If you find a bag with $5000. in a bar, the California Law requires you to turn it in to the Police if you can't find the owner. After several months if it is not claimed, it's yours. And you will have to pay taxes on it.
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Legality of Gizmodo's Next-Generation iPhone Acquisition Examined
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As it has been stated multiple times MobileMe phone locate and remote wipe is not functional yet in 4.0 - the phone was wiped via exchange (most likely a requirement dictated by corporate).
Hmmmm. Things do get interesting.
I think the guy who got the device in the first place may have some explaining to do...yes, the phone was wiped (allegedly, by [EDIT: Apparently it was Exchange, not MobileMe]) when he attempted to look up the guy's Facebook profile again to call him.
But not calling or otherwise telling the bar??? REALLY?
You don't think that poor kid from Apple would have checked back at the bar? Hell, he probably gave the bar owner his business card to call if it turned up.
Some stories I read indicated the owner before Gizmodo tried to call managers at Apple to arrange return of the device and was ignored. Was this BS?
Gizmodo... that's dicey. They know they had a device with Apple branding. It could have been fake. It's hard to argue that Gizmodo didn't think it was real when they paid $5k for it. However, "suspicion" isn't something you can prove in court- so it'll be a battle of lawyers, I would assume. I wonder if this is going to kick Gizmodo off of Apple's nice list.
Apple planned for it to happen, or wants to minimize the issue and keep cool: Kid keeps his job
Apple wants to make it blatantly obvious that the kid lost the prototype and the rumor is reality, removing all possible suspicion: Fire him.
Even after the iPhone is announced, they've now put a face to this kid and have generated a massive amount of sympathy. Even people excited about the leak are outpouring support.
It's a lot easier to symphasize with a kid who you learn about that made a tragic mistake than a faceless, nameless, stupid Apple employee who lost something big.
I still feel bad for him too. He'd better be a lifer - because I doubt he's going to work with prototypes ever again at any other company.
EDIT 2: I think that there's still some doubt over whether this is a device we're going to see in finished form, or whether it was just one of many prototypes they lost. Firing the kid for losing it would basically be admitting that it's going to be the next iPhone.
Also, note that Apple never asked for an iPhone back - they asked for property. They can deny comment on what that property is and refuse to confirm that it's the phone.
I think the guy who got the device in the first place may have some explaining to do...yes, the phone was wiped (allegedly, by [EDIT: Apparently it was Exchange, not MobileMe]) when he attempted to look up the guy's Facebook profile again to call him.
But not calling or otherwise telling the bar??? REALLY?
You don't think that poor kid from Apple would have checked back at the bar? Hell, he probably gave the bar owner his business card to call if it turned up.
Some stories I read indicated the owner before Gizmodo tried to call managers at Apple to arrange return of the device and was ignored. Was this BS?
Gizmodo... that's dicey. They know they had a device with Apple branding. It could have been fake. It's hard to argue that Gizmodo didn't think it was real when they paid $5k for it. However, "suspicion" isn't something you can prove in court- so it'll be a battle of lawyers, I would assume. I wonder if this is going to kick Gizmodo off of Apple's nice list.
At least Gizmodo named him.frenchroast said:
Apple planned for it to happen, or wants to minimize the issue and keep cool: Kid keeps his job
Apple wants to make it blatantly obvious that the kid lost the prototype and the rumor is reality, removing all possible suspicion: Fire him.
Even after the iPhone is announced, they've now put a face to this kid and have generated a massive amount of sympathy. Even people excited about the leak are outpouring support.
It's a lot easier to symphasize with a kid who you learn about that made a tragic mistake than a faceless, nameless, stupid Apple employee who lost something big.
I still feel bad for him too. He'd better be a lifer - because I doubt he's going to work with prototypes ever again at any other company.
EDIT 2: I think that there's still some doubt over whether this is a device we're going to see in finished form, or whether it was just one of many prototypes they lost. Firing the kid for losing it would basically be admitting that it's going to be the next iPhone.
Also, note that Apple never asked for an iPhone back - they asked for property. They can deny comment on what that property is and refuse to confirm that it's the phone.
gnasher729,
The engineer is in trouble because he took an iPhone prototype to his birthday party, got drunk, and left the phone there.
