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Good lord, I must have told you about a dozen times now: WE. ARE. NOT. ALWAYS. TALKING. ABOUT. THE. CRIMINAL. CASE. THERE. ARE. OTHER. ANGLES.

This time I didn't even mention any "guy", It was about Apple's routines (or lack thereof) for situations like these in general. I didn't mention any person whatsoever, save for the character Baldrick on Black Adder. And yet you STILL managed to somehow bring it back to "oh jeez, someone's defending this Hogan guy again, this must be stopped, let me get my internet lawyer hat". Do you also do this in daily life when someone talks about ice cream, music, nose jobs, tarmac, astrology or gaffer tape? Someone says, I dunno, "Jackhammer" and your brain immediately starts scrambling for ways to lead the conversation back to Hogan and his monumental crime against humanity?

Pontificate all you want on alternate reality outcomes of what-if pipe dreams, meanwhile the legal case deals with felony theft and profiteering that can be tied to corporate espionage via the press.
 
Pontificate all you want on alternate reality outcomes of what-if pipe dreams, meanwhile the legal case deals with felony theft and profiteering that can be tied to corporate espionage via the press.
And this has what to do with Apple's routines for retrieving runaway prototypes (you know, the alternate reality what-if pipe dream that became reality)?
 
Seriously though. I have a keyring thingy with an address on it (not mine, a security company's) and the idea/hope is that if someone finds the keys they'll just follow the instructions, which are to drop the keys in the nearest mailbox and the postal service will take it from there. I estimate the value of my keyring to the sum total of the things it provides access to, and while I'm not poor it certainly doesn't amount to the million/billion-dollar value of an iPhone prototype.

Is it really that much to ask that they put a simple, anonymous "if found, call this number" sticker on this billion-dollar thing, instead of leaving it blank? This phone doesn't exactly communicate that it wants to be found, it's more like some anti-homing device that wants to sever all ties with the world once lost. Short of a self-destruct mechanism like an exploding battery, it doesn't get more Mission Impossible than a remotely disabled device in a black unmarked camouflage shell.

I mean, if you have this super duper top secret thing which CAN be lost in the field, the first thing to do is to make sure that whoever finds it, comes DIRECTLY to you so that there are no middle hands and prying eyes along the way. How did Apple do in that department? Well let's see:

- The exterior is a fake black shell with no markings, stickers or any identifiers of any kind. It begs to be opened in order for one to get any kind of handle on it = FAIL, since they don't want anyone to see what's inside. Nothing peaks the curiosity more than an unmarked black box.

- Remotely disabled, impossible to check for the owner's details, address book, internal number etc. Yes, Hogan happened to see Powell's name before the phone was bricked, but that was just a fluke. Odds were that remote disabling may well put the phone out of commission long before anyone had a chance to switch it on. FAIL as far as possibilities to easily hook up with the owner first hand are concerned.

- Nobody in the outer ring of Apple employees who communicate with mere mortals in the outside world (operators, support techs etc) is/was privy to info about the existence of this phone, so they're not going to be of much help, and it's not like "connect me to Steve, I have something that might interest him" will yield any meaningful results. Heck, Apple didn't return Wired's calls (see article) even though they had info about the phone and its whereabouts. Furthermore, since this thing is supposed to be so secret that most Apple employees don't even know about it, it's kind of a FAIL if they all get to hear about it from some fool on the outside calling various numbers and describing the phone.

- Next stop: An Apple Store. FAIL, they'd be all over this thing they're not supposed to see or know about. They get lousy pay AND they're Apple fanatics, do you really want the phone with them?

- Next stop: The police. FAIL, as this option is yet another that will allow more outsiders (one or several) a glimpse of the device. While I'm generally trusting of law enforcement personnel, I still wouldn't want them to have my uber-secret phone in a drawer with fifty not-so-secret ones that people come and collect.

Note to Apple: If one of your employees is named Baldrick and says that he has a cunning plan, don't listen the next time like you did when you implemented routines for retrieving lost phones.

Sure, you've convinced me you're right. And you could probably put the notice somewhere not readily apparent to casual observers of the tester using the phone. And you could easily draft the notice so it didn't advertise the importance of the device itself: "Property of the Dummy Corporation: contains classified military specification. Failure to immediately call this number will get you shipped to Guantanamo" ought to do the trick.

