That's the entire point. The guy in the bar didn't break into anything, didn't cut a lock, didn't pickpocket anyone, didn't trespass and take something... he simply picked up the phone which was abandoned by some drunk fool and wasn't in anyone's possession.
Hopefully this Gray guy learned a lesson.
So I guess I could go into a bar and take a bottle of Blue Label. It is just sitting there. Nobody is in possession of it. Why didn't this guy just go find an iPhone in the Apple Store and take it?
Taking something that you know belongs to someone else is stealing/theft.
It is worrisome that more than a couple people here don't understand that. Realize ignorance is not a valid defense when breaking the law, so for all of you who don't understand how and why this is a crime, you need to educate yourself, before you also break the law.
I really thought that the return of the phone would be the end of anything legal, maybe I was wrong!
Imagine that world.
Mr. Jones we know you burglarized 25 residences and stole $525,000 worth of merchandise, but since you offered to return it once we caught you, it is not a crime.
It is like in Belgium. Escaping from Jail is NOT a crime in Belgium. However if you steal your prison clothes when you escape, you will be charged for theft. So if someone successfully escapes jail in Belgium, they have to mail their clothes back to the jail to avoid committing a crime.
This is what absurd logic some of you seemingly think applies here, but it does not.
I am curious....with all the comments on California, in which state would have legal to buy/sell stolen goods?
Can everyone chip in?
I doubt there is any jurisdiction in the United States where this is not a crime.
It is petty to prosecute either of these people. And Apple employee took an unfinished prototype out drinking and left it there. This is no one's fault but his. For Apple to try putting the blame on anyone but their own retarded employee is vindictive and pathetic.
Kind of like Jodie Foster was asking for it when she dressed all slutty and played pinball right?