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

[rumplestiltskin]

Hogan reportedly said, "Sucks for him. He lost his phone. Shouldn't have lost his phone."

So Hogan ends up in jail as both a receiver and seller of stolen merchandise. Sucks for him. Shouldn't have been a miscreant.

 

[H. Flower]

Bunch of f'n amateurs

 

[TuffLuffJimmy]

You need to read the linked affidavit. That gives all the details in a relatively objective account. The finder is definitely not innocent.

He may have showed off the iPhone, but he also tried contacting Apple. As long as part of the agreement with Gizmodo was to get the phone back to the proper owner I see no illegal activity.

He knew exactly what he was doing and knew the name and identity of the apple employee who lost the phone

But that doesn't make it much easier in finding the guy who lost it.

and said "sucks for him" that he might lose his job.

Since when is that illegal?

 

[tingly]

You believe that if you can use the word "neglect" then all acts thereafter are morally/ethically/personally (even if not legally) equivalent.

I'm 100% responsible for dropping a loaded gun on the street. They're 100% responsible for murdering someone with it. That has nothing to do with equating the morality, etc. of my dropping the gun with the murder. (But to expand in the way you took it, yes, the murder is far worse in every respect than dropping the gun.)

 

[Cartaphilus]

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.

I would have thought that Chen's purchase from Hogan and his dismantling of the test phone were approved at the highest levels at Gizmodo and Gawker.

 

[mccldwll]

Hogan reportedly said, "Sucks for him. He lost his phone. Shouldn't have lost his phone."

So Hogan ends up in jail as both a receiver and seller of stolen merchandise. Sucks for him. Shouldn't have been a miscreant.

Yep. "Sucks for him. He shouldn't have taken/sold the guy's phone."

[Actually, I doubt he'll do any serious time, unless facts show it was lifted. He'll get minimal time, six weeks in the electric chair, months of community service, and probably a lot of counseling. Maybe a few years on a church mission, consistent with that pathetic excuse his lawyer tried out. That'll teach that mouth-breather. And I doubt that the Giz/Gawker crew will get any real time either. They too were guilty of criminal stupidity, and definitely should have known better. And they should be raked through the coals. And large fines. And a few cavity searches probably are in order. And the Court should say the only reason they aren't spending the next several years picking up soap in the shower is that they didn't try to peddle secrets to competitors. That would have been the serious crime, and the one that everyone wants to be seriously discouraged. CA can't afford to incarcerate all the clowns at the moment]

 

[macmono]

This could get interesting

 

[SteveSparks]

He may have showed off the iPhone, but he also tried contacting Apple. As long as part of the agreement with Gizmodo was to get the phone back to the proper owner I see no illegal activity.

You are confusing that Gizmodo reported and what really happened.

Consider everything you read from Gizmodo as incorrect and go read the real story.

The roommate (the female) was in contact with Apple, if they had tried to return the phone and really wanted to return it to Apple there would have been no story. She could have had it back to Apple in a day or less... The guy (Hogan) refused...

The guy (Hogan) did not try to return the phone, The guy (Hogans Roommate) that Gizmodo claims called Apple, did not call them. It is clear if you read the police report.

I predict all the people get 1 year deferred and 3 years probation. Gawker has to close Gizmodo as part of the settlement of a civil case and that they have an agreement not to report on Apple Products. The owner of Gawker will agree to do this to avoid having to face criminal charges in California.

Everyone walks, no jail, no more Gizmodo and no payments to Apple.

The Gizmodo reporter looses his Job.
Hogan is haunted on the internet by this issue for his entire career.
The female roommate should sue Hogan for damages.
The second roommate is also haunted.
The owner of Gawker, keeps selling smut and keeps making money.
He in the end used the Gizmodo dude who is the real looser in all this for working for a rag.

 

[tingly]

He may have showed off the iPhone, but he also tried contacting Apple. As long as part of the agreement with Gizmodo was to get the phone back to the proper owner I see no illegal activity.

