We have a drunk Apple engineer leaving an iPhone prototype in a bar. We have a second party who found it and made good faith attempts to return it to Apple. Then we have Gizmodo offering $5k for it. Apple requests its return and Gizmodo complies in a timely manner.
So far the chief issue here is the $5k transaction, at least regarding criminal proceedings.
A number of problems with your analysis. First, it is not clear that he made a good faith effort to return it. Apparently, he called AppleCare - which for non-Apple customers is the Apple tech support hotline. I'm not sure why anyone would expect the tech support people to know anything about a prototype. Nor is there any evidence that he even told them it was a prototype. For all we know, he said "I found an iPhone. What should I do with it?" which is clearly not a good faith effort.
There are a zillion things he could have done that WOULD BE good faith efforts:
1. Answer the phone when the person who lost it called. Apparently, the 'finder' refused to answer it. Ordinarily, I wouldn't answer someone else's phone, but if I found a lost phone, I would assume that it's the owner or someone who knows the owner so I would answer it.
2. Turn it over to the bartender, or if he doesn't trust the bartender to the bar manager.
3. Call Apple HQ and ask to speak to the person in question (he knew the name at that point).
4. Leave a message on the person's Facebook page (which he also knew at that point) telling him he found the phone and giving him his contact information.
5. Deliver the phone in person or by mail to Apple HQ.
6. Call the Apple HQ receptionist and ask to be put in contact with Jobs' office because he found a lost prototype phone.
7. Turn it over to the police.
8. Put a free ad on Craigslist saying that he found a phone in such and such bar at such and such time and would the owner call him.
Some of those ideas are probably better than others, but they might all be considered a reasonable effort (particularly if he tried several of them). Simply calling tech support is NOT a good faith effort.
As for the rest of your post, there are actually TWO crimes here:
1. Theft or private property
2. Purchase of stolen property
Steve Jobs thinks he is above the law. I think the FBI needs to launch an investigation into whether Steve is tampering with due process of law by trying to bribe the Santa Clara police.
Steve Jobs thinks he's above the law because he wants California crime laws enforced? What bizarre logic. (Not to mention, of course, that it's not at all clear that Jobs even asked for the law to be enforced).
Oh, and btw, you are guilty of slander. I hope you have a good attorney if Apple chooses to prosecute.
Some of you need to pay more attention to the facts. As has been said repeatedly the "finder" went to bed and woke up intending to contact the owner but the phone was bricked. He then called Apple once he knew what he had and they blew him off. It's pretty clear he made good faith attempts.
See above. There's nothing good faith about it - particularly since he sold it for $5 K after an obviously contrived effort to call Apple's tech support group.
There's another interesting aspect that no one has mentioned. How did this random guy in a bar in CA who finds a phone that's disguised as an iPhone happen to call Gizmodo - a NY corporation? Is that the first person you'd think of to call to return the phone? Hardly.
Keep in mind that Gizmodo has a history of stunts like this and had a huge reward offer for Apple prototypes. I think it's more likely that they specifically hired someone to hang around bars where Apple employees congregate in order to try to get inside information.
Yes, if you're a 3 year old in a playground, that phrase is used. Fortunately, most people leave that stage of moral development by the time they get to Kindergarten.
I think this is very messy.
Apple likely cannot sue Gizmodo. Why?
First, for one: Gizmodo is a New York entity, not a California one. They have no duty to act under California law.
ROTFLMAO.
In a thread full of inane statements, yours is the most bizarre. Congratulations.
Where in the world did you get the idea that you could commit a crime in one state and then cross state lines and all was forgiven? If you commit a crime in CA, you can be charged in CA - regardless of whether you're from NY, FL or even another country.