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

[Thex1138]

Once Steve found the uni student....

One of these lives... has a future, the other does not.

 

[slackpacker]

apple has officially become "the man"

What would Greenpeace do to you if you gave out and published every covert operation they did to save the whales before they did it?

 

[slackpacker]

This document proves that these guys who took that phone were jerks from the get-go. Anybody defending these jerks on the grounds that they weren't really stealing needs to have a read of this document. They say that they hung around to see if anybody claimed the phone, but according to Powell he was at the bar until near closing. I am guessing he assumed the phone was still in his bag when he left.

Incidentally, I think Powell's story indicates something that could happen to any of us. I feel bad for the guy. The only thing I think he could have done better was keep his phone in his front pocket instead of a bag -- especially when it is worth that much to Apple. But of course I am saying that with 20/20 hindsight.

When Apple chose to field test a prototype they assumed the risk of this happening and has to assume the responsibility of the loss as a whole -- not use Gray Powell as a scapegoat. I'm glad to hear that so far he has not been found to have done anything wrong.

All I can say is that if this was my iPhone that got lost, found, sold and then vandalized even after those in possession were aware of my identity as the owner of the phone that I would be calling it theft.

When the iPhone came out I remember Apple had employees testing the phone in public places quite a bit before its release this is to test its signal in real world situations. Whats funny is I had the exact same thing happen to my iPod in a bar... but I didn't get it back also no news story was published by the guy who.... I think stole it out of my bag.

 

[jca666us]

Actually the truth is much more entertaining - that the loss of the phone was accidental and stolen by two morons.

The best part is Brian Lam extorting a letter from Apple requesting them to admit the phone is theirs before returning the device.

I figure Jason Chen and Brian Lam are gonna be bunk mates with Bubba for a while

Of course doing a teardown on a prototype phone and breaking it should ensure substantial jail time -

I wonder if apple tried to kill 3 birds with one stone here....

1. 'out' a possible snitch in apple... Gray Powell
2. have gawker and gizmodo setup to take a mighty fall and be exposed as hack rumor journos by not resisting publishing the 4thgen secret bits and at the same time maybe break some laws
3. free advertising for apple, but release something totally different on the day

Is it feasible to believe that apple had suspicions over Gray, wanted to see the 'leak' trail, kill off a rumour site and spook every competitor into a false direction?

hmm

 

[andiwm2003]

Chen and Hogan will NOT be charged!

This is Apple's evil plan of ripping the free benefits of the press and free advertising. Apple is playing along like they're dumbfounded until the last minute and decides to drop all charges. I have no doubt this is exactly Apple's plan.

Charging these two good Samaritans will only mislead other companies to file charges against anyone that found their products. This also lead people to behave like Apple (a secret org) when they found something. Normally, we want to encourage good behavior by returning something we found. But if we found something and get a lawsuit, we aren't going to return anything. Don't you guys see that this case is (or was) an honest lost and found case and played out by Apple. Apple being the director.

I understand that you're suppose not to sell trade secrets or buy, but if you found it. You didn't commit a crime. If an employee at Apple told Chen that he downloaded the codes for iPhone OS and want to sell it for $5million, then there's a problem.

But if you found the codes in a bar, its your to keep or return as long as you don't produce or infringe on their copyrighted material.

Let's see Apple go after the Vietnamese since their leaked iphone looks more like a ready-to-sell.

Case and point. This one guy found Dr.Pepper's secret formula. Dr.Pepper didn't file charge against him. Google Dr.Pepper's secret formula and you'll know.

LOL

Either you're 13 years old our you need to get your brain checked. Even if you're 13 I would be worried.

 

[The Man]

Hey man, I found a car, and the keys are still inside! Sweet! Oh man, you know what they say: "Finders keepers, losers weepers." This is so my lucky day! There's this business card of the person it might belong to inside the glove compartment, but I'll just throw that away. Dumb person, leaving his keys in the car. It's his own fault. Now it's mine, all mine! Maybe I'll sell it to make me some money, because I already have a nice car at home.