We call this defamation. You have no proof he got drunk. He may have had one or no beers and still forgotten the iPhone.
The engineer is in trouble because he took an iPhone prototype to his birthday party, got drunk, and left the phone there.
We call this defamation. You have no proof he got drunk. He may have had one or no beers and still forgotten the iPhone.
Or he had one beer. Or 10. We dont know how many he had or if he was indeed drunk. People go to bars all the time and may not have any more than one beer.
I think we can assume that he did have a few beers - his facebook feed says as much.
He posted "I underestimated how good German beer is" during the time he was at the bar. It was his birthday, and it was probable that he was drunk.
Nevertheless...
dukebound85 said:
No one was there with a breathalzyer to check if he met the legal definition of intoxication.
Some people will drink just a couple beers over four hours. Now, with a 27 year old, on his birthday, this is less likely. But at that point you're stereotyping against him without any proof.
We know that he called the bar several times afterward.
Not quite. The most we know is that he may or may not (since we have no confirmation of this) have called Apple support. Obviously they would not have been in any position to comment on a phone that they likely has no knowledge of, and without any evidence by the finder, was ignored. No management.
If course no reasonable person can assume that this implies that the phone is now their property. Being ignored is not very convincing (assuming that it did happen)
I find it interesting how a lot of posters feel the engineer is at fault and that he "left" the phone on the bar stool....
No one has heard his side of the story. Gizmodo is telling the engineers side of the story thru a third party (or pure fabrication) and most think that their statement must be true...
However, isn't it possible this guy was pick pocketed as a target in this bar? The only ones saying he left it, are the ones that have the most to gain financially and the most to lose, if they are legally found guilty of many crimes.
Apple could likely tell where this phone has been via GPS as long as the battery is in it (not sure once it's bricked), and have probably been building a case for the last month, not expecting it to be torn apart and strewn across the web before they retrieved it.
No statement from the engineer about the situation and no statement from Apple means they are building one hell of a case. Gizmodo is likely going to be served on a Tuesday, simply because Apple always celebrates X-mas on Tuesdays...
Good luck Gizmodo, karma is a bitch.
No one has heard his side of the story. Gizmodo is telling the engineers side of the story thru a third party (or pure fabrication) and most think that their statement must be true...
However, isn't it possible this guy was pick pocketed as a target in this bar? The only ones saying he left it, are the ones that have the most to gain financially and the most to lose, if they are legally found guilty of many crimes.
Apple could likely tell where this phone has been via GPS as long as the battery is in it (not sure once it's bricked), and have probably been building a case for the last month, not expecting it to be torn apart and strewn across the web before they retrieved it.
No statement from the engineer about the situation and no statement from Apple means they are building one hell of a case. Gizmodo is likely going to be served on a Tuesday, simply because Apple always celebrates X-mas on Tuesdays...
Good luck Gizmodo, karma is a bitch.
Even though this is really exiting (seeing the new iPhone and everything)... I feel really bad about this situation, I feel like I am invading apple's privacy by looking at these pictures. I feel like that spy in the iPhone 3G S ad... like I'm a criminal
According to Robert, Grays father, he admits that he lost it - doesnt change anything - Robert calls the finder a thief.
Even though this is really exiting (seeing the new iPhone and everything)... I feel really bad about this situation, I feel like I am invading apple's privacy by looking at these pictures. I feel like that spy in the iPhone 3G S ad... like I'm a criminal
oh for god sakes, it's a damn phone for crying out loud. People make it seem like we just gave up some nuclear secrets to a russian spy or something. Yea, this Apple employee screwed up and Gizmodo didn't act with good intentions. But literally having people crying over this is just pathetic. I like apple products, but having people worship the company is just too much.
Great that you want to be surprised, so why do you "check Macroumers frequently" again?
Again there's bound to be an exception for every rule. The rule here is that there is a well documented pile of drool up until yesterday. And now the consensus here is that Apple should extract a pound of flesh from the malcontents. I call that two-faced.
And I still think Apple is complicit in this leak.
