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Funny how just changing the wording to something like "Criminal Investigation of Stolen Item Spurred by Victim's Request" can make a difference, eh? Gizmodo bought what sounds a lot like a stolen item for a large amount of money, meaning the investigation is felony purchase of a stolen item under California law. From what I've read from Gizmodo, they've essentially nailed their own coffin shut on that on. They bought what they had to know was a prototype (they inspected it before handing over $5K - no matter how you try to spin it, I can't believe they had any doubt of its authenticity), flaunted the fact, failed to make any reasonable attempts to contact the owner (whose name they obviously had since they had no problem publishing it) or the authorities, proceeded to use the letter requesting the return of the property to its owner as proof of its authenticity, then posted photos of a tear-down of the product they performed before returning it, possibly violating misappropriation of trade secrets laws.

Now, everyone is griping about the shield laws that protect the identity of sources. This doesn't sound like an investigation into the source. It sounds like an investigation as to whether Gizmodo's employees committed a felony. Enough evidence was presented to a judge to justify the warrant. Apple being on a steering committee doesn't change the fact that the police are pursuing a criminal investigation. In fact, last I read, the police said that Apple hadn't even contacted them about a theft.
 
How many times can you guys go through these SAME ARGUMENTS on both sides? Aren't you tired of all this already? It's like the 100th thread on this, with the same people saying the same things. :rolleyes:

Tony
 
As suspected, the police already knew the original thief. The warrant, just like it said, was not to find the source of a story. Even if you want to take that angle on what is a matter of grand theft, the source was already known. The warrant was to investigate whether the journalist in question was not in fact working in any journalistic capacity, but more basely inciting the misappropriation of trade secrets and conspiring to commit grand theft and receive stolen property.

We'll find out!

The goal is to eliminate any third parties who are not interested in writing articles on unreleased phones, but whom would be interested in the IP that is in the phone.
 
I really still think this is all a set up. Do you know how much publicity Apple and Gidmodo are getting from this?

Why on earth would an APPLE ENGINEER just "loose" the NEXT IPHONE??? He would be guarding that piece of technology WITH HIS LIFE.

Apple is just trying to hype up the iPhone, even more than it already is.

Just like they released the iPad, then announced iPhone OS 4.0... they are just trying to over hype.. and its working

Just my opinion, but I guarantee a different iPhone will be launched this Summer.

Nah... This has gone too far! It's gotten real...and ugly! ;)
 
I parked my car as I went into Starbucks. I stayed in Starbucks for an hour and came out to find my car gone.

I left the bar and after realizing I forgot my phone I called the bar to discover my phone is gone.

My property left the premises of both examples by a third party.

That's theft.
You're comparing a $20,000 item to a $200 phone? I can somewhat see what you're trying to say, but that's a horrible comparison, because to steal a vehicle you need to break into it.
 
It was lost (from the reports I heard) but was there ever an intention to permanently deprive the owner of it?

All he had to do was leave it with the restaurant management to place in their "Lost and Found" section.

Instead, he allegedly left the premises with it in his possession and then sold it to Gizmodo for $5000, which is when it appears to have moved from a case of "lost property" to "stolen property".
 
Stolen?

It was lost (from the reports I heard) but was there ever an intention to permanently deprive the owner of it?

If the Apple engineer hadn't lost it and it was obtained dishonestly, then I can understand the crime implication.

:sigh: Knew I should have included this in my original post.....

Here is a lawyers stance on the situation......

Okay, I just finished talking to my dad about this.

A) The employee being drunk has no effect on the case Apple has against Gizmodo. Zero. Judge will laugh at that defense.

B) The founder did not do enough to locate original owner. Calling Apple's Tech Support in his opinion was a cop out hoping it would cover his ass. What he should have done was the following:

1. Leave his number with the bars owner. He agreed he wouldn't have left it at the bar.

2. use any personal information found in the phone to get in contact with the owner or someone who knew the owner.

3. Called Apple's Corporate Number. Since he knew he worked at Apple, calling their corporate number could have been able to put him on the phone with the owner and get his extension.

4. Go by Apple's Campus himself and talk to security.

5. Email Steve Jobs. I told my dad his email was public and he said that would have been an appropriate action.

6. Turn it into the police.

He failed to do those things which makes him taking the phone stealing. I repeat, the employee being drunk and stupidly losing/leaving the phone at the bar has no effect and doesn't make what the founder did any less illegal.

