Finder of Lost Next-Generation iPhone Identified

sravana

macrumors regular
Original poster
Sep 14, 2008
142
0
Texas
http://www.wired.com/threatlevel/2010/04/iphone-finder/

"His attorney says he recently transferred schools and will resume his college education in the fall. He has been working part time at a church-run community center giving swimming lessons to children and volunteered at a Chinese orphanage last year while he was enrolled in a study-abroad program.

Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mWvCXrAU"

Okaaaay. So he's a fine upstanding Christian boy. And a thief. Why am I not surprised.
 

TheAppleGeek

macrumors 6502a
Apr 18, 2010
752
43
St. Louis
http://www.wired.com/threatlevel/2010/04/iphone-finder/

"His attorney says he recently transferred schools and will resume his college education in the fall. He has been working part time at a church-run community center giving swimming lessons to children and volunteered at a Chinese orphanage last year while he was enrolled in a study-abroad program.

Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mWvCXrAU"

Okaaaay. So he's a fine upstanding Christian boy. And a thief. Why am I not surprised.
Really? I am a Christian myself, but was that sentence necessary? Obviously, he feels bad about it, and while it may be wrong what he did, it's not like he bought the iPhone for $5,000. ;)
 

MacRumors

macrumors bot
Apr 12, 2001
49,676
11,001
Finder of Lost Next-Generation iPhone Identified

https://www.macrumors.com/images/macrumorsthreadlogodarkd.png




Wired reports that it has identified the person who last month found a next-generation iPhone in a Redwood City, California bar and later sold the device to Gizmodo.
Brian J. Hogan, a 21-year-old resident of Redwood City, California, says although he was paid by tech site Gizmodo, he believed the payment was for allowing the site exclusive access to review the phone. Gizmodo emphasized to him "that there was nothing wrong in sharing the phone with the tech press," according to his attorney Jeffrey Bornstein.
While the San Mateo County District Attorney's Office has spoken with Hogan and is continuing to examine the case to determine whether criminal charges are warranted, Hogan has yet to be charged with any crime.

According to the report, Hogan was only able to access the device's Facebook application before it shut down, and only later did he discover that he was in possession of a prototype device. A friend of Hogan's reportedly called AppleCare on Hogan's behalf in a failed attempt to return the iPhone, which appears to be the extent of Hogan's effort to return the phone to its owner.
"He regrets his mistake in not doing more to return the phone," says Bornstein’s statement. "Even though he did obtain some compensation from Gizmodo, Brian thought that it was so that they could review the phone."
After Gizmodo published a feature article on the next-generation iPhone, Apple representatives attempted to search Hogan's home, but were turned away by a roommate. Law enforcement officials then became involved in the situation at the request of Apple. In addition to Hogan, investigators have also focused on Gizmodo editor Jason Chen, seizing a number of items from his residence in what the Electronic Frontier Foundation calls an illegal search.

Article Link: Finder of Lost Next-Generation iPhone Identified
 

GFLPraxis

macrumors 604
Mar 17, 2004
7,113
419
Honestly, I think people are being way too hard on him.

How many people on this board would, if finding a next-gen iMac prototype, wouldn't immediately post it on MacRumors?

He made some effort to return it, and realized what he had and sold it to the journalist with the mindset of giving them an exclusive, not trying to move stolen goods.

He probably wasn't very familiar with laws on lost goods. He probably called Gizmodo and tried to get some money in exchange for a story, and was talked into celling it to them. Per the story:

Brian J. Hogan, a 21-year-old resident of Redwood City, California, says although he was paid by tech site Gizmodo, he believed the payment was for allowing the site exclusive access to review the phone. Gizmodo emphasized to him “that there was nothing wrong in sharing the phone with the tech press,” according to his attorney Jeffrey Bornstein.

Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mX1WktOX
A naive kid who stumbled into something bigger than him. 90% of the boards probably would've done something similar.

I probably would have tried to sell Gizmodo photos and videos myself before returning the phone. I'm not under NDA from Apple, I have no obligation to keep it secret after I return it.


I don't think it's worth ruining his life by arresting him for theft over this.
 

pukifloyd

macrumors 6502a
Jun 25, 2008
989
87
Scottsdale
He should have done more to give the prototype back to apple...maybe email someone with photos or go to the apple store...something atleast...
 

GFLPraxis

macrumors 604
Mar 17, 2004
7,113
419
Honestly, I think people are being way too hard on him.