But you're looking at the whole board, which is very annoying. I only want to talk about all the trouble that rook over there is in.

(By the way, the guy doing subtitles on "Debby Does Dallas" led you astray. You "pique" curiosity, even if a peak might satisfy it.)
 
It was about Apple's routines (or lack thereof) for situations like these in general.

I'm sure Apple is having internal discussions on how to beef up their policies and procedures as we speak. We'll never know what their old policies were, and we'll never know what their new policies will be.

But when you say something like "Is it really that much to ask that they put a simple, anonymous "if found, call this number" sticker on this billion-dollar thing, instead of leaving it blank?" you are clearly implying that Apple let this poor guy down by not doing a better job of preventing him (or discouraging him) from lifting the phone and selling it to Gizmodo. Because, as I implied with my "wide array of options" comment, even if the phone did have a glowing sticker with a "Call if found" number, the guy probably would have ignored it. Why do I think this? Because he ignored every other common sense option staring him in the face. If someone is not going to do the right thing (as this guy clearly did not), there's no foolproof field testing method that will prevent something like this from happening again in the future.

A "Call if found" sticker would just have been one more thing for Chen to gloat about in his teardown photo tour.
 
Uh, pardon me but I've seen this used to many times, it's gotta be my turn now: How do you know? Your account is every bit as detailed as the more ominous "men in black" scenarios presented, but last time I checked, we don't know the extent or manner of the attempt, if any. The exact words they uttered on the doorstep are unknown, and all sorts of trajectories lead away from there depending on choice of words, attitude, number of people etc.

The Wired article says they asked ("s[ought] permission] and were turned away. I prefer to rely on the original source material rather than Macrumors' paraphrasing.
Shortly after Gizmodo published its story, people identifying themselves as representatives of Apple appeared at Hogan’s home seeking permission to search the premises, according to a source involved with the iPhone find. A roommate turned them away.

This is all we know. They did not try to force themselves in. They did not refuse to leave when asked to leave. If they had, you can bet your ass their attorney would be screaming about it.
 
And this has what to do with Apple's routines for retrieving runaway prototypes (you know, the alternate reality what-if pipe dream that became reality)?

Maybe next time they'll be lucky enough that someone with a functioning moral compass (and buddies with functioning moral compasses) will find the device.

For all we know, this has already happened a dozen times in the past. But in those cases the finders did the right thing and all was well.

There is no system on Earth that can fully protect against human dishonesty.
 
But you're looking at the whole board, which is very annoying. I only want to talk about all the trouble that rook over there is in.
As do I, the trouble is that we've been stuck with pretty much the same toolkit for several days. Knowing his identity didn't really bring anything new to the table, around which the patrons have "ZZZZZ" drifting out of their nostrils.

(By the way, the guy doing subtitles on "Debby Does Dallas" led you astray. You "pique" curiosity, even if a peak might satisfy it.)
Dang. I always get one wrong once a month or so. Still, I'm a couple of notches above "nucular", "foilage", "could of" and confusing "its" with "it's", so I'm getting there.
 
Do I think that it's a bit extreme on apple's part? Yes. That phone is intellectual property of Apple. They have every right to be freaked out of any IP technology wasn't taken as well before returning it.

It's just precaution. You have to take steps to enshure to IP knowledge was transferred nor obtain. That's the reason it's extreme.

Apple is a multi billion dollar company.
 
As do I, the trouble is that we've been stuck with pretty much the same toolkit for several days. Knowing his identity didn't really bring anything new to the table, around which the patrons have "ZZZZZ" drifting out of their nostrils.

We got the new nugget - his friend "offered to" call apple support. That's considerably more vague and squirrelly than "he tried and tried to call Apple and they refused - REFUSED I TELLS YA! - to take their phone back - they said 'keep it, kid! and stop bothering us!"
 
You could if the phone was a prototype corporate trade secret.
If you ran a local business of the size of Apple and the device was a prototype and intellectual property as well as physical, then yeah, probably. This was not just any phone. It's been said.
Well, yes, but that's my very point. Should I sleep better at night knowing the police are more interested in propitiating large conglomerates instead of pursuing legitimate threats to our safety?

