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wow. bust down his door and seize his property. Seems completely excessive and unnecessary no matter how stupid it was for them to purchase the phone.

Despicable to say the least
 
Of course, action by the police is vital. Thieves have been at work, and it is only the word of the thieves that says the phone was mislaid rather than stolen. The people involved are already known to be dealers in stolen goods, so it is not a stretch to consider the likelihood that the finder is also a straightforward thief, stealing the item rather than simply discovering it as claimed.
In any case, seizure of Gizmodo's computers is right and just. They no doubt retained photos of items protected by trade secret laws. They could have many more detailed images than have been published and, for all anyone here knows, could be in a position to sell these images of trade secrets to