 

[macquariumguy]

I don't blame the guy who got the phone, and sold it... I don't blame Gizmodo for buying the phone... and I don't blame Apple for asking for it back... who do I blame? I blame the idiot who took a PROTOTYPE phone to a bar where people get drunk and lose sh**!

You blame the victim. Got it.

 

[mccldwll]

I wonder if apple tried to kill 3 birds with one stone here....

1. 'out' a possible snitch in apple... Gray Powell
2. have gawker and gizmodo setup to take a mighty fall and be exposed as hack rumor journos by not resisting publishing the 4thgen secret bits and at the same time maybe break some laws
3. free advertising for apple, but release something totally different on the day

Is it feasible to believe that apple had suspicions over Gray, wanted to see the 'leak' trail, kill off a rumour site and spook every competitor into a false direction?

hmm

You watch too much bad TV.

 

[mccldwll]

Chen and Hogan will NOT be charged!

This is Apple's evil plan of ripping the free benefits of the press and free advertising. Apple is playing along like they're dumbfounded until the last minute and decides to drop all charges. I have no doubt this is exactly Apple's plan.

Charging these two good Samaritans will only mislead other companies to file charges against anyone that found their products. This also lead people to behave like Apple (a secret org) when they found something. Normally, we want to encourage good behavior by returning something we found. But if we found something and get a lawsuit, we aren't going to return anything. Don't you guys see that this case is (or was) an honest lost and found case and played out by Apple. Apple being the director.

I understand that you're suppose not to sell trade secrets or buy, but if you found it. You didn't commit a crime. If an employee at Apple told Chen that he downloaded the codes for iPhone OS and want to sell it for $5million, then there's a problem.

But if you found the codes in a bar, its your to keep or return as long as you don't produce or infringe on their copyrighted material.

Let's see Apple go after the Vietnamese since their leaked iphone looks more like a ready-to-sell.

Case and point. This one guy found Dr.Pepper's secret formula. Dr.Pepper didn't file charge against him. Google Dr.Pepper's secret formula and you'll know.

With thinking like that you're going to end up behind bars some day.

 

[Mazda 3s]

So why not fire/sue the guy who lost it?
Surely he has breached his NDA, intentionally or not by lack of due care
Because Apple just want to throw their weight around is why, and make Gizmodo an example

Umm, he was using the phone like he was supposed to in a real world setting. It wasn't malicious. What if someone mugged him and stole the phone -- would you still sue? Where do you draw the line?

 

[ihaveNFC]

Unknown man comes on stage to start the keynote to applause. "Welcome to WWDC and the Apple keynote, my name is Gray Powell." laughter/applause/boos "We have lots of incredible announcements to make this morning. Let's get this keynote started." Pats his pockets looking for something. "[to an unseen someone off the side of the stage] I can't find the clicker." Steve Jobs comes onstage with the clicker and gives Powell a friendly push off the stage.

It'll never happen. More than a slight allusion to the lost phone like "as you may have seen on the web..." would surprise me.

I think this would be absolutely hilarious and a classy way of tossing the mud back into the face of critics.

 

[Hal Itosis]

Meanwhile, the black eye that all of this is giving Apple in the public perception has turned to that nice purple that good bruises have. As more details come out, the greens and yellows of serious bruises will start to appear.

Thanks to Jon Stewart, a large number of people think that "Apple broke down someone's door because of a lost phone".

Thank you, Jon Stewart.

Apparently we saw two different Daily Shows. In the one I saw, John was fawning over Apple for the most part. And —in the few areas where he did deliver discernible criticism —even much of that was done with a perceptible apologetic tone, going mostly for laughter at the absurdity of the circumstances than any serious condemnation. It seemed like he was more embarrassed for loving Apple as opposed to managing any heartfelt anger. The one company he truly did clobber in that skit was AT&T.

Quite honestly, I think you do Stewart a disservice by trying to pull him that deep into your corner.

the whole thing never would have happened if he was smart enough and took more pre-cautions.