How many people on this board would, if finding a next-gen iMac prototype, not immediately post it on MacRumors? Heck, people practically fantasize about doing this, making up mockups and fakes.

He made some effort to return it, and realized what he had and sold it to the journalist with the mindset of giving them an exclusive, not trying to move stolen goods.

He probably wasn't very familiar with laws on lost goods. He probably called Gizmodo and tried to get some money in exchange for a story, and was talked into celling it to them. Per the story:

Brian J. Hogan, a 21-year-old resident of Redwood City, California, says although he was paid by tech site Gizmodo, he believed the payment was for allowing the site exclusive access to review the phone. Gizmodo emphasized to him “that there was nothing wrong in sharing the phone with the tech press,” according to his attorney Jeffrey Bornstein.

Read More http://www.wired.com/threatlevel/2010/04/iphone-finder/#ixzz0mX1WktOX
A naive kid who stumbled into something bigger than him. 90% of the boards probably would've done something similar.

I probably would have tried to sell Gizmodo photos and videos myself before returning the phone. I'm not under NDA from Apple, I have no obligation to keep it secret after I return it.


I don't think it's worth ruining his life by arresting him for theft over this.
 

Redline13

macrumors 6502
Feb 20, 2004
297
0
Apple representatives attempted to search his apartment? Wow. That really seems inappropriate.
 

GoCubsGo

macrumors Nehalem
Feb 19, 2005
35,741
147
Really? I am a Christian myself, but was that sentence necessary? Obviously, he feels bad about it, and while it may be wrong what he did, it's not like he bought the iPhone for $5,000. ;)
He feels bad that this is causing problems for him, that's all.
 

ValSalva

macrumors 68040
Jun 26, 2009
3,746
201
Burpelson AFB
After Gizmodo published a feature article on the next-generation iPhone, Apple representatives attempted to search Hogan's home, but were turned away by a roommate.
So Apple knew his identity all along? This statement seems odd.
 

wovel

macrumors 68000
Mar 15, 2010
1,838
160
America(s)!
I thought the "exclusive use" concept made it sound like he at least had found an actual Lawyer who was guiding his statements. He should ask Chen and co. to allow the police to access the info on the transaction and get him off the hook....
 

HiRez

macrumors 603
Jan 6, 2004
5,892
1,880
Western US
I don't want to see this kid go to jail for 10 years or anything, but he's pretty stupid. $5,000 for "exclusive" review rights? Right. Regardless, it doesn't appear California law makes a distinction between "borrowing" something that does not belong to you (and attempting to make a profit on it during such time), and stealing it. It's still theft.
 

Rhalliwell1

macrumors 6502a
May 22, 2008
588
1
Really? I am a Christian myself, but was that sentence necessary? Obviously, he feels bad about it, and while it may be wrong what he did, it's not like he bought the iPhone for $5,000. ;)
No but he sold it. The drug dealer is committing a bigger crime than the drug taker. ;)
 

ioinc

macrumors regular
Jan 7, 2004
151
0
Clearwater, Florida
Damages

Still not sure how this is causing any monetary damages to Apple at all.

They should be paying this guy for all the publicity that is now going around for what would have been the first anti-climactic iPhone release.
 

wovel

macrumors 68000
Mar 15, 2010
1,838
160
America(s)!
Sorry, what?


You believe that corporations should be granted authority to directly punish citizens, with no involvement by the authorities, yes?
They tracked the device, asked if they could come in and look for it, were told no and then left to contact the police. Everything they did was 100% appropriate in every way. They tried to help out both sides but not involving the police.
 

Knowlege Bomb

macrumors 604
Feb 14, 2008
6,954
2,924
Madison, WI
What a crappy situation for this kid. I feel bad for him but he deserves what's coming to him.

If he wasn't aware that selling somebody's else's property is against the law, especially something this high profile (the offer of 5k should have been a hint), then this will be a hard lesson learned for him.

Apple is becoming more evil as they get bigger. Shame really.
Sorry but IMO everything Apple is doing is warranted. You know how much they rely on the hype and element of surprise when it comes to releasing new products. I mean FFS they've been referred to as "the most secretive company on the planet" or something along those lines. Somebody finding their newest and probably biggest secret to date and selling it, thereby ruining one of their most effective marketing strategies (element of surprise) is enough for legal action.

Again, all my opinion. I'm no lawyer, of course.
 
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