C) Gizmodo also at least civilly is guilty of misappropriation of trade secrets when they opened up the prototype and published what was inside the case. So Apple can sue Gizmodo for that.

D) Chen is not covered by the section Gawker's lawyer referenced. Any info the police gathers from the seized property can be used against him. The info can not be used against the source( aka the seller), but it doesn't protect the journalist himself( Chen) from doing illegal activity.
 
How many times can you guys go through these SAME ARGUMENTS on both sides? Aren't you tired of all this already? It's like the 100th thread on this, with the same people saying the same things. :rolleyes:

Tony

The debates will never get old!! NEVER!! :D
 
I loved seeing the new iPhone as much as the next person, but what Giz did was wrong. They should never have paid someone for that phone, for all they know it could have been stolen?! It sets a terrible precedent - what happens when someone knows an Apple tester, decides to rob and possibly assault them, so they can get some $ and fame from it.

The person who found the phone should have taken it to the closest police station, handed it in and suggested it be returned to Apple. I hope the full weight of the law is thrown both at Giz and the guy who found the phone so they are made an example of.

Damo
 
Oh yeah, I just had a thought.

They paid the guy $5000 cash. He better report it on his 2010 taxes.
 
I really still think this is all a set up. Do you know how much publicity Apple and Gidmodo are getting from this?

Why on earth would an APPLE ENGINEER just "loose" the NEXT IPHONE??? He would be guarding that piece of technology WITH HIS LIFE.

Apple is just trying to hype up the iPhone, even more than it already is.

Just like they released the iPad, then announced iPhone OS 4.0... they are just trying to over hype.. and its working

Just my opinion, but I guarantee a different iPhone will be launched this Summer.

It'll be the same phone. Not a set up. Not a stunt.
 
I really still think this is all a set up. Do you know how much publicity Apple and Gidmodo are getting from this?

Why on earth would an APPLE ENGINEER just "loose" the NEXT IPHONE??? He would be guarding that piece of technology WITH HIS LIFE.

Apple is just trying to hype up the iPhone, even more than it already is.

Just like they released the iPad, then announced iPhone OS 4.0... they are just trying to over hype.. and its working

Just my opinion, but I guarantee a different iPhone will be launched this Summer.

Oh for Christ sake. Yeah the cops are in on it too. It's a big publicity stunt. Apple is in on it too they needed this publicity cause ya know they don't have any these days. :rolleyes: They also need to not sell any more 3GS' till the new phone hits. People with their conspiracy theories drive me bananas.
 
I wonder if this means we will or if it means we wont get the device. I also wonder what Steve will say at WWDC.

Steve will probably revise the role of I'm a PC guy as was done in WWDC's past to break the ice and bring a little humor to this whole situation, is my guess...

Regarding if that is the final "look" of the device that could possibly be announced, probably is what will be introduced, but I would never pretend to underestimate Steve Jobs. Although, and maybe this is just me, the more I look at the redesign with the buttons on the side and no silver bezel, etc., the more I like it...

June will be here soon enough...
 
There's a real possibility that Apple Engineer Powell's job is on the line here.

Ever wonder if his chances of keeping his job is tied to his claim that the phone was stolen?

The outside law firm referenced in the article may NOT be Apple's, but may be Powell's own doing to KEEP his job.

I've got $5 that says this is very likely.
 
I don't know in the US but here everybody is laughing about the whole thing: apple hires stupid engineers that loose prototypes in beer bars, and then they pretend to get upset with the person who found it... what is this? thrash marketing or what? not even Microsoft would do it worse
 
They're investigating the personal home and life of Jason Chen, not the offices of Gizmodo/Gawker.
A) In connection with a felony.
B) Because his home is used for work purposes.
C) Because they can investigate anything they need to as long as it is tied to this felony—the purpose of a warrant.

I'm not sure what's so complicated about this. It isn't okay to commit a felony in the name of reporting. If laws are broken they should be punished. Receiving stolen goods is breaking a law (and he could be in it too for knowingly revealing trade secrets, etc.). Whether we like someone, or what companies are involved—it doesn't matter. Laws should be enforced, and this is a good law.
 
I just want to see Jason Chen and the Gawker CEO in prison with hardened felons for a few years. Is that too much to ask for?

Maybe... I really don't think they should go to prison, I just want Gizmodo to go down in flames! Their jobs will be enough bwahaha! :)
 
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