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

[jb1280]

Any soldier in the Army that loses a sensitive item or leaves it properly unsecured is punished severely with Article 15's to Court Martial and loss of rank depending on the item lost. These sensitive items could be weapons, night vision devices, radios, code books, maps, and the list goes on and on. These individuals are not even drinking but are punished because of the potential security ramifications it could lead to if one of these devices fell into the wrong hands. Apple is treating this prototype in the same manner as the Army does it sensitive items...thus is my opinion that the Engineer is just as responsible and negligent as a soldier who loses a same type of item as far as Apple is touting it being a secret device.

You are the one conflating a missing phone to a piece of missing material is deemed secret by the USG. Apple is treating this like any tech company would treat a prerelease device that has gone missing.

We have no idea what the ramifications are between Apple and its employees on such matters.

 

[pdjudd]

or he could be saying, that tastes nicer than i remembered... nothing do to with it being potent..... you're reaching a bit too hard there...

Even if he was talking about potency we still cannot gauge quantity from that. We might have had a few sips and had something else afterward after realizing that it might affect his driving skills.

 

[cmaier]

And how many people are killed yearly by drunk drivers who said they were not drunk or I only had one beer or are 17, 20, 30, 40, 50 or 60 years old? Driving afterwards is NOT "evidence" that he was "probably" not drunk. It just proves that he could have done what 100's of drunk drivers do every single day that kill people.

Just cause he was driving afterward is no PROOF that he was not intoxicated to some level. Why would someone post “I underestimated how good German beer is,” on a social site if they were not trying to say something along the lines of...wow, that is some potent stuff and it snuck up on me?

Wow. If i say "I understand how good French wine is" does that mean I got drunk?

As a beer lover, I often say things like "saranac black and tan is better than I remembered.". It doesn't mean "it's excellent at getting me drunk."

 

[SFC Archer]

I am finished with this subject. I have stated "MY OPINION" and provided my evidence to support my opinion. Whether you like it or not is your choice. As always in MacRumors if it does not support, embrace and isnt codling Apple then everyone it is wrong and way out in left field and should not be allowed. No problem, I will continue to post and defend my posts whether they support Apple or not. I try so hard not to belittle the Fanboys of this site and hold my P's and Q's as much as possible but the majority of you are so tunnel visioned that it is hard not to just let lose.

Until next time, enjoy your little Apple world

 

[AidenShaw]

Apparently we saw two different Daily Shows. In the one I saw, John was fawning over Apple for the most part.

Yes, we must have seen different shows. Here are some other quotes from people who saw the show that I saw:

• CSMonitor: Jon Stewart skewers Apple over iPhone 4G debacle
• Wired: Jon Stewart Calls Apple ‘Appholes’ Over Lost iPhone Debacle
• Huffington Post: Jon Stewart Slams Steve Jobs And Apple For Handling Of Leaked iPhone
• TUAW: Jon Stewart scolds Apple over the Gizmodo stolen iPhone fracas
• Fortune: Jon Stewart to Steve Jobs: 'Chill, baby' - The Daily Show host blasts Apple for Big Brother tactics in the lost iPhone case
• TiPb: Jon Stewart goes after Apple, Steve Jobs, AT&T on Daily Show
• Business Insider: Jon Stewart Shreds Apple "Appholes" For Ridiculous Gizmodo iPhone Response And Transformation Into "The Man"
• TechCrunch: Jon Stewart Rips Into Apple Over Lost iPhone Debacle. That’s Going To Leave A Mark

Yes, fawning.

 

[shandyman]

I am finished with this subject. I have stated "MY OPINION" and provided my evidence to support my opinion. Whether you like it or not is your choice. As always in MacRumors if it does not support, embrace and isnt codling Apple then everyone it is wrong and way out in left field and should not be allowed. No problem, I will continue to post and defend my posts whether they support Apple or not. I try so hard not to belittle the Fanboys of this site and hold my P's and Q's as much as possible but the majority of you are so tunnel visioned that it is hard not to just let lose.

Until next time, enjoy your little Apple world

so after realising you were wrong and couldn't admit it you go to slate anyone opposed to you calling them fanboys? very mature of you.....

 

[Master Chief]

...

I believe nothing Chen said, since he's clearly been caught in multiple lies already.

True, but I don't think that Chen/Gizmodo lied when they said to have paid $5000 for the iPhone, so who is the other party involved? Who paid the rest? Where is the other $3500 coming from?

 

[gibbz]

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

I have no sympathy here. Gizmodo was all too happy to out Gray Powell yet not mention Hogan or his buddy. Plus, it's all public record.

 

[cvaldes]

You are the one conflating a missing phone to a piece of missing material is deemed secret by the USG. Apple is treating this like any tech company would treat a prerelease device that has gone missing.

We have no idea what the ramifications are between Apple and its employees on such matters.

Gray Powell is still gainfully employed by Apple, so whatever opinion they have of him, apparently this episode was not enough to terminate employment.

