Legality of Gizmodo's Next-Generation iPhone Acquisition Examined

[Bill&Rose]

This case would go nowhere, first off the person who found the phone, FOUND IT, did not steal it, he waited to see if the guy would come back, he did not return looking for the phone.

Second, he then tried to give it back to Apple and they played dumb like they knew nothing about it. That is strike two against Apple.

Third, You can't charge someone with stolen property when you lose something. That is strike three against Apple.

When Apple contacted the web site, they returned the phone. I highly doubt Apples wants to get embarrassed in court by the judge for this BS case.

End of story.

This whole phone deal was a plant, Apple did this on purpose for publicly.

Pretty sad if you ask me.

 

[kdarling]

Hmm. No matter what, it seems to me, that ...

If Apple doesn't do anything at all, then they're setting themselves up for this scenario to happen again in the future. There's no deterrent.

--

I still say Apple should've at least had a label on it with a "If found, please call this number for a reward." message. It's just common sense.

 

[ShiftyPig]

Asking around for an hour does not constitute "effort".

Called Apple. Bounced around to phone reps. They didn't make an effort to retrieve it. Or did you forget that part of the timeline?

 

[ct2k7]

Get lost with this. The man made an effort both at the time and the next day in contacting Apple.

There needs to be an IQ test to sign up for this place.

Actually, he didn't make a proper effort- calling AppleCare who wouldn't know anything about it? It is not effort to call a switchboard.

He stole it, he knew exactly what he was doing. He didn't make reasonable amends to try to return the device, given that he had the owner's information at hand.

I agree there needs to be an IQ test to sign up to this forum, to filter out people like you who cannot properly indicate. I don't appreciate you calling my forum peers names at all, and frankly, you were out of line to do so.

 

[Scottological]

It's pretty clear both the finder and Gizmodo could face mad damages in a civil suit. That said, Steve & co have a choice how they're going to react to this, and considering how much Gizmodo has shilled their products in the past, the magnanimous thing to do would be to just shrug it off, even joke about it. While you could make a theoretical case that the exposure of Apple's intellectual property could conceivably cost them revenue, we all know the 4G is going to sell like hotcakes anyway.

If Steve had a sense of humor about it, he'd call up that engineer, Powell, to introduce the iPhone at the big event this summer. Now that would be a class move.

 

[Cuju]

It's pretty clear both the finder and Gizmodo could face mad damages in a civil suit. That said, Steve & co have a choice how they're going to react to this, and considering how much Gizmodo has shilled their products in the past, the magnanimous thing to do would be to just shrug it off, even joke about it. While you could make a theoretical case that the exposure of Apple's intellectual property could conceivably cost them revenue, we all know the 4G is going to sell like hotcakes anyway.

If Steve had a sense of humor about it, he'd call up that engineer, Powell, to introduce the iPhone at the big event this summer. Now that would be a class move.

That would actually be hilarious!

 

[BertyBoy]

Oh please. Only in America.

Some muppet / balloon / halfwit Apple Engineer takes his "trade secret" iPhone to a bar, gets lashed up, loses it and the unlucky good samaritan that finds it gets threatened.

I can't believe the twit that lost the phone still has a job. He's got his phone back so there is no case. In fact the whole of any case which may arise (and I doubt there will be) is based on the testimony of the ned that lost the phone. I can hear the defence attorney's opening question to the Apple employee, "Had you been drinking ? No further questions".

The finder and Gizmodo should be asking for a "handling fee". Just how much effort and expense must an individual go to to return lost propoerty ? Hand it to the bar owner ? Sure, they're well known for their honesty.

 

[jtara]

Man, if I found this phone I'd return it to Apple ... as long as I got to hand it back to Steve personally just to see the expression on his face. Probably the only way I'd ever meet Steve face to face anyway.

And what great PR for the finder. He could have been all over the news as a "good guy", and if he happened to be in need of a job, I'll bet employers would be crawling all over him with offers.

Either wait till the official release, or publicize the return now and say NOTHING about features or appearance.

This guy blew it for $5000. He could have done a LOT better by doing the right thing.

 

[BruiserBear]

I don't understand the logic behind people saying they hope the whole gawker network is taken down or that they hope Gizmodo is closed down.

There usually isn't much logic behind fanboy dreams of revenge when the company they love so much is harmed. lol

 

[myusernamesucks]

why does the owner of the bar have any right to the phone?

