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Yes. They purchased the physical phone itself. If they had paid for photographs of the phone (or maybe even for the chance to take photographs of the phone) this would be different.

They made a dumb move taking possession of the device.

Just as watergate was dumb, nixon should have been allowed to do what ever he wanted, this is what they do, but hey fear the apple its out to get you. :D
 
That's not apples fault. 27 Years old is an age where most people act like ADULTS. Not Druken Frat boys. Apple did what any other employer would have done. Trusted someone to be mature about his job. Now People on this board defend gray like he is the victim but he is not. He was immature because most people who work for apple act like adults. I give blame where Blame is done.

If i F*CK up at my job then guess what? It's not my employers fault its MINE. The same thing with gray. But yet the Apple haters and irrational ass hats can't seem to get that

It slightly Apple's fault. I wouldn't be giving a 27 year old person a phone. My older bro is 27, and he acts like an adult around me, but who knows what his own real like with friends and gf are like.
I wouldn't give any low class engineer something important.
 
the thing that i dont understand is the whole situation. ill give an example:

say u buy a nice statue for ur garden from ur local shop. and then u get a knock on ur door a week later, its the police they say that statue is a artifact that was on the black market. they question u and u say o i bought it from this guy. the guy u bought it from dug it out of the ground in Jerusalem. the artifact belongs to the country it was founded. so the guy who illegally dug the artifact up and sold it goes to jail. u on the other hand wont u will only be required to give the item back then u will got to jail if u dont. so the only investigation should be if the guy u got it from got it legally, if he did then its u can keep it.

so in the case of the lost iphone the only investigation should be if the guy who found it got it because he stole it or actually waited 24 hrs and waited for the guy to pick it up. since the iphone was not on the open market the guy who found it might not of known it was a proto type, we have no proof if he did or didn't. even if he called apple and the costumer service or a number on the site and did not find help then it is legally his. the bar could verify if he left it there and no one picked it up and apples call records can prove if he called. one more thing if he turned into the police it is most unlikely apple would of found it unless the apple employee went to the police, witch can also be confirmed ( and again would have to wait 24 hrs i think).

in conclusion all thees aspects should be checked out, and i feel that the seizing of gizmodos editors computers are an unnecessary act. they do have the right to investigate but they should go through the aspects of the case i mentioned before taking it this far.

In this case, Gizmodo knew it wasn't this guy's to sell, whereas you didn't know the statue was hot.

You and everyone else are acting like Gizmodo definitely knew that the phone was stolen at the time of payment, and not lost. How can you possibly state this as fact? After more information has come to light, it certainly looks like the individual who found the phone didn't follow due diligence in tracking down the owner. But at the time of payment, how could Gizmodo know this, and why should they be responsible to make sure? That's not how our legal system works.

If you buy a used car, do you get charged with a felony if the seller stole the car? Only if you knew it was stolen to begin with. And while Gizmodo may have had a suspicion, it will be nearly impossible to prove that they knew it was stolen at the time of purchase.

They ran a couple of checks before buying it (USB ID, iTunes connect, etc.) and then bought it. They knew it was an Apple prototype (see: $5000), and they also knew this guy wasn't an Apple representative. Therefore, they should have known that he couldn't legally sell it, and thus were engaging in trafficking of stolen goods.
 
yeah Cuz the Watergate tapes were not stolen either.

First, Watergate tapes weren't leaked to the press. You're thinking of Pentagon Papers.

Second, it's absurd for you to imply that it's all or nothing, that you support everything a journalist does you're in favor of tyranny. Nonsense.

If this leads to charges against Gizmodo, it all boils down to Gizmodo PAYING for a stolen device. It's the exchange of money to a thief that carried them over the line. Had they done just what Engadget did and publish photos and details given to them without anything in return, there's be no police investigation into theft and Gizmodo would stand on the same ground of journalistic freedom as the NYT did. But the man-children who run Gizmodo couldn't resist and decided to pay a thief for stolen goods. The week since has been filled with their revisions, retractions, altering of details and timelines, all in an effort to absolve them of criminal liability. Excep the problem is they posted all the stuff on the web so it's plain to see how their story mutated repeatedly.

Engadget won't get in trouble, even though they were the first to publish photos of the device, because they didn't pay for it. Gizmodo brought this on themselves and it couldn't happen to a more deserving bunch of wannabe loser fratboys.
 
Why is it so hard for people to understand that the state, not Apple, decides when to pursue a criminal investigation? Apple has no choice or say in the matter. Apple can choose whether or not to sue Gizmodo (i.e. pursue a civil case), but that is not what is going on here.

you think the state read gizmodo and went: OK BOYS GATHER UP THE TROOPS, THIS HACKER LEAKED THE IPHONE PROTOTYPE TO THE PUBLIC, LETS GO GET THEM. this didn't happen without apples legal team pulling strings, and the search according to what i've read from the actual FACTUAL warrant, was completely illegal.
 
After more information has come to light, it certainly looks like the individual who found the phone didn't follow due diligence in tracking down the owner. But at the time of payment, how could Gizmodo know this, and why should they be responsible to make sure? That's not how our legal system works.
It's called a "reasonable person" standard. In this case the prosecution will argue that a reasonable person would have suspected the seller didn't have a legal right to sell that phone. IMO they'll be right, too. If this doesn't end in a plea deal, I expect convictions.
 