California is an "at-will employment" state, meaning neither side needs to give a specific reason to terminate employment. Apple simply could have said, "your group has been reorganized and your position has been eliminated."

We don't know if Gray Powell is still on the list of employees who are approved to take prototype units off-campus for field testing.

 

[mccldwll]

Do you even read??? I have stated over and over again that I do NOT CONDONE the actions of anyone else in this case. If and when the other parties are charged with a crime and IF they are found guilty in a court of law...NOT MACRUMORS...then they deserve any punishment that is ordered by that court of law.

I also stated that because of his actions that in part he is also responsible for the loss of his phone. And there is plenty of evidence out there if you just research, google and read. I have given plenty of evidence and links to support "MY OPINION" and yours come from?

There's been no evidence to suggest that he wasn't responsible for leaving his phone on the seat or having it fall from his bag. That's it. That's the end of his responsibility and liability.
You're the one who keeps trying to make him equally liable in the entire theft and exposure of trade secrets misadventure. Stop blaming the victim. And, by the way, German beer isn't necessarily any stronger.

 

[cvaldes]

True, but I don't think that Chen/Gizmodo lied when they said to have paid $5000 for the iPhone, so who is the other party involved? Who paid the rest? Where is the other $3500 coming from?

I'd check Engadget's books. Perhaps that's why they clammed up. Maybe there's something on Lam or Chen's hard drives...

 

[The Samurai]

Jesus Diaz must be wishing Jesus could come down and save his arse.

 

[mccldwll]

I am finished with this subject. I have stated "MY OPINION" and provided my evidence to support my opinion. Whether you like it or not is your choice. As always in MacRumors if it does not support, embrace and isnt codling Apple then everyone it is wrong and way out in left field and should not be allowed. No problem, I will continue to post and defend my posts whether they support Apple or not. I try so hard not to belittle the Fanboys of this site and hold my P's and Q's as much as possible but the majority of you are so tunnel visioned that it is hard not to just let lose.

Until next time, enjoy your little Apple world

You're entitled to your own opinions. You're not entitled to your own facts.

 

[Mark Booth]

On the night of March 18, he was enjoying the fine imported ales at Gourmet Haus Staudt, a nice German beer garden in Redwood City, California. He was happy. The place was great. The beer was excellent. “I underestimated how good German beer is,” he typed into the next-generation iPhone he was testing on the field, cleverly disguised as an iPhone 3GS. It was his last Facebook update from the secret iPhone. It was the last time he ever saw the iPhone, right before he abandoned it on bar stool, leaving to go home.
via Gizmodo

This was taken from his own facebook page. Again, it is NOT proof but there is enough evidence to support that he was drinking German beer which is known to be pretty potent. His own words on facebook, the fact he was at a beer garden, celebrating a birthday are not facts but can lead one to assume that he was drinking and drinking German beer in a two hour period is enough to put you over the legal limit although he may not have been drunk due to habits, body weight etc. Just go by the words he typed on his own account is enough in itself.

As I said in the message you responded to, you and your ilk are ASSuming.

Mark

 

[Becordial]

Is Lam's email responding to an email from Apple? He seems to be responding to something but it looks like they didn't include it in the affidavit.

Why is Lam giving up all his independence and showing such love for Apple? In their own articles they seem to talk a bit tough, but he seemed to be begging for mercy and saying they had to do it at the same time.

It's fairly simple. The media have to be as strong as the people they report on otherwise they get walked all over.

 

[cvaldes]

Jesus Diaz must be wishing Jesus could come down and save his arse.

There is no indication that Jesus Diaz was involved in this debacle. He is still actively contributing to Gizmodo.

Lam and Chen's careers in high-tech journalism are over. They should probably flee the country before charges are filed, maybe to a place that doesn't have an extradition agreement with the United States.

While they are both still on the Gizmodo masthead, my hunch is that Denton suspended them without pay until the situation has been fully resolved. Denton's probably trying to figure out the cheapest way to defuse the situation and fire his loyal minions Lam and Chen.

 

[cvaldes]

It's fairly simple. The media have to be as strong as the people they report on otherwise they get walked all over.

Well then, they (Lam and Chen) chose poorly.

Gizmodo bit the hand that feeds them, and boy, did they ever pick the wrong hand to bite.

Steve Job's ego, determination and self-confidence are legendary. The guy isn't even working for the money (his annual salary is $1 and he is not a significant AAPL shareholder). He's the world's most valuable CEO and the main thing that motivates him is making his adversaries look like fools.

Apple can sit back and let this thing unfold.

 

[cmaier]

True, but I don't think that Chen/Gizmodo lied when they said to have paid $5000 for the iPhone, so who is the other party involved? Who paid the rest? Where is the other $3500 coming from?

I thought the difference is explained by the bounty clause in the sales contract.

 

[AisEv]

Actually, we all screwed ourselves. The more you buy into something, you feed it with power. If the press keeps covering the same thing over and over again, it keeps the thing in top of mind. And it's a cycle, people start feeding the thing.