The law says something about making a reasonable attempt at a return, pretty shaky considering how easily his roommate got ahold of someone. You have to wait a certain amount of time before taking ownership of a lost item which he didn't. You can't gain from possession of a lost item that isn't yours which he did. Gizmodo damaged the phone which broke a vandalism law. Gizmodo should have known that the phone wasn't the finder's property as they handed over the money, another charge from that. Publishing trade secrets, that's just civil, not criminal? What else is there? I may be forgetting a couple.

 

[mccldwll]

I'm 100% responsible for dropping a loaded gun on the street. They're 100% responsible for murdering someone with it. That has nothing to do with equating the morality, etc. of my dropping the gun with the murder. (But to expand in the way you took it, yes, the murder is far worse in every respect than dropping the gun.)

I'm afraid you're still not grasping the nuances. Dropping a loaded gun is far more negligent than forgetting keys, unless the drop resulted from an unforeseen seizure, attack, etc.. And there probably are scenarios in which dropping a loaded gun actually is worse, since without that gun, there would be no way for the subsequent murder to occur.

 

[mccldwll]

You are confusing that Gizmodo reported and what really happened.

Consider everything you read from Gizmodo as incorrect and go read the real story.

The roommate (the female) was in contact with Apple, if they had tried to return the phone and really wanted to return it to Apple there would have been no story. She could have had it back to Apple in a day or less... The guy (Hogan) refused...

The guy (Hogan) did not try to return the phone, The guy (Hogans Roommate) that Gizmodo claims called Apple, did not call them. It is clear if you read the police report.

I predict all the people get 1 year deferred and 3 years probation. Gawker has to close Gizmodo as part of the settlement of a civil case and that they have an agreement not to report on Apple Products. The owner of Gawker will agree to do this to avoid having to face criminal charges in California.

Everyone walks, no jail, no more Gizmodo and no payments to Apple.

The Gizmodo reporter looses his Job.
Hogan is haunted on the internet by this issue for his entire career.
The female roommate should sue Hogan for damages.
The second roommate is also haunted.
The owner of Gawker, keeps selling smut and keeps making money.
He in the end used the Gizmodo dude who is the real looser in all this for working for a rag.

I agree with everything except the part about the female roommate. No damages. She comes out looking great. Aapl should offer her a job. And in the "made for TV movie" she marries Grey and they both live happily ever after.

 

[Interstella5555]

I don't buy the argument that sales of current iPhones were hurt by leaking the phone. It's pretty common knowledge that Apple refreshes the iPhone annually during the summer and sales always slow during the time leading up to the summer.

To who exactly? Sure, to people like us that peruse tech sites on a daily basis, but I'm sure if I asked people in my office or Frisbee team when Apple releases iPhones none would know.

 

[nyctravis]

Jon Stewart needs to do an updated story after trashing apple with limited info. I'm probably just feeling suckered and bitter myself after almost being swayed by his bit, but with this news he should really do a second take.

 

[tingly]

I'm afraid you're still not grasping the nuances.

I get the nuances. I'm simply saying that it's not the shooter's fault that I dropped the gun. It's not my fault that he decided to pull the trigger. This nuance stuff takes what I'm saying into other places than I was talking about. I didn't intend for lines to be read between. I know at the very least, I'm going to have a certain percentage of a lawsuit thrown at me for my share of the actions that led to the shooting, but that's way beyond, "I'm simply saying that it's not the shooter's fault that I dropped the gun. It's not my fault that he decided to pull the trigger."

Maybe this will be clear how they're different subjects.
I'm saying that 100% responsible for dropping the gun. Nobody influenced me to drop it. They're 100% responsible for shooting it. Nobody influenced them to shoot it. (I dropped it, but that's not the same as trying to get them to shoot.)
I think you're saying that the responsibility for the crime happening is 10% me/90% them or 50/50, 80/20,... depending. That's blatantly true, but a different subject.

 

[SteveSparks]

Jon Stewart needs to do an updated story after trashing apple with limited info. I'm probably just feeling suckered and bitter myself after almost being swayed by his bit, but with this news he should really do a second take.

+1

Ya. He was tricked by his need to be too flashy. Even his non-news show needs to acknowledge when they were duped.

The new segment should be called "AppleGATE" and have Christina Applegate read the apology.