I'm glad you all act like class citizens here and have never said " sucks to be him" or " finders keepers"

Secondly... I don't blame the guy who got the phone, and sold it... I don't blame Gizmodo for buying the phone... and I don't blame Apple for asking for it back... who do I blame? I blame the idiot who took a PROTOTYPE phone to a bar where people get drunk and lose sh**! Dumbass move, seriously.

Yes, it was really Powell's fault for being so clumsy (read:human) as to give Hogan et. al., the opportunity to engage in criminal conduct. Gray showed no consideration for his fellow man whatsoever... publicly celebrating his birthday with friends that way.

Also this Matison chick stright up SNITCH ha.

I don't care how much of a Apple extremist you are... you know damn well in the streets... people would get killed over that. Thats called two-facedness.

Oh and yeah... that roommate is a total snitch.

Yes the roommate sounds like a little snitch ass baby.

Oh... tough guys, eh? I suppose if Hogan was your roommate and he had used your Mac to connect a stolen iPhone prototype to the Internet that you guys would have been totally uncooperative when the local constabulary came knocking... right? Oh yeah, you'd just clam up and let them charge you as an accessory (or worse). RIGHT? ... maybe even do a little time, and pay a big fine? Oh yeah... we're all very impressed. Please, tell us more about what "good fellas" you are... and the hard lives you've led.



But this time, think b4 u post... maybe.

___

Edited to include Mr. DougB541 (whatup dawg?), whose vernacular stylings bring an authentic 'gansta flava' street cred to the proceedings.

 

[mccldwll]

Are you privy to the terms of the agreement between Powell and Apple when he left campus with the phone?

The very fact that Apple will terminate an employee for even minor infractions against NDAs and other contracts, without taking into consideration any mitigating circumstances, leads us strongly to believe that Powell is still employed because he was not overly irresponsible with the phone and followed "what happens if phone goes missing" protocol precisely.

If losing an iPhone in the field was a fireable offense, he would be fired.

I don't think that Powell is as central to the investigation as you make him out to be. The only thing he is really important for is to demonstrate that the phone was his and that he didn't voluntarily hand it over to the criminal.

If Apple fires him over it, do you really think he would commit perjury just to stick it to Apple? doubtful.

Exactly. Further, Powell did nothing wrong. He was out with his uncle on his birthday. No excessive drinking. Now I wouldn't carry my phone in a backpack, but he apparently does, and so do many others. Possibly that's one of the reasons he was a field tester. And that's the entire idea behind field testing--to see how products perform and survive under everyday, normal use conditions. Not gentle treatment. Normal use. Maybe even abusive normal use. And while everyone, in hindsight, would have checked to make sure phone was in backpack, mistakes happen. He may have been using prototypes for the past several months, without incident. At that stage, it was just his phone. Powell did absolutely nothing wrong.

 

[angevil]

Someone could find the key, sell it to someone else for $5000, post pictures of it beside its new owner online, damage the key beyond repair in an attempt to disassemble the key to milk the story it and render it inoperable leaving Hogan with no way out of the cell.

THAT would be some justice!

I agree very much. He should get what he deserves. Instead of returning the iPhone to the owner (who he was able to identify through facebook), he sold it. Bad, bad guy..When he decided not to return it, that`s when I′d say he STOLE it. He should be charged, if there is any justice.

 

[krv87]

wow, that's a lot of information. definitely should block out the personal information in those documents though...

 

[Snowcat001]

Why didn't the "finder" just bring it back to Apple, he would have gotten 10.000 $ if he had asked for it just to keep his mouth shut.

It would have gotten him more money, no trouble and a big smile on his face for the time remaining until the launch.

Stupid kid! He's gonna get the blame and he should!

 

[kiljoy616]

I would have hoped that the folks at Apple would have been overjoyed if he'd have handed it in and they offered him something in return.

He is simply a greedy ****.

Or maybe he would have handed it in, apple would still contact the police and be charged with steeling, considering apple has its own little police force something companies don't see to have in other places, why would anyone think it still would not have involved the police.