"Fickle Mobs"
I think you miss the point entirely. Of course anyone who reads MacRumors or Gizmodo is plenty interested in speculation and leaks regarding Apple and other tech products. But it's all in fun because we like the products and like to read about them. No one is desperately in need of the information however, it's entertainment. And, most importantly, no one, when they seriously think about it, wants someone to commit two (at least) felonies to get them this information. So it's not a "fickle mob". You can be enthralled with learning about the workings of the 4g phone, but still recognize how creepy and illegal the methods of "reporting" the story were. And when you realize that the line has been blatantly crossed, and that the folks here are as innocent as car thieves, then the story loses some luster. Especially when someone may go to jail for the "scoop" of confirming that the next iPhone will probably have a forward facing camera for Skyping and won't have a removable battery.
Look, these websites are no better than the National Enquirer. Some folks find it interesting to see photos of a celebrity at their home with their family taken by paparazzi with a long-distance lens. But let's say the same paparazzi trespassed on the celeb's property, picked the lock on the front door and got a close-up of the shocked celeb and family eating dinner in their dining room. It would still make for an interesting picture - but I don't think anyone would have any sympathy for the paparazzi if the DA decided to press felony trespass charges against them.
I think you miss the point entirely. Of course anyone who reads MacRumors or Gizmodo is plenty interested in speculation and leaks regarding Apple and other tech products. But it's all in fun because we like the products and like to read about them. No one is desperately in need of the information however, it's entertainment. And, most importantly, no one, when they seriously think about it, wants someone to commit two (at least) felonies to get them this information. So it's not a "fickle mob". You can be enthralled with learning about the workings of the 4g phone, but still recognize how creepy and illegal the methods of "reporting" the story were. And when you realize that the line has been blatantly crossed, and that the folks here are as innocent as car thieves, then the story loses some luster. Especially when someone may go to jail for the "scoop" of confirming that the next iPhone will probably have a forward facing camera for Skyping and won't have a removable battery.
Look, these websites are no better than the National Enquirer. Some folks find it interesting to see photos of a celebrity at their home with their family taken by paparazzi with a long-distance lens. But let's say the same paparazzi trespassed on the celeb's property, picked the lock on the front door and got a close-up of the shocked celeb and family eating dinner in their dining room. It would still make for an interesting picture - but I don't think anyone would have any sympathy for the paparazzi if the DA decided to press felony trespass charges against them.
I wasn't aware that this was mentioned anywhere? Lost certainly doesn't eliminate the possibility that he was targeted.
I find it funny, how the phone was disguised as a 3G (very well from the pics I saw) and the good Samaritan (tongue in cheek) was able to immediately determine its a prototype.
He know Gray's full name and where he works.... Umm address it to him and drop it in a FedEx pouch... Search completed.
With his truly exhausting search (tongue in cheek) and obvious lacking ability to use facebook, he somehow managed to find not one, but at least two possible buyers on the interweb thingy... LOL
publicity stunt, get over it. also note that the 1st iPhone was "revealed" officially earlier than this time of year. not unprecedented.
Sorry, you are wrong. It is not in the statutes quoted above and not in any statutes in the US. In fact, those statutes create a duty for the finder to act for the owner's interest if the finder takes possession. Only if the finder followed the detailed rules would they have a chance of keeping the property after 3 months or so. They didn't follow the rules. Not sure what courts you frequent, but most courts would throw the book at these guys for stealing someone's phone. You may be thinking of what happens if you find property that has been abandoned.
Its the only way that they could remote wipe this phone and it is compatible with Snow Leopard. My guess is that they use it to a certain degree.
I hope that's not true; but with attitudes like yours continuing to spread their poison through our society, I suppose it could be possible. I know that I would have turned it in at the bar, anyway. That's just how it's done.
Really???? People actually believe this! Wow!
After millions spent in development, design and testing? They want a proprietary product practically handed to their biggest "starving" competitors on a silver platter two months before launch. It changes all marketing strategies for the competitors, it affects Apple's inventory estimates, and gives the guy next door a two month window to improve his product and even exceed the about to be released iphone.
Also, if it were a publicity stunt they wouldn't leak it to a bunch of frat boy morons that have done nothing to garnish respect in the consumer electronic industry.
LOL your smoking crack.
How is Mac **Rumors** exempt from "these websites" when they pass along the scoop?
The paparazzi only exist because there is a market for their work. What point am I missing?