He doesn't. Who says he does. You find something at the bar - you turn it in.

if i'm in a Walmart parking lot and find 20 bucks sitting on the ground, am I supposed to give it to someone at Walmart to "give back to the owner"?

Yes, if it's clear where it came from. If not, your lucky day. Brutal comparison on your part.
I thought Apple's primary concern security and secrecy...why let your NEXT BIG THING out of the building at all?

I would imagine they like to test their devices first.

If you leave your phone somewhere, and you don't come back to get it, and someone finds it, then if you are lucky, they look through your phone book and call "mom" or whomever looks like the most important/most called person on the phone, and then you arrange to meet the person somewhere and get your phone back.

If you are unlucky, someone finds your phone, pulls out the sim card and sells it on ebay.

The guy who found the phone probably didn't even get a chance to call "mom" because Apple remote-bombed the phone. Can't they push a message to the phone instead? wasn't that one of the new MobileMe features they were touting a couple years ago? Send the guy a message like "Hey, you seem to have found something that isn't yours. Please drive to 1 Infinite Loop to trade the thing you found for a $200 reward. Do not pass Go, or you will not collect $200."

Mobile me is apparently not working yet on 4.0

AND

Yes, he did have a chance. He used that chance to go through the Facebook account on the phone and determine who it belonged to. He had the chance and failed to take it.

But no, Apple went with remote-wipe.

I wouldn't be surprised if the whole event was planned.

I realise you're either the world's worst troll (in which case I'm embarassed for responding) or you have a fragile grip on reality, but please think before you type.

 

[wlh99]

I expect that there were some conversations between Apple and Gizmodo before any pictures were posted.

They could have revealed much more information than they did. Most likely apple and gizmodo came to an agreement about what could be posted. Gizmodo got the great story, and apple got the device back with no real new information.

If anyone gets into trouble, it would be the original thief, who most likely grabbed and ran when the owner wasn't looking.

 

[ShiftyPig]

Speaking of abortion, bye bye ******Pig.

Classy from a... what, 41-year old? Brilliant.

Actually, he didn't make a proper effort- calling AppleCare who wouldn't know anything about it?

He stole it, he knew exactly what he was doing. He didn't make reasonable amends to try to return the device, given that he had the owner's information at hand.

I agree there needs to be an IQ test to sign up to this forum, to filter out people like you who cannot properly indicate. I don't appreciate you calling my forum peers names at all, and frankly, you were out of line to do so.

What else do you do... call up Jobs? This thread is acting like someone who has an emotional interest in a case and can't see the objective letter of the law. Apple routed his call where it chose to do so.

And indicate what? That verb requires an object.

 

[MacBOS]

Hmm. No matter what, it seems to me, that ...

If Apple doesn't do anything at all, then they're setting themselves up for this scenario to happen again in the future. There's no deterrent.

--

I still say Apple should've at least had a label on it with a "If found, please call this number for a reward." message. It's just common sense.

its kind of like that titanic effect, they never thought it wold sink and apple never thought a top secret iPhone wold get lost in a bar

 

[SFC Archer]

WOW...you fanboys totally amaze me!!!
What about the "OTHER" questions that are not being addressed here...

1) Why was an employee taking a controlled prototype item out of the factory and to a SOCIAL PUBLIC PLACE? To show it off? Cmon

2) If Apple was able to WIPE it, why did they not use the location finder and/or call the phone? Seems to me that the OWNER did not make any attempts to track, find or acquire the phone either. It was only wiped after he reported it missing.

3) I believe this to be a clever, advertising release to create another intense buying frenzy when it is released. Nothing will ever happen to the owner of the phone, Gizmodo or anyone else. Apple has successfully created what it set out to do and has a great number of you already eating out of their hands to buy the next generation.

Do NOT get me wrong, I am not saying Gizmodo or the individual that "found" it are right in anyway shape or form. Both are liable if anyone decides to enforce the laws as described.

However, I laugh at this as I have seen 100's of posts on this and other forums of stolen iPhones and you all are screaming foul play over this incident but then give the posters of stolen iPhones a hard time by cutting them down and belittling them because they are to young or should not have had the phone with them at school or the 100's of other cutdowns you have posted.