If you don't know by now, there's no nice guys around. Go read this book, The Second Coming of Steve Jobs. Or any unauthorized SJ biography. Authorized ones (if any) are all coverups. When SJ was down, he craved the media attention which he was largely ignored as a has-been. On his comeback, he treated the media like dirt. SJ doesn't do it for money? Are you kidding me? One dollar paycheck is like a big PR thing considering he's a billionaire. Not one millionaire or billionaire I know doesn't do it for the money. Otherwise they wouldn't be one. Never buy the rationale that Apple or SJ doesn't do it for the money. Look at their pricing and policies.

These online tech blog sites should all just stop reporting news or rumors about Apple stuff. The media can distance themselves too. I can bet that Apple will start to pimp themselves to these media. Well, the media can simply diss Apple altogether. You need to humble the bully. If you don't, everyone will suffer if the bully gets bolder.

 

[gwangung]

Do you even read??? I have stated over and over again that I do NOT CONDONE the actions of anyone else in this case. If and when the other parties are charged with a crime and IF they are found guilty in a court of law...NOT MACRUMORS...then they deserve any punishment that is ordered by that court of law.

I also stated that because of his actions that in part he is also responsible for the loss of his phone. And there is plenty of evidence out there if you just research, google and read. I have given plenty of evidence and links to support "MY OPINION" and yours come from?

Actually, there are multiple explanations that fit the observed facts.

Unfortunately, for you, your explanation only fit better by making assumptions that are not supported by the existing facts.

For example, we still cannot rule out that Hogan stole the phone directly.

 

[shakenmartini]

For example, we still cannot rule out that Hogan stole the phone directly.

I actually think the story of how the phone was obtained seems very fishy.

It just seems improbable to me the story that hogan is telling about how he found the phone. In addition the phone was disguised in a case. In fact from the pics I saw, I myself probably would not have even noticed that it was a prototype if I found it.

In fact it appears that the initial finder of the phone according to the accounts (drunk bar patron) had no idea what it was. And the accounts for how the phone was found differ significantly from this warrant.

I almost wonder if Graham Powell was targeted because somebody found out he was a tester. It appears that it was easy to find out he was a baseband engineer, so I wonder if he was among many targeted to try and steal the phone.

The fact that hogan hid his computer and a flash drive really screams he knew what he was doing and that there was incriminating evidence on his computer. Even Lam didn't think to wipe and hide his computers. I wonder if there were not communications dispatching Hogan to target Powell amongst other apple engineers.

 

[theBB]

I do agree with you and no where in my posts did I say he committed a crime. I am just pointing out that in my opinion, which I have a right to post here, he is just as irresponsible as all of the other characters in this game.

It is not a crime, like the others did, but he is just as responsible as the others???

Sure you have a post here and I am glad you do, as this discussion board is a great place to demonstrate how so many people are devoid of rationality (and some others lacking ethics or common sense), especially when they can be anonymous.

 

[cvaldes]

One dollar paycheck is like a big PR thing considering he's a billionaire. Not one millionaire or billionaire I know doesn't do it for the money. Otherwise they wouldn't be one. Never buy the rationale that Apple or SJ doesn't do it for the money. Look at their pricing and policies.

Apple certainly makes decisions based on money. As an AAPL shareholder, you better believe that I count on them to do so. Apple senior management is responsible for increasing shareholder value. Based on their financial results over the past five years, I think they are doing a good job (okay, they are doing a better job than any other S&P 500 component).

Steve's compensation from Apple is nominal. He himself is not working to make money (he's not even a significant shareholder). Remember, this guy rakes in $30-40 million a year in Disney dividends. The guy doesn't have to do a single thing for the rest of his life. The guy is driven to compete, to make his adversaries look like fools. Being the Apple CEO is his idea of having fun.

He didn't need to come back as interim Apple CEO because he needed a paycheck. He was already getting one as Pixar CEO.

Steve's motivations for being Apple CEO are not the same as our motivations for getting up and going to work.

 

[AisEv]

You gotta read up more on corporate takeover. If you haven't known by now, SJ is quite a spiteful person and his personality is now fused with the Apple we know. Yes, no one is contesting about SJ's motivation to innovate. If you don't much about Pixar, the creative guys don't really like him around. SJ is primarily a marketing person. He's one person who now surrounds himself with really good people. Sadly, not all of them gets to shine. And not all technologies you see from Apple now are originally conceived by Apple. SJ made some good acquisition decisions. Have to give him that.

But SJ is more or less a bully. It's sad that people don't see it. Also, Apple is like the big brother of its own 1984 ad. It's pathetic that people submitting to big brother. Sometimes I wondering why people can say so much about the movie, The Matrix and not get it in real life. Tragic.

 

[tingly]

It is not a crime, like the others did, but he is just as responsible as the others???

He is as responsible for losing the phone as others are for their buying/selling/vandalizing. The others aren't responsible for his losing the phone (assuming it wasn't stolen) and he isn't responsible for their buying/selling/vandalizing.

I looked up the penalties for vandalizing, generally up to a year in jail/prison and/or a fine up to $10,000.