A reevaluation of priorities is in order.
 
Glad they posted his pic. There's a do-not-hire. He's either completely immoral, or lacking basic reasoning skills.

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:

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.
I don't think people are being hard enough on him. If you found a Mercedes parked outside with the keys on the seat, would you think it was right to sell it on Ebay? Take pictures of it, sure, maybe. But sell it to be disassembled, when it's clear who the owner is? No.

Redwood city isn't that far from Cupertino, he could have carried it back. Post Office delivers everywhere. If he didn't intend to return it himself, he should have left it at the bar.

I see no room for leniency here.
 
Sloppy security on Apple's part, I bet they won't leave a top secret phone in a bar again. Lesson learned the hard way.
 
Shortly after Gizmodo published its story, people identifying themselves as representatives of Apple appeared at Hogan’s home seeking permission to search the premises, according to a source involved with the iPhone find. A roommate turned them away.

Presumably Apple knew that Gizmodo had the phone "Shortly after Gizmodo published its story." I wonder what they wanted to search for? Didn't Gizmodo have the phone at that point?
 
I bet many of you will nail this guy up to a cross... huh?

Happily... With extra nails to make it more painful and morally satisfying.

Goodbye middleman. Goodbye collegeboy. Goodbye Gizmodo.

I hate thieves.



California’s penal code, section 485:

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

California’s civil code, section 2080.1:

If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it.
 
If I was this person, I (and MANNNY OTHERS) would have done the same thing...

Well, I'm not going to jump all over Manny, just because of what you said, but you might want to stay tuned. Maybe seeing what happens to the lives of these folks will change your mind about following their example. Even if they cut a deal and avoid jail, they're going to be "that guy" for a long time.

Turns out that dirtbags have a hard time getting people to trust them, which makes it hard for them to find jobs, date women, or borrow money.

But if the economy gets going again the folks hiring for the minimum wage jobs at MacDonald's won't be able to be so choosy, so with luck there's still that option open.
 
This forum has already tried, convicted, sentenced and hung Hogan before anyone knows what really happened. I hope none of you are on my jury should I ever face one.
 
As I already pointed out by including the quote from the original article, MR made an unfortunate choice in choosing the work "attempted" when what actually reported in the article was

"people identifying themselves as representatives of Apple appeared at Hogan’s home seeking permission to search the premises, according to a source involved with the iPhone find. A roommate turned them away."

If you choose to continue to pretend like what he wrote in the summary is accurate and what the reporter who spoke to the guy wrote in the article is fantasy, you go right ahead. Some of us actually read the article.


I'll never buy an Apple product again.

Your loss.

So you were there? Cool.

Or is the issue with how MR wrote the copy?

No but the reporter who wrote the article spoke to someone who was...Yes the choice of the word attempted was unfortunately misleading, but probably not maliciously so. It should be corrected because people only reading the summary are walking away with the wrong impression.

Uh, pardon me but I've seen this used to many times, it's gotta be my turn now: How do you know? Your account is every bit as detailed as the more ominous "men in black" scenarios presented, but last time I checked, we don't know the extent or manner of the attempt, if any. The exact words they uttered on the doorstep are unknown, and all sorts of trajectories lead away from there depending on choice of words, attitude, number of people etc.

A lone, stocky man who says "show me your stuff". When blown off, he walks away backwards, without the limp he had two minutes earlier.

Three girls in bikinis going "we have a present for Brian. No wait... Brian has a present for us. Oh shoot that came out weird."

Two transvestite cheerleaders singing "A! P! P-L-E! Give us phone and you go free!"

Six uniformed THX-1138 cops who just stared and fondled their night sticks. Nothing creepier than being stared at by six pairs of NO EYES.

We don't know.

We know what the person who was there told the reporter who wrote the article because some of us actually read it.

Presumably Apple knew that Gizmodo had the phone "Shortly after Gizmodo published its story." I wonder what they wanted to search for? Didn't Gizmodo have the phone at that point?


Gizmodo did in fact sy they "got it" but this guy says he only sold them the rights to the story. How was Apple supposed to know where it was? Certainly well within their rights to ask if they could look for it.