Sure that special division is not only for apple but seem to be for a small nitch area considering how many billion is california in the hole.

 

[kiljoy616]

wow, that's a lot of information. definitely should block out the personal information in those documents though...

Why, because you have issues with it?

Its open to the public, same for when you get your ass arrested in California, anyone can view, unless a case is sealed, anyone can get the this information after the warrant is served. If they block anything out, then its worse, considering this when up to almost the top, of course it makes sense the attorney would tell the ceo not to attend.

 

[E.Lizardo]

I agree with you 100% Now that I know the entire story, gizmodo/Chen/Brain guy are at way more fault than I previously though. But I still stand behind my words, and I agree with your statement.

So everyone who ever lost a phone was drunk,eh?Sorry,but you fail.You can lose a phone anywhere at any time.

 

[kiljoy616]

What would Greenpeace do to you if you gave out and published every covert operation they did to save the whales before they did it?

Not sure but I guess having your own little police force does seem to have its advantage for such a small area of California?

Actually they probably would not be able to do **** about it, they don't have their own police force catering to their whim.

 

[Mark Booth]

I am absolutely convinced a large portion of the people posting in this thread are 9-10 years old. Their next stop after posting here is their Facebook page to post about how Mary Jane kissed Tommy during recess.

Mark

 

[Atkins]

What new factor? That a newer, better iPhone will be released in June?
How is this any different than last year? or the year before that?
If anything, I think Steve Jobs' comment about making better phones that will compete with Android and that the next iPhone is an "A+" upgrade is a much better reason to wait than this unattractive prototype.

Better or A+ doesn't mean much. You are just left to guess what part would be better. Will it be faster? Probably, but how much? Will it have a better battery life? Maybe. Will it have a front-facing camera? Maybe.
Thanks to Gizmodo, though, you know that it will have a much better processor, better battery life and front-facing camera.
The difference is guessing versus informed decision.

 

[ct2k7]

I am absolutely convinced a large portion of the people posting in this thread are 9-10 years old. Their next stop after posting here is their Facebook page to post about how Mary Jane kissed Tommy during recess.

Mark

I would have to agree with you. The logic is simply not here.

 

[MacModMachine]

Chen and Hogan will NOT be charged!

This is Apple's evil plan of ripping the free benefits of the press and free advertising. Apple is playing along like they're dumbfounded until the last minute and decides to drop all charges. I have no doubt this is exactly Apple's plan.

Charging these two good Samaritans will only mislead other companies to file charges against anyone that found their products. This also lead people to behave like Apple (a secret org) when they found something. Normally, we want to encourage good behavior by returning something we found. But if we found something and get a lawsuit, we aren't going to return anything. Don't you guys see that this case is (or was) an honest lost and found case and played out by Apple. Apple being the director.

I understand that you're suppose not to sell trade secrets or buy, but if you found it. You didn't commit a crime. If an employee at Apple told Chen that he downloaded the codes for iPhone OS and want to sell it for $5million, then there's a problem.

But if you found the codes in a bar, its your to keep or return as long as you don't produce or infringe on their copyrighted material.

Let's see Apple go after the Vietnamese since their leaked iphone looks more like a ready-to-sell.

Case and point. This one guy found Dr.Pepper's secret formula. Dr.Pepper didn't file charge against him. Google Dr.Pepper's secret formula and you'll know.

so i guess you would be fine with me going out and finding your car?

i found it...so its mine...right?

maybe it may be time to return to school......

 

[itsmenyc]

Is my iPhone 3Gs the next priceless prototype? I don't think so. When ever i go places like to a pool, or dances at the YMCA, my 3GS stays at home, and that cheap ass Nokia comes with me. Why can't the immature drinker do just that? Sorry, but you failed.

Not the sharpest knife in the drawer are we?

Imagine the headlines:"the new iPhone has bad reception problems" Well we weren't able to test it in real life situations, we couldn't take the phone out of the test facility, but it worked great in there!

The whole reason they give the engineers the phones is to try them out and work out the kinks. you can't do that unless you actually use the things.