, as I have been told, has been compromised many times on First Amendment issues. The open source community has reverse compiled many proprietary code and circuit designs with threats of this act being enforced. Also, in several cases, sometimes the entity that was being represented by the prosecution was not willing to divulge further trade secrets to in fact show that there was damage done.

Talk to any good corporate / IP / criminal attorney and you know how hard it is to prosecute this with a good defense trail lawyer. I many cases, things like this can end up in civil court for years without an eventual dismissal of the case as technology progresses.
 
He knew the guys name and knew the guy had a facebook page. He spent all that time trying to find an Apple number but never thought to look up the guy on FB knowing that he saw his page? That would have been the first thing that would have come to mind because the only Apple number you will find is customer service not one to the engineering department.


B.S

Exactly. The whole thing just wreaks of bad faith. The guy who found the phone wanted money for it. That is the only reason he contacted Apple and why he didn't message Gray on Facebook.
 
Hope you never make a mistake where someone, a stranger can choose to make a few bucks or end your career.. And they choose to end your career for a few dollars.

Where do you live, Utopia? We are in America are we not, people career are made and killed because of stuff like this. You make it sound like this is bigger deal than all the crazy insane things we do to people every day. This is nothing, go read a book or two about how business really is, and go take another ethic class so you can feel all good inside.

So much fun to see Apple cult going in circle. Can't wait for the next news maybe it will have Steve chastising someone or with a big ass smile.:rolleyes:
 
If some left a case at the bar and some random guy went through it and found incriminating documents about someone in power, he'd be a hero.

Same thing here. Gizmodo did good. The guy who had a prototype phone out and about while he was tying one on is a moron.

Matters of national security or whistleblowing are one thing, and as such are protected under the law.

A company's property for the sole purpose of future commerce and earnings (with public shareholders at stake) is COMPLETELY different.

Don't piss on my leg and tell me it's raining.
 
Damn it. I like how we get to have a sneak peek. But I wished I could have been surprised in June instead. -___-

And just blowing out the guy's name to the whole world is such a freakin' @$$ move. Is it that necessary to ruin this guy's career; the dude probably has some talent in the technology world, but a company wouldn't want to hire his ass since he lost a prototype iPhone.

Hmph. Wonder if he's going to hang himself like the Chinese man that reportedly lost a prototype. yeah, nice going.
 
If some left a case at the bar and some random guy went through it and found incriminating documents about someone in power, he'd be a hero.

Same thing here. Gizmodo did good. The guy who had a prototype phone out and about while he was tying one on is a moron.

How is this a good analogy? How is a prototype phone that legally belongs to Apple incriminating evidence? If you are referring to the pentagon papers incident, then there was an overall public good being served (even then, that was a matter of opinion to some people). I don't see how this is anything but a federal crime or a PR stunt.

BTW, the Pentagon papers were stolen, but the RAND Corp employee(Ellsberg) was never convicted due to rampant government corruption in the case.
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.