Anuba knows nothing. Contacting Apple Care does not meet the standard required by law, to say nothing of common sense (which, judging from many of these 2000 posts on MR on this issue over the last couple of days, isn't very common). He could have called the Apple campus, called the owner directly since he knew his name, dropped it off at Apple, or called Apple security. Or even mailed it to them. He did none of that. It was not a good faith effort, and is not defensible.
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EFF Believes Search and Seizure of Gizmodo Editor's Computers Was Illegal
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Anuba knows nothing. Contacting Apple Care does not meet the standard required by law, to say nothing of common sense (which, judging from many of these 2000 posts on MR on this issue over the last couple of days, isn't very common). He could have called the Apple campus, called the owner directly since he knew his name, dropped it off at Apple, or called Apple security. Or even mailed it to them. He did none of that. It was not a good faith effort, and is not defensible.
It's against the law in california for woman to drive in a housecoat.
Just because something is a "law" doesn't mean it makes sense.
Try using your brain instead of just following orders like the other sheep.
PS. How did you fanboys become the Johnny Cochran legal team all of a sudden?
Well here is someone using their brain then. If i find something on the street its my duty as a human being to track down the owner. You just dont "Find" property if you fail to use all of the methods available to track down the owner.
Finders keeps yadda yadda is a Cop out. Only a thief does the bare min to find owners.
Under other state laws yes it has bearing on a case, if someone does not actually reach and steel your property, but finds it say on the floor or left in the bathroom then it makes a big difference, this is not to say that they can keep your property if you ask for it, but its not considered theft.
You must keep that in mind when thinking about the Law, theft is a state law and each state can say what ever they want. California has some really old laws they don't want to change, and these laws can be very intrusive to just ordinary people. Easy to understand if you take time. There are a lot of other blue laws that certain states have, which many here would probably feel nerves if they realized that police will enforce them when someone in power asks.
This is California state law. The other states don't matter. If you don't like the law let's work on changing it, but the law stands as it is and if someone broke it then they are held liable.
Honestly I've read this for a while and now I am getting mad, at all you fanboys. I love apple products I got my first macbook pro and other apple stuff. But at the same time I realize its a company who's main purpose is to make money. So unlike (some of) you idiots I don't feel the need to defend apple.
Pretty much what I get from most of you is he deserves to go to jail because he is an anti-apple douche bag who hurt them.
Well I got news for you apple is a huge ****ing company and they'll be fine, further they don't give a **** about you so why are you all up in arms.
This Jason Chen guy on the other hand is just one guy trying to be the first to bring some apple news. Also the phone was FOUND not STOLEN, maybe the guy that found it didn't do the best to return it. But he did try, he called apple, they blew him off. And all Jason Chen did was buy it off the guy and then RETURNED it when apple asked.
I am just getting tired of everyone getting on this guys back because you idiots feel like you owe apple something.
Its really quite PATHETIC it is just a ****ing company who doesn't give a **** about you.
Pretty much what I get from most of you is he deserves to go to jail because he is an anti-apple douche bag who hurt them.
Well I got news for you apple is a huge ****ing company and they'll be fine, further they don't give a **** about you so why are you all up in arms.
This Jason Chen guy on the other hand is just one guy trying to be the first to bring some apple news. Also the phone was FOUND not STOLEN, maybe the guy that found it didn't do the best to return it. But he did try, he called apple, they blew him off. And all Jason Chen did was buy it off the guy and then RETURNED it when apple asked.
I am just getting tired of everyone getting on this guys back because you idiots feel like you owe apple something.
Its really quite PATHETIC it is just a ****ing company who doesn't give a **** about you.
I know that, but I was quoting a news article and Denarius responded to what the article said, not what *I* said. This is the second time someone holds me responsible for the article even though I used both italics and quotation marks to distinguish it from my own writing.
He's not even anti-Apple. If anyone follows Giz they're generally considered pro-Apple by their own readers almost across the board. But Chen's apparently not enough of a groveling suck-up for the MR crowd so they'd just as soon see him roasted alive for daring to bypass Apple's carefully choreographed circus. This sort of blind subservience to Apple makes Giz's Apple love almost look reasonable by comparison. Unfortunately all this rabid xenophobia just pushes casual fans like me further and further away from the Apple ecosystem.
I think it's completely retarded that someone can lose something and it's considered "stolen". If you can't keep up with your own ****, your problem. I hate this country more and more every day. And don't waste your time chasing murderers and rapists, go chase after the guy who found a damn iPhone and sold it.
I'm willing to be convinced of Apple's malfeasance and interference in a police investigation in this event. People go to prison for this kind of stuff. Please put forth evidence. I'll personally notify the California Attorney General (yes, I have the number).
Otherwise....it's pretty juvenile to think every corporation has evil-doers and swat teams doing their dirty work for the greater glory of the leader, who exercises mind control and buys off all the judges and cops. Don't forget the Black Helicopters. Too many bad TV shows and movies, I suspect. And when you're still in school the whole work and corporation thing is not well understood.
So you don't think it makes sense that a finder of an item should make a reasonable effort to locate the owner, or barring personal effort, turn it over to the management of the business where he found it, or the police. OK, then. Nice ethics.
and the person, John Cook, who wrote that article for Yahoo News was previously a blogger at Gawker.com, which is owned by the same company that owns Gizmodo.com.
Wrong. In the eyes of the law, it became stolen when he made no effort to return it as the law recognizes it (this includes taking it to the police) and sold the property.
Willful compliance does not negate the fact that he still paid to receive stolen property. He would have been forced to return it regardless.
Well, that's according to California state laws (the relevant jurisdiction), not some sort of universal law. I think that's one of the reasons why there are conflicting and confused versions of this story floating around in the international press. Some countries have tougher laws than California, others not so much.
