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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.

I read the Cali Law about lost property. But who's the owner? the one who lost it or Apple?
 
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?

I have yet to hear anyone ask to have him slowly tasered to death. Most people on this board would have driven 20 miles to Apples main campus and asked to see senior management before they handed it over. (Just to keep the security guard from pocketing it.)

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.

They knocked on the door and asked to come in. Not that strange or illegal.
 
What would it take for me to get the same level of support from these officials? Could I even get the same level of support?

Equality under the law is for bearded idealists and college textbooks.

Sorry, too cynical. Of course anyone with the same power and influence could get the same level of support.

Peace said:
You could if the phone was a prototype corporate trade secret.
There's no such thing as a "prototype corporate trade secret". A trade secret is just information satisfying certain conditions which hasn't been disseminated. By an Apple employee voluntarily dumping some hardware which happens to reveal some secrets at a bar, some trade secrets may have been legally rendered not trade secrets. Joe Finder is free to collect whatever information he wants about that phone and publish it, copyrights aside, and that's Apple's problem, fault, etc. Unless there's any evidence of a conspiracy to leak secrets, which would involve planned theft from Apple with the possible cooperation of a nawty employee, this is just straight marketing campaign/lost property.
 
The moral point that everybody is choosing to ignore is this:

{snip}

When he took it, he was straight up stealing somebody's phone that they'd misplaced. No special circumstances involved.

Exactly. He even found out who it belonged to (Facebook) and refused to return it to him. He sold it to Gizmodo and told them it belongs to this guy named Gray Powell. Instead of calling Gray, Gizmodo then proceeds to tear it to shreds to get as many page hits as possible.

Gizmodo go byebye.
 
Are you really that inept? What did Apple do here? A piece of their hardware was STOLEN, then SOLD, and now the people that committed the felony are being prosecuted by the law.

Seriously, I can't believe you could be that dumb as to not realize that a crime has been committed here. :rolleyes:
Careful, he could be called to jury duty on this very case.

Barely anyone outside the Mac community is upset by this, you see, for they have no brand loyalty playing the violin inside their head, and they are seldom experts on California State Law. It's not inconceivable that some on the jury will be idiots, others will be hippies with a relaxed approach to the law, and some may even be Apple haters.

Remember OJ?
 
I can't believe that, after about 5000 posts over the last few days, people are still bringing up these same clueless arguments. I also can't believe I've read most of them. Must. do. work.

I know. I don't understand why people are defending a likely criminal act.

Well, at least Gray Powell isn't the only one getting his information posted online.
 
They knocked on the door and asked to come in. Not that strange or illegal.

Same thing I did, when I was a kid, with my Dad, when my bike was stolen. I heard through the grapevine, who had it, so me and my Dad went over and knocked on the door and left a while later with what was left of my bike.

I would never take someone else phone from a bar, IMO, only someone looking to profit would.
 
i love apple products, but i won't support any kind of legal action they take in this matter. they may be a "legal juggernaut", but that doesn't mean they get to bribe law enforcement (yup, i said it cuz that's wut i think happened) and push people around for their own appeasement.

i hope the EFF finds the smoking gun here to stop what's going on with Chen.

this whole ordeal is beyond ridiculous. the phone's been returned. enough is enough.
 
Scenario 1:

An engineer Leaves an iPhone prototype in a bar (loses it)

Who thinks Apple is damn luck to even get it back?

Scenario 2:

An engineer has his iPhone prototype stolen while in a bar

Who thinks Apple is damn lucky to even get it back?
 
I'm no law genius, but I don't think the law recognizes mistakes, poor judgements or brain farts. ;)
I think the custom of letting first time offenders off with a slap on the wrist is precisely that: Recognition of a possible brain fart.
 
Inappropriate and creepy. Scientology creepy.
. . . in regards to apple requesting to search the home . . .

Indeed creepy - i imagine that they were at the edge of the law with a request like that.

However i wonder if they wanted to keep things quiet (prototype phone) as bringing in the local police makes it public. What an interesting window into to how locked down and secret protecting Apple is.
 
i love apple products, but i won't support any kind of legal action they take in this matter. they may be a "legal juggernaut", but that doesn't mean they get to bribe law enforcement (yup, i said it cuz that's wut i think happened) and push people around for their own appeasement.

i hope the EFF finds the smoking gun here to stop what's going on with Chen.

this whole ordeal is beyond ridiculous. the phone's been returned. enough is enough.

The phone being returned doesn't just make everything go away. If a car was stolen and then it was recovered and returned to its owner, a crime would still have been committed.
 
I'm no law genius, but I don't think the law recognizes mistakes, poor judgements or brain farts. ;)

Mens rea, which may at some point be translated into a jury getting to decide whether beyond all reasonable doubt he did not make a reasonable effort to return the 'phone.

And he called a representative of the owner, who refused it, soooooo...

(Apple users love a soap opera!)
 
Geez-It's Theft

<<Let's get real for a second. An Apple employee LOST THE PHONE. Let's not forget this. HE LOST THE ****ING PHONE. Apple needs to ****, put there tail between their legs and get over it. All of you defending Apple's actions are nothing but suckups.>>

He lost it, left it, whatever. Stuff happens. Nice to know so many of you would do the same thing and not turn it in to the bar owner or try to contact owner. Giz and the rest of the asswipes can spin it any way they want. Once it was taken and no real attempt was made to return it, it was theft. Selling it was selling and buying stolen property.

They knew what they had. I would have driven to Cupertino and returned it. Probably would have gotten more in reward than they got from Giz, of which won't cover the lawyers.

I'm not too impressed with the younger generation, from the drunk from Apple to these rocket scientists.

Just frigging do the right thing. If you left behind something at a bar you'd hope that someone would return it. Doing the right thing ain't that hard. Or maybe it is for many of you.

And it's "their", not "there". Spell check doesn't catch stupidity.
 
I think the custom of letting first time offenders off with a slap on the wrist is precisely that: Recognition of a possible brain fart.

The original quote said he wasn't a thief, and technically he is a thief according to the law. He sold something that was not his to sell. I'm not saying he should go to prison, but he did break the law.
 
<<Let's get real for a second. An Apple employee LOST THE PHONE. Let's not forget this. HE LOST THE ****ING PHONE. Apple needs to ****, put there tail between their legs and get over it. All of you defending Apple's actions are nothing but suckups.>>


They knew what they had. I would have driven to Cupertino and returned it. Probably would have gotten more in reward than they got from Giz, of which won't cover the lawyers.

...or arrested, think about it.
 
And he called a representative of the owner, who refused it, soooooo...

No he didn't. All the article said was that a friend offerred to do this for him.

Then calls were placed to the tech press, fishing for a payout which he got. Also note he used go betweens for all these activities.

He will probably get off, but IMO doesn't deserve to. What honest person takes stuff from a bar that isn't thiers, and then gets go betweens to negotiate a payout.

The guy is scum.
 
I personally would have eMailed a photo to Steve Jobs and asked if he would like it back, meet him for lunch and coffee and asked if he had any open positions for an honest person... He probably would at least gave me some :apple:Credit.:D
 
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