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I'm not mounting a legal defense, I'm mounting a moral defense. If you thought you would get away with it, and if you thought you would benefit from it, you would commit a crime. So yeah, it should absolve what happened afterwards. Or if you don't think it should be absolved, then Apple should be held to greater a punishment than those who erred because of them.

Jodie Foster would run away if she ever saw you standing next to a pinball machine. It is hard to imagine there are adults in the world, in 2010, that have beliefs like yours.

-- Crime is Ok Everyone is doing it
-- It is the victims fault, not only were they asking for it, they are responsible
 
Man, Jason Chen is one UGLY BASTARD! He should also be charged with indecent exposure - of that face. Ugh!
165733-chen_iphone.jpg
 
So going to a bar to drink with a top secert important iPhone, getting drunk/carelessly leaving it there is doing nothing wrong? Not taking enough precations when handling a million+ prototpe iPhone carelessly seems wrong. It's not a mass produced iPhone, but a special one, and this guy is an ass hole for even bringing it to a bar, and even more of an idiot for leaving it there. It seems like Gray DID SOMETHING WRONG. :rolleyes:

So you steal from people and justify it if they had a couple drinks? :rolleyes:
 
Sorry, I don't get it, how that can be any speculation. Maybe I'm too tired. If you buy something for 5 k $ you know it's not a normal phone, and you know it's not legal, just bc. the other guy found it.

I'll try again. The point is first to identify who is primarily responsible for any wrongdoing and who is auxiliarily so. Apple seems to be the one who should assume the primary responsibility, and everyone else should be treated as auxiliaries. Hence, the greater punishment to the greatest wrong first, and then go down the line accordingly. What ought to be Apple's punishment in this instance? I'd like to think: lesson learned. Same goes for the rest of them (they learnt their lesson and I can assure you are scared sh@#tless right now of the legal threat).
 
Jodie Foster would run away if she ever saw you standing next to a pinball machine. It is hard to imagine there are adults in the world, in 2010, that have beliefs like yours.

-- Crime is Ok Everyone is doing it
-- It is the victims fault, not only were they asking for it, they are responsible

What's sad is that people don't have the reading (or philosophical) skills to comprehend what I'm saying and run amok in wild interpretations of what I am saying.
 
I'll try again. The point is first to identify who is primarily responsible for any wrongdoing and who is auxiliarily so. Apple seems to be the one is should assume the primary responsibility, and everyone else should be treated as auxiliaries. Hence, the greater punishment to the greatest wrong first, and then go down the line accordingly. What ought to be Apple's punishment in this instance? I'd like to think: lesson learned. Same goes for the rest of them (they learnt their lesson and I can assure you are scared sh@#tless right now).

Apple did not do the greater wrong. First, Apple didn't intentionally lose the phone, nor did its agent. It had to test the phone, and it was entitled to rely on the assumption that if lost a finder would obey the law and return it or turn it over to the police. There is no evidence apple's agent was drunk, and even less evidence that Apple was negligent in trusting the phone to its agent (i.e. that Apple knew or should have known he was irresponsible).

The greatest wrong was done by the fellow who found the phone and, with full intent, converted it to his own use by selling it in violation of the law.

The second greatest wrong was done by Gizmodo for intentionally buying stolen property that it full well knew (or at the very least should have known) was stolen property.

(This ignores the misappropriation of trade secrets aspect, which flips the level of wrong between Gizmodo and the finder)
 
So going to a bar to drink with a top secert important iPhone, getting drunk/carelessly leaving it there is doing nothing wrong? Not taking enough precations when handling a million+ prototpe iPhone carelessly seems wrong. It's not a mass produced iPhone, but a special one, and this guy is an ass hole for even bringing it to a bar, and even more of an idiot for leaving it there. It seems like Gray DID SOMETHING WRONG. :rolleyes:

Please show me your evidence that:

Powell got drunk
Powell was careless
Powell left it laying around in the bar

You CAN'T because no such evidence exists. ALL you have is the story printed by Gizmodo and that was per the story told to them by the person that stole the iPhone! Now, we CLEARLY know that the person that stole the iPhone is of low moral character, so, you'll forgive me if I don't any portion of his story that is all about covering his own ass.