An Apple Employee taking a Prototype to a FRIGGIN PUBLIC BAR, having it out, accidentally leaving it behind....LMAO, is a planned set up and advertising release to get you all interested and in a buying frenzy. Look at all the posts to Gizmodo and this forum of "Does it have this or that??? Does it do this or that now??? They have you all by the short hairs and now know what the market will be

 

[Drag'nGT]

Boy it would suck if this wasn't the model they planned to release this year. Not they have to. And Jobs can't stir up buzz about it. Someone stole the lightning from his thunder.

 

[Cartaphilus]

The government has no position in this matter, hence they can't take criminal action.

<sigh>

 

[Scottological]

Unlawful possession of stolen property. When the guy left the bar with it, he stole it. It doesn't matter what they did with it or that it was returned. It was acquired illegally.

Not exactly true. If you find and then take property that's not yours, you have to turn it over to either the police or some other party who will, ostensibly, return it -- the bar, for example. But you don't have to turn it over to the bar. In fact, in many bars I frequent, that's a sure way to make sure the rightful owner never gets it back.

In New York City a few years ago the police ran a sort of sting operation in the subway. They left a purse or satchel on the platform and then posted a uniformed police officer at the gate. If someone took the purse and did not turn it over to the police officer, they were arrested immediately.

However, the DA ultimately through out all the cases from this sting because there is nothing in the law that says you have to turn it over to any old uniformed cop standing around. You can turn it in at the police station, try to contact the owner yourself, etc.

The question is in this case, was a good faith effort to return the phone made or not?

 

[MacBOS]

I want to see everyone face wen Steve comes up the stage ad reveal the hoax

Now there is a jaw breaker right there

 

[lewisdorigo]

IF THE APPLE EMPLOYEE HAD MOBILEME THEN HE/SHE COULD HAVE USED "FIND MY IPHONE" AND FOUND IT!....

thank you i usually don't use all caps lol

Actually, no he couldn't. The device was running a beta of OS 4, and as our developer friends here know, Find-My-iPhone is one of the features that is broken in the beta of OS 4.

 

[bdkennedy1]

You turn it over to police you dumbass. If you are in my house, pick up my friends phone, leave with and don't contact them. That's stealing.

Classy from a... what, 41-year old? Brilliant.



What else do you do... call up Jobs? This thread is acting like someone who has an emotional interest in a case and can't see the objective letter of the law. Apple routed his call where it chose to do so.

And indicate what? That verb requires an object.

 

[MacGiver]

LOL...that really makes me laugh all of you bashing on Giz...maybe their CEO should also go to jail? or death penalty maybe? Apple should just let it go...
The only part I do not like is that they pay 5K to get the iPhone but come on guys, be realistic...what if you were a Giz geek and someone calls you and tell you he found the next gen iPhone? You would take it open it, and then return it to Apple once you have done everything Giz did (and i would have like to see more like x-ray, etc...)...would't you? Or maybe you would just tell yourself...OMG Apple lost their prototype...Let me call them right away and return it to them!

The Apple guy should have never lost it...as simple as that. How can you loose such a thing...Instead of bashing on Giz i would as well say that the Apple guy should be fired...it was his responsability to keep this out of anyone around...The apple guy was certainly too laid back...
X

 

[1984]

Oh please. Only in America.

Some muppet / balloon / halfwit Apple Engineer takes his "trade secret" iPhone to a bar, gets lashed up, loses it and the unlucky good samaritan that finds it gets threatened.

Good samaritan? Are you ****ing kidding me?

 

[MadCow42]

Jobs is classy, and the classiest response would be...

The classiest response would be to have the poor engineer who lost this thing walk out to introduce the new phone on stage.

"Hey... we ****ed up and lost one of these in the wild. Oh well, here it is."

 

[MacBOS]

Actually, no he couldn't. The device was running a beta of OS 4, and as our developer friends here know, Find-My-iPhone is one of the features that is broken in the beta of OS 4.

i don't know about that but I think that it was more in there interest to wipe the phone than start looking for it on GPS wile hackers are meddling with 4.0 for the next jailbreak

 

[till]

The question is in this case, was a good faith effort to return the phone made or not?

Irrelevant. He sold it. You can't sell crap that isn't yours, not ethically, not legally.

Maybe, maybe calling the wrong people and giving up would be excusable if he hadn't then sold it. Maybe then we could call him simply lazy. But he knew the identity of the owner, and obviously knew the owner would want it back because it was pretty damn valuable. And then he sold property that was not his.

Whether or not Gizmodo is legally liable is another issue. The guy who actually stole the phone...stole the phone.