I think it's completely retarded that someone can lose something and it's considered "stolen". If you can't keep up with your own ****, your problem. I hate this country more and more every day. And don't waste your time chasing murderers and rapists, go chase after the guy who found a damn iPhone and sold it.
Try to keep up---it wasn't "stolen" until he failed to make the legally required effort to locate the owner, or turn it over to someone who would, and then sold it for personal gain. And if you are aware of any cases of rape or murder which are being held up while a few members of a special squad of computer crime specialists go after, well, a possible computer crime, please enlighten us. Rolleyes indeed. Don't you have homework to do?
Hey Sherlock, just what do you think is a journalist? It's someone who collects and disseminates information as a profession. Does he collect info? Yes. Does he report this info to the pubic en mass? Yes. Is this his job? Yes. Magazine, newspaper, TV news program, web presence, the media makes no difference.
Affirmative, although to level the playing field entirely it would be nice if the victim in this case got to stand in line along with the other, less prominent victims. When regular Joes have been deprived of their cellphones somehow, it's not customary for the police to immediately dispatch large teams who raid houses and seize half the property therein.
It is much less about defending Apple, but instead upholding the law.
Chen only deserves to go to jail if he indeed committed a crime.
Yes Apple is a large company and they will make it out ok (presumably). However, that does not give anyone the pass to commit a crime. If I go rob someone with a nice house should I be able to use this as a defense:
"They are rich and they will be fine! They don't give a crap about my poor behind so why are you all up in arms?"
The phone was stolen. Read any of countless posts that detail why this is the case.
The finder did not make a reasonable attempt. He called Apple Customer Service (supposedly). Calling customer service about an unreleased product is not a reasonable attempt at returning the item. Apple did not blow him off, if the right people would have known they would have made arrangements to get the phone. But the right people did not know, so the finder was given a ticket number.
The fact is, the finder was wrong from the start. He or she should have handed it to the bartender or taken it to the police.
I am equally tired of people, like yourself, posting and calling people idiots when you yourself are simply rehashing debunked arguments.
Its really quite PATHETIC it is just a ****ing company who doesn't give a **** about you.[/QUOTE]
I doesn't matter who it is, if the law was broken the law should be enforced. Just as you would want it to be if you owned a multi-billion dollar corporation or if someone robbed your house.
I think it's completely retarded that someone can lose something and it's considered "stolen". If you can't keep up with your own ****, your problem. I hate this country more and more every day. And don't waste your time chasing murderers and rapists, go chase after the guy who found a damn iPhone and sold it.
In California it is the law. However, this notion is common sense (unless you don't care about others). I am surprised you would hate a country that wants to protect your property rights even if you make a mistake. I surely wouldn't want to live in a country founded by you.
it all depends on your definition of "reasonable effort"
http://gizmodo.com/5520729/why-apple-couldnt-get-the-lost-iphone-back
The assumption is that it was wiped remotely as soon as either the engineer or Apple realized it was lost—probably later that night, not just to lock down the features of the new hardware, but to avoid spilling the beans on the new operating system. So, with a bricked phone in hand, an obvious course of action would be to call Apple. And as we reported before, that's exactly what happened—our source started dialing Apple contact and support numbers. He was turned away, and given a support ticket number.
Here's how it went down, allegedly, from the perspective of the Apple reps who got the call:
I work for AppleCare as a tier 2 agent and before the whole thing about a leak hit the Internet the guy working next to me got the call from the guy looking to return the phone. From our point of view it seemed as a hoax or that the guy had a knockoff, internally apple doesn't tell us anything and we haven't gotten any notices or anything about a lost phone, much less anything stating we are making a new one. When the guy called us he gave us a vague description and couldn't provide pics, so like I mentioned previously, we thought it was a china knockoff the guy found. We wouldn't have any idea what to do with it and that's what sucks about working for apple, we're given just enough info to try and help people but not enough info to do anything if someone calls like this.
If the guy could have provided pictures it would have been sent to our engineers and then I'm sure we'd have gotten somewhere from there, but because we had so little to go on we pushed it off as bogus.
And seriously, what else could have happened? There is no way—not a chance—that a middle-level customer service rep would have known anything about the next iPhone. Put yourself in his theoretical shoes:
Hello, thanks for calling AppleCare
Hello. I think I have some kind of iPhone prototype, or something!
What?
Yeah, it's kinda square, and it doesn't work. I found it in a bar.
Ok! Thanks for calling.
Now if indeed, the Apple employee will testify and state that they did receive a call about a "lost iphone" and because of apples own secretive ways, they were unaware of the lost phone, I would consider that "a reasonable effort"
This is all apples fault. They messed up and let some idiot go out with the prototype, they lost it and didn't notify their employees that they were looking for it, so when the person called to report the iphone found, the employees had no idea, and just brushed him off.
ya, lets send the guy to jail and throw away the key!!
Reasonable effort of the finder is irrelevant in the case against Gizmodo. Gawker media knowingly paid a large sum of money for property that they knew was stolen. This is a fact that they have admitted to.
Being a "journalist" does not give you the right to fence stolen property. It is not a get out of jail card when you knowingly are breaking the law and even reporting about it.
Being a "journalist" does not give you the right to fence stolen property. It is not a get out of jail card when you knowingly are breaking the law and even reporting about it.
Why would pursuing someone who stole something from them tarnish their image??? In my book it would be much worse if they just sat back and said "We'll let it slide for the sake of positive PR."
The usual suspects are going to rage about Apple no matter what they do. Joe Q. Public is just going to shrug his shoulders and say "Hmm, I guess I'd better not sell the next cell phone I find at a bar."