Further, Gray Powell is a baseband engineer for Apple. IT IS HIS JOB to test the iPhone out in the wild. Why the hell do you think Apple went to the trouble of disguising it with a special case so it looked like an iPhone 3GS? So Gray Powell could only use it at Apple HQ? No! The WHOLE POINT is for Gray to take the iPhone out in the field during his normal everyday routine and test it in the same ways it would traditionally be used by the masses. In bars, in restaurants, in supermarkets, at the park, on the highway, etc....etc....etc.

Again, Gray Powell still has his job. The iPhone was taken on March 18. If he had done something wrong or in violation of company policy, do you really believe he would still have his job?

Mark
 
Apple did not do the greater wrong. First, Apple didn't intentionally lose the phone, nor did its agent. It had to test the phone, and it was entitled to rely on the assumption that if lost a finder would obey the law and return it or turn it over to the police. There is no evidence apple's agent was drunk, and even less evidence that Apple was negligent in trusting the phone to its agent (i.e. that Apple knew or should have known he was irresponsible).

Apple's intentions and foresight are irrelevant.

The greatest wrong was done by the fellow who found the phone and, with full intent, converted it to his own use by selling it in violation of the law.

This is the point of disagreement it seems. The greatest wrong in this case is first and foremost the irresponsibility that lead to the loss, for whatever reasons, of the phone (assuming it was lost and not stolen). Then everything else you said follows.
 
When did anyone STEAL anything?

Hmm, right about...

Person X, for whatever reason, decided to sell the phone to a journalist.

there ^

Whatever happened to "losers weepers, finders keepers"?

It only applied when you were like, 5 years old. Wait, no, actually it didn't even apply then.

he's an idiot for losing it in the first place.

I know, right? Totally! Just like if you're dumb enough to leave your car running to deice the windshield and someone drives off in it. It's not grand theft auto, it's owner stupidity! I hear you man.

( :rolleyes: )
 
I'll try again. The point is first to identify who is primarily responsible for any wrongdoing and who is auxiliarily so. Apple seems to be the one who should assume the primary responsibility, and everyone else should be treated as auxiliaries. Hence, the greater punishment to the greatest wrong first, and then go down the line accordingly. What ought to be Apple's punishment in this instance? I'd like to think: lesson learned. Same goes for the rest of them (they learnt their lesson and I can assure you are scared sh@#tless right now of the legal threat).

Apple/Powell is responsible for the loss of the phone. The finder is responsible for selling it. Gizmodo/Chen is responsible for buying it. These aren't children. These are adults who are responsible for their own choices. Apple isn't their mama. (You may have a considerable point for a civil case.)
 
Apple's intentions and foresight are irrelevant.



This is the point of disagreement it seems. The greatest wrong in this case is first and foremost the irresponsibility that lead to the loss, for whatever reasons, of the phone (assuming it was lost and not stolen). Then everything else you said follows.

Nonsense. Taking affirmative action intentionally always renders you more responsible than accidents. This is both morally and legally true. If I kill you because I was negligent it's mere manslaughter. If I kill you intentionally it's murder. Both philosophy and the law make the distinction between a bad result that occurs from inattention or negligence and one that occurs from intentional action.
 
Man, Jason Chen is one UGLY BASTARD! He should also be charged with indecent exposure - of that face. Ugh!

Well, that's a little mean, but it was nice of Mr. Chen to take a nice mugshot of himself (and publish it online) for the coppers...while holding the stolen goods no less.

Well played, Chen, well played indeed.

*golf clap*
 
ooo, ooo

The police are agents of AAPL, I think this wack story should be the basis of next season's 24. Jack Bauer exposes corporate Amerika's control of the organs of power.....Goldman Sachs and AAPL, sending death squads to erase any poor, hapless citizen who DARES to cross the corporation. Death to freedom Death to enterprise, Death to Journalists. But beware, next comes Death to fanbois....and that means you.
 
Apple/Powell is responsible for the loss of the phone.

Please present your evidence that Apple/Power is responsible for the loss of the phone.

You can't! All you have is the STORY told by Gizmodo which came from the thief that stole the iPhone. Experience has taught us that, more often than not, thieves will lie! So, for all we know, the iPhone was taken from Gray Powell without his knowledge.

In fact, we have a bit of proof in that regard. It was reported today that Gray Powell, accompanied by an attorney, filed a stolen iPhone report last week. STOLEN, not lost. It is a criminal offense to file a false police report.

Mark
 
BTW, I forget where I read it during my travels around google news links today, but the DA's office is already reviewing evidence to consider what to do about charges. I take it that that doesn't include Chen's equipment.
 
The police are agents of AAPL, I think this wack story should be the basis of next season's 24. Jack Bauer exposes corporate Amerika's control of the organs of power.....Goldman Sachs and AAPL, sending death squads to erase any poor, hapless citizen who DARES to cross the corporation. Death to freedom Death to enterprise, Death to Journalists. But beware, next comes Death to fanbois....and that means you.

Please present your evidence that there will be another season of 24!

You can't! They have already announced that this season will be the LAST season of 24.

Mark
 
The police are agents of AAPL, I think this wack story should be the basis of next season's 24. Jack Bauer exposes corporate Amerika's control of the organs of power.....Goldman Sachs and AAPL, sending death squads to erase any poor, hapless citizen who DARES to cross the corporation. Death to freedom Death to enterprise, Death to Journalists.

I hope you didn't buy up all the tinfoil - I have some potatoes I need to bake this weekend.

But beware, next comes Death to fanbois....and that means you.

Please elaborate?
 
Given Apple's famously paranoid levels of secrecy regarding future product enhancements, of course it will make a splash. Other manufacturers try to avoid dealing with this by announcing future products months in advance. It reminds me a saying my old history teacher had with regards to exams and cheating. You can either lock the exam down and try to make sure no one sees it before giving it out. Or you can plaster the campus with old copies of your exams so people know what is coming and have little incentive to cheat. Apple believes in going the former route--hiding everything--so when they do have a huge break in security it is big news.

When you find lost property in a public place (or even in private places) that you know is not yours, you turn it over to the proper authorities. The barkeep at a bar, the hostess at a restaurant etc. You do not exit the premises with somebody's property and then sell it. That constitutes theft.
 
Please present your evidence that Apple/Power is responsible for the loss of the phone.

You can't

What does it matter? It's stolen property by the point of transaction whether it was lifted or lost, and that's tangential to what I was talking about, anyway.
 
Nonsense. Taking affirmative action intentionally always renders you more responsible than accidents. This is both morally and legally true. If I kill you because I was negligent it's mere manslaughter. If I kill you intentionally it's murder. Both philosophy and the law make the distinction between a bad result that occurs from inattention or negligence and one that occurs from intentional action.

I'll ask you to forgive me for I don't quite grasp the affirmative action point (especially pertaining to this matter). Can you elaborate on it slightly?

While I recognize the difference you aptly point to, namely the difference between inattention or negligence and one that occurs from intentional action, I am making a further distinction between straightforward intentional action, and (auxiliary) intentional action that occurs as a direct result of negligence or inattention. The latter form of intentional action should not be taken as equivalent to the former, both legally, and philosophically. ;)
 
What's sad is that people don't have the reading (or philosophical) skills to comprehend what I'm saying and run amok in wild interpretations of what I am saying.

LOL :rolleyes::rolleyes::rolleyes:

Ok Descartes "you should think before you type".

Just because your somewhat educated, doesn't put you on the moral or ethical high ground, you utilize the "word of the day calender" but still somehow able to sound like a toothless hillbilly.

If you were truly philosophical you would understand the simplest form of right and wrong, espionage and reporting...
 
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