 

[unclepain]

These guys are so toast. The only thing missing from this story is the bit about the guys who found the iPhone trying to call Applecare to let them know they had the phone. I honestly doubt that actually happened though. Seems like a pretty open/shut case. You've got all kinds of evidence, witness testimony, and probably a full confession soon if the pressure stays on these guys.

More than anything, Apple probably just wants to bury Gizmodo.

I'm think it's ridiculous to say that Apple lost "millions of dollars" in 3gs sales over this. Everyone knows Apple releases a new phone each summer. Honestly, how many people were planning on buying a 3gs this month and then changed their mind when they saw the prototype?

And really, was anything about the prototype a surprise? A camera flash? Wow- every other manufacturer had that in 2009. Front facing camera? Most of that we knew when OS4 started to get deconstructed.

The only thing that was relatively new was the glass back.

My guess is Apple just wants to make an example of this situation.

I bet Engadget is glad they passed on this one.

 

[tingly]

I'm think it's ridiculous to say that Apple lost "millions of dollars" in 3gs sales over this. Everyone knows Apple releases a new phone each summer. Honestly, how many people were planning on buying a 3gs this month and then changed their mind when they saw the prototype?

Apple will end up with the money either way. That damage will be mostly from the costs associated with the extra unsold 3gs phones, shouldn't be TOO horrible. I see damage more from lost business to competitors with their headstart on adjusting ad campaigns and future products, however in the world they'll figure a dollar amount for that.

 

[marksman]

He may have showed off the iPhone, but he also tried contacting Apple. As long as part of the agreement with Gizmodo was to get the phone back to the proper owner I see no illegal activity.

But that doesn't make it much easier in finding the guy who lost it.



Since when is that illegal?

Have you just ignored the 25 threads and 10,000 posts on this subject including this one and before this one?

There is no evidence he tried to contact Apple, and even if he did it is irrelevant. The reality that Hogan committed a crime was decided weeks ago, based on a limited number of facts. The additional facts just reinforce that reality without a single question of doubt.

Seriously, go back and read all the threads on this subject before coming back here and posting about it.

 

[Geckotek]

To who exactly? Sure, to people like us that peruse tech sites on a daily basis, but I'm sure if I asked people in my office or Frisbee team when Apple releases iPhones none would know.

Pretty much everybody I know....even my non-techie friends. You'd have to be in a coma or living in some non-industrialized nation not to realize Apple comes out w/ a new iPhone every summer.

 

[mccldwll]

Pretty much everybody I know....even my non-techie friends. You'd have to be in a coma or living in some non-industrialized nation not to realize Apple comes out w/ a new iPhone every summer.

Actually, that's far from true. While I'm certain all students know it either directly or through friends, and all techies and people generally aware of upgrade cycles, I'm amazed at how many people I run into weekly who hadn't a clue (and some still don't) that aapl's on a yearly upgrade cycle.

 

[LagunaSol]

He may have showed off the iPhone, but he also tried contacting Apple. As long as part of the agreement with Gizmodo was to get the phone back to the proper owner I see no illegal activity.

I can't believe people are still trying to defend the toolbag that illegally fenced this phone and tried to cover it up.

Unreal.

 

[mccldwll]

Apple will end up with the money either way. That damage will be mostly from the costs associated with the extra unsold 3gs phones, shouldn't be TOO horrible. I see damage more from lost business to competitors with their headstart on adjusting ad campaigns and future products, however in the world they'll figure a dollar amount for that.

Not too bad? Maybe 300K to 500K leftover unsold phones which otherwise would have sold for aveage of say $200, now sell for $100. So, $30M to $50M? Chump change for Gawker, right?

 

[tingly]

I was thinking anyone who is not terribly clued in to tech news and started with iPhones in the last 20 months may have no idea, along the lines of, "I knew a new one came out last June, but it's every June?"

 

[rkswat]

It is an amazing read. How so many people can do such wrong is beyond me.....

LoL, really? Have you not watched the news lately? This is the "such wrong" you can't believe people can do? Wow, you really have a messed up idea what is "such wrong".

 

[D4F]

I'm not one of those that jumps on to "conspiracy theories" type of stuff but for some reason something does seem to stand out way to much here...

Too many dumb people in one story and a giant corporation that gets nothing but free hype.