This forum has already tried, convicted, sentenced and hung Hogan before anyone knows what really happened. I hope none of you are on my jury should I ever face one.

People have formed an opinion on their guilt based on their own statements. We can assume they had no reason to make themselves look guiltier than they are...
 
Young and dumb...

5k from gizmodo??? Apple would have given him a mil easy...all he had to do was say the right thing, to the right person at apple... Shame this will prob cost him a lot in the end...
 
Gotta love lawyerspeak where

THIS:

Apple Guy: *knock knock*
Roommate: "Yes?"
Apple Guy: "Is Brian Home?"
Roommate: "No"
Apple Guy: "Can we come in, we have reason to believe he has item of ours?"
Roommate: "No, I don't think that's a good idea"
Apple Guy: "Ok."

BECOMES THIS:

"People identifying themselves as representatives of Apple appeared at Hogan’s home seeking permission to search the premises"

---

And...

THIS:
"Brian played around with the phone he found and instantly knew the exact name of the Apple engineer who had the phone via his Facebook app. Instead of contacting him directly, or turning it in, even though he knew it wasn't his, he then shopped it around to sell it to the highest bidder and sold it to Gizmodo for $5k."

BECOMES THIS:

“Brian opened the phone onto a Facebook page but then the phone shut down.”
(implying that it quickly crashed before any info was obtained)



“The First Thing We Do, Let's Kill All the Lawyers”
 
Totally

Blown

Out Of

Proportion

Exactly, dude! This is so like my situation -- I was outside a Detroit bar when I saw this cool looking Corvette unlocked with the keys inside. I asked a guy in the bar bathroom if he knew who it belonged to, but he said he didn't, so I drove it home. The car looked kinda funny, and when I removed some side panels, I found out it was actually a new unreleased 'Vette hybrid! I think some Chevy engineer must have been test-driving it, then drank too much when he stopped off at the bar and took a cab home instead of the car -- the engineer left his driver's license in the car. Well, my buddy said he'd try to call the local Chevy dealer's service department to see if they'd take the car back, but apparently they didn't know anything about it, so I figured instead that I could sell it to Road & Track and make some pretty sweet cash! They disassembled it and wrote about on their website, and jeez, the next thing I know frickin' GM knocks on the door asking about the frickin' thing! Fortunately my roommate knows all about the law, and says they can't go in the garage! Only now GM has bribed the cops to come by my house asking all sorts of questions. I just don't frickin' get it -- those bastards at GM have totally blown this out of proportion! Frickin' fascists!
 
You could if the phone was a prototype corporate trade secret.

When I was robbed at gun point, and my iPhone taken from me, I didn't get ANY response from the police. The police had the full ability to track my phone (I even alerted them when I could see the phone had been used), and yet they closed the case the minute it was opened.

Quite frankly, the guy who took this prototype is not a danger to society, nor is anyone really harmed by this entire episode. Apple (and its most rabid supporters) can yell and holler about "trade secrets" or some garbage like that, but at the end of the day, it wasn't this individual who exposed the supposed "trade secrets" and made them vulnerable to detection. There is great negligence on the part of Apple and its employee here, and to suggest that already scarce state resources should be used to pursue such a petty crime is really indicative of failing to see the forest through the trees.

Unless of course the State of California has now decided that each and every lost mobile phone is worth a massive investigation, and in which case, I'd like to know where to file my claim.

If you ran a local business of the size of Apple and the device was a prototype and intellectual property as well as physical, then yeah, probably. This was not just any phone. It's been said.

Clearly Apple should get premier service from the justice system. I mean we all know wealth buys access to justice, c'est la vie, but I thought we were all suspending disbelief and at least paying lip service to the idea of equality.

If I make more money than you, is killing me a worse crime than killing you? Do you have a scale for such purposes, and if so, where did you find it?

Your willingness to defend Apple's actions on the basis of its economic value is embarrassing. Hedonistic calculus has its limitations; you should reacquaint yourself with some of them.

He's 21 and he profiteered from stolen property that turns out to be worth billions in projected revenues.

It's not like Apple is going to lose any of that projected revenue. If anything, this media circus will probably increase the already immense profile of the iPhone brand.
 
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