Just as watergate was dumb, nixon should have been allowed to do what ever he wanted, this is what they do, but hey fear the apple its out to get you. :D

Yes, all of us who find prototype iPhones and sell them for large profit should fear Apple. The rest of us are OK.
 
Don't forget that Apple had to *demand* its return. Not only did it take a demand from Apple for Gizmodo to return what wasn't theirs, they also took it apart and posted it for everyone to see in the process.

Further, Gizmodo did quite a number on Gray Powell.


You must have not read the part where they said they didn't wanna damage the phone..

And the traffic this builds on the gizmodo website is all worth it.
 
OK, but what logical business man would drop 5K to find out if something was real?

Someone who runs a business? It's called taking a chance. They had a choice, if it was fake they lost 5k, if it was real they would make more.

And they couldn't know for SURE that it was real before actually seeing the hardware and such.
 
Based on the search warrant documentation, a good lawyer could argue that the warrant's search is "too broad."

Yeah, he or she could argue that. He or she would lose. But he or she could argue that. There's no rule against specifying an entire residence.
 
like i said, apples fanbase have become the socially irresponsible, and morally bankrupt. i'm not an idiot, no crime was commited, and you are probably the dumbest person i've talked to all month.

I hope a blogger stumbles across your medical records.
 
Short of driving to Apple and walking in there with the thing, I would say that they made an honest effort to return it.

And any judge with an ounce of common sense would say you're wrong.

The finder didn't follow any standard protocol (see "common sense") nor, unfortunately, the law in his "attempts" at returning the phone to its rightful owner. He knew the owner's name - yet made no attempt to contact the owner directly. He didn't report it to the bar owner. He didn't report it to the police. He called Apple Customer Service :)confused:) and then shopped it around.

Honest effort? Give me a break.
 
Never happened. If this thief wanted to return the test iPhone to Apple or to the Apple employee who had possession of it, there are a dozen much more effective ways to go about it than to lob a call into AppleCare, which, if it even happened, is all anyone is claiming the finder of this phone did. Just leaving his contact information with the manager of the bar would have been enough to get the phone back to its owner. Gizmodo could have sent a fax to Apple's general counsel with a photo of the unique identification code attached to the back of the phone. Instead the thief couldn't pocket $5,000 for the phone fast enough, and Gizmodo couldn't wait to take the phone apart and go to print with it fast enough.

Don't tell me these people had any real interest in making sure Apple or the engineer got the phone back, and the only reason they were unsuccessful is that Apple told them they had decided to abandon it. A person would have to be a complete idiot to believe that.

oh I agree. They could have done ALOT more. But did they do enough to avoid any legal issues? That is TBD.

This could get interesting.

Apple should just be happy giz got this, and not HTC or Moto!
 
How come Gizmodo pixellates Chen's personal information, but publishes all sorts of information about Gray?
Because they are dicks.

Oh, and for you rabid anti-Apple folks, the search warrant is NOT APPLE'S CALL.

Stop blaming Apple for Gizmodo's stupidity!
 
What i find humorous is that if this happened to Google or another company then people wouldn't be against the issue of theft. But because it's apple people just think it should be "Okay".

I Find double standards apply when it come's to the Apple haters.
 
jeezo this is getting crazier and crazier.
if i ever happen to see any type of device with an apple logo on it that hasn't been released for sale to the general public, or that simply isnt mine then i'd run for my life, change my name, grow a beard, and move to switzerland and live in the mountains :)

jkjk, of course! im not a thief, i'd do what i could to return it to its owner.
 
Good. Chen and Gizmodo are getting what they deserve. Every Apple follower knows that Apple values its secrecy. In fact that secrecy is worth millions in free press and buzz leading up to a launch. And until those new devices go on sale, they are the property of Apple. When Chen and Gizmodo acquired the device, they knew they were breaking the law. They could have done the right thing and just returned the device, and they would have been respected by Apple.

But their desire for a "scoop" is going to cost them dearly as it should.

The worst part is that this wasn't just some new device, it was also the personal information of Gray Powell. They caused him untold anguish by not simply doing the right thing. If you are going to feel sorry, feel sorry for the real victims here, Apple and Gray Powell.

Karma is a bitch Jason.
 
I'm not even going to argue with you because you don't understand the legal system. Your the dumbest person around because if it was up to you people would be allowed to get away with things

it isn't up to me, it's called the constitution. journalists are allowed to report on things. and police aren't allowed to seize their belongings because of it. the end. nothing will come of this other than an apology from the police department to the editor.
 
Well, they couldn't be sure if it was the real deal UNTIL they opened it really, since Apple is retarded and do not mark them as prototypes.

I think they were pretty smart, logically they had to do what they did to find out for sure if it was real.

Yep, and to make extra sure, let's take some pictures of the phone and publish them :p.
 
You must have not read the part where they said they didn't wanna damage the phone..

And the traffic this builds on the gizmodo website is all worth it.

They still disassembled the prototype...... They may not have completely uncover all the parts, but they still exposed trade secrets by opening it up.......
 
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