Details of Lost Next-Generation iPhone Saga Revealed in Search Warrant Affidavit

[gwangung]

If I were you I'd go and look up the definition of libel, which is a false and defamatory statement about another person.

Which did not fit what he said.

For one thing, Mr. Hogan would have to prove the original poster knew it was a false statement.

Given that it was an inference that was reasonably drawn from facts available to the original poster, this would not be shown.

 

[tingly]

To win a libel case, you have to prove damages. I could call someone here a lying commie pinko nazi klansman, but they wouldn't be damaged by it.

 

[omgwut]

Good, that Gizmodo writer acted like a complete doucher.

 

[kuato]

in america, you are innocent until proven guilty

 

[marksman]

I am laughing so hard I actually had to go to the emergency room and get stitches before I could come back and post.

I wonder how all those people who were defending this guy feel now.

The evidence, which included a desktop computer, USB flash drive and memory card, and stickers from the iPhone prototype, were found in a church, under a bush, and in a gas station parking lot.

LMAO.

Hogan's roommate relates a story very similar to that previously related by Hogan to Gizmodo, suggesting that another bar patron had picked up the iPhone and given it to him thinking it was his. It is unclear exactly how Apple engineer Gray Powell lost the iPhone, although he noted that the last thing he remembered was placing it in a bag he had brought with him to the bar. The bag was later knocked over, and it is possible that the phone fell out at that time.

Again this is hysterical. The idea that someone gave him a phone that was not his is not better it is worse. I suspect what really happened is the guy stole it out of Powell's bag.

Hogan's roommate also noted that she and other attempted to talk him out of selling the prototype iPhone by pointing to the effect it could have on Powell's career, but he was unswayed. Hogan reportedly said, "Sucks for him. He lost his phone. Shouldn't have lost his phone."

This of course answered my first question, because those defending this scum bag said the same exact thing. LMAO LMAO LMAO.

This is one of the funniest things I have ever seen.

No matter what happens, Colonel Hogan will have this follow him around the rest of his life. God Bless the Internet.

 

[ddarko]

LOL... so now Gizmodo is quiet???

Those hit counter hungry "Bloggers" have been milking this story with every twist and turn for profitable ad clicks...

Suddenly quiet over there with the release of the affidavit.

I'm not in Gizmodo's corner at all but what else are they going to do with a criminal investigation hanging over them? At least now they seem to be getting halfway decent legal advice to do the barebones reporting without shooting their mouth off.

It appears the $8500 figure is the money that Hogan ALREADY received. Gizmodo's promised bonus is NOT a part of that figure. Since it's already known Gizmodo's upfront pay was $5000, who paid the other $3500? Engadget for the photos but not the actual device?

Perhaps this is why Engadget has been completely silent about this affidavit. Their role is are also being investigated by the police.

 

[jimmyjoemccrow]

Overall, the investigation remains ongoing and neither Chen nor Hogan has been charged in relation to the case. The entire affidavit is fascinating to read and is available in its entirety.

Anyone tried that site in HTML? It's rubbish. Takes an age to load and scrolling is jerky. The Flash version is only a little better. When I scroll the mouse wheel it scrolls the entire webpage as well as the document.

 

[gwangung]

I'm not in Gizmodo's corner at all but what else are they going to do with a criminal investigation hanging over them? At least now they seem to be getting halfway decent legal advice to do the barebones reporting without shooting their mouth off.

It appears the $8500 figure is the money that Hogan ALREADY received. Gizmodo's promised bonus is NOT a part of that figure. Since it's already known Gizmodo's upfront pay was $5000, who paid the other $3500? Engadget for the photos but not the actual device?

Perhaps this is why Engadget has been completely silent about this affidavit. Their role is are also being investigated by the police.

Can we all say that this is journalism amateur hour here? Anyone who has any training wouldn't have done what this affadavit said they did.

 

[alhedges]

If I were you I'd go and look up the definition of libel, which is a false and defamatory statement about another person. You accused him of being a shady character who deliberately stole the phone in a premeditated fashion. That sounds pretty defamatory to me.

You are wrong. Libel only applies to statements of fact, not statements of opinion. (At least in the US.)

Otherwise, there would be a libel suit whenever someone called someone else an a**hole.

 

[PsudoPowerPoint]

... Its a BIG mistake on Apple's part to trust a young 27 year old with something priceless. Yet, this Brian guy should have done the right thing. Now can someone explain the 2 other leaked prototypes?

People of all ages make mistakes, and in my experience, age not a predictor of character.

The military is willing to put people in there 20's in the cockpit of their most expensive military systems.

 

[Rot'nApple]

Apple engineer Gray Powell lost the iPhone, although he noted that the last thing he remembered was placing it in a bag he had brought with him to the bar. The bag was later knocked over, and it is possible that the phone fell out at that time.

He couldn't tell if it fell out of the bag for certain, he was too blitz at the time! Enjoy Luftansa's free air travel to Munich and a real beer garden!

Hogan's roommate also noted that she and other attempted to talk him out of selling the prototype iPhone by pointing to the effect it could have on Powell's career, but he was unswayed. Hogan reportedly said, "Sucks for him. He lost his phone. Shouldn't have lost his phone."

Apple should give him a free iPhone 4G with their complimentary iSpy software to gather incriminating evidence of future crimes like stealing, cheating on girlfriend etc. and when they rat him out, say "Sucks for you. Shouldn't have accepted this free 4G iPhone."

The documents also include an email from Gizmodo editor Brian Lam to Apple CEO Steve Jobs in which he offered an explanation for his publication's actions and expressed disappointment that Gizmodo had been receiving less attention from Apple than other media outlets recently.Apple also documented damage to the prototype iPhone upon its return, noting that a ribbon cable had been broken, a screw had been inserted incorrectly causing an electrical short, snaps for the back plate had been broken, and several screws had been stripped.

Steve, put it on 'ebay', with signed copies of Affidavit. That should bring in a tidy sum!

 

[Oman]

I did not understand the purpose of the warrants after Apple had received their phone back, but now i understand all if this is an attempt to go after Gizmodo. The evidence apple is accumulating is only incriminating the folks over at Gizmodo.

The affidative said other tech blogs were contacted I would like to know if they tried to buy it and were outbid or did they refuse to pay for it.

 

[ihaveNFC]

I'm sure this was mentioned somewhere within the last 10-11 pages, but that girl should get free Apple stuff for life (or something).

 

[severe]

in america, you are innocent until proven guilty

But as an American, you're often guilty until proven innocent.

 

[the vj]

Roomates...

I just had a good experience with a roomate, the rest of them I had to hold on very hard to avoid murdering them because they deserved so bad.

My roomates are the people I hate the most in this world, I wish them the worst pain ever and hope they will go to hell and soon...

And the roomate of this guy is a good example. Die in hell.

 

[ihaveNFC]

I just had a good experience with a roomate, the rest of them I had to hold on very hard to avoid murdering them because they deserved so bad.

My roomates are the people I hate the most in this world, I wish them the worst pain ever and hope they will go to hell and soon...

And the roomate of this guy is a good example. Die in hell.

Maybe she was in your shoes?

 

[marksman]

Considering the seriousness of the investigation and the behaviour of some of the defendants regarding other items of evidence, I'd say the execution of the search warrant was completely justified.

Yeah. I saw before today, it was justified, but now with all this information, I think the police would have been downright negligent to not have pursued this criminal conspiracy further.

I definitely supported him and chen. Innocent until proven guilty. Now we've got more information (which is still being tested) we've got more of a picture. Certainly nothing to be gained to jumping to premature conclusions and attacking an individual based on nothing but hearsay media reports.

LOL. Da Nile ain't just a river in Egypt.


You do know the core part of today's documents comes from a police investigation right?

 

[ranReloaded]

But as an American, you're often guilty until proven innocent.

In Soviet Russia, guilty is proven you!

 

[StevieJobsworth]

If I were you I'd go and look up the definition of libel, which is a false and defamatory statement about another person. You accused him of being a shady character who deliberately stole the phone in a premeditated fashion. That sounds pretty defamatory to me.

Actually you're both wrong. In common law jurisdictions (though US is slightly different) an opinion is libellous, though in certain circumstances it may be subject to a defence of fair comment. Also statements don't have to be false to be libellous, it is merely a possible defence if they are true; for example in the UK it is libel to make allegations about a woman's chastity, even if she has had sexual relationships.

 

[nstreet16]

I like apple products but honestly...

Apple is a bully. Its complete BS to believe anyone in their right mind that could break a huge story like this wouldn't take advantage of that. Thats like telling the National Enquirer or People Magazine to hold off on releasing information about Jesse James' whores because Sandra didn't want anyone to know.

Apple is a bully because they utilized their power, in which any company would deny, to attack Gizmodo. While its true that consumers would've probably held off waiting for the new iPhone... they should've been smart and change into good PR leaking over small bits of info to the public.

Attacking journalists over this can have strong negative impacts on reviewing future Apple products. It happens people. Look at fox news. They can twist any good story to make it sound like its a bad thing.

I'm glad the judge unsealed it and showed the power Apple has over particular entities. The only thing those idiots that sold the iPhone to Gizmodo did wrong was getting caught. Now they look like fools. IMHO.

 

[cppguy]

This sounds like something out of a comedy show. The highlights from today's episode:
* An irresponsible employee of a fruit company gets smashed at a beer garden, losing an invaluable miracle device.
* A good Christian conceals evidence in a church, under a bush, and at a gas station.
* A legally challenged editor publicly admits multiple felonies in electronic media.
* His boss justifies all of the above by complaining that they had been getting the cold shoulder lately.
* A fast thinking detective calculates 8500 - 5000 = 2500.

 

[tingly]

Its complete BS to believe anyone in their right mind that could break a huge story like this wouldn't take advantage of that.

At least 2 other websites were contacted. Only Gizmodo bit.

 

[tomccabe]

Its complete BS to believe anyone in their right mind that could break a huge story like this wouldn't take advantage of that.

Several other outlets refused the opportunity, so this assertion is simply false.

Attacking journalists over this can have strong negative impacts on reviewing future Apple products. It happens people. Look at fox news. They can twist any good story to make it sound like its a bad thing.

This doesn't mean anything. Jibberish.

The only thing those idiots that sold the iPhone to Gizmodo did wrong was getting caught.

What a dumb thing to say.

 

[tomccabe]

This sounds like something out of a comedy show. The highlights from today's episode:
* An irresponsible employee of a fruit company gets smashed at a beer garden, losing an invaluable miracle device.
* A good Christian conceals evidence in a church, under a bush, and at a gas station.
* A legally challenged editor publicly admits multiple felonies in electronic media.
* His boss justifies all of the above by complaining that they had been getting the cold shoulder lately.
* A fast thinking detective calculates 8500 - 5000 = 2500.

LOL, the last 2 killed me.

 

[ranReloaded]

I'm glad the judge unsealed it and showed the power Apple has over particular entities. The only thing those idiots that sold the iPhone to Gizmodo did wrong was getting caught. Now they look like fools. IMHO.

The document seems to indicate otherwise. But let's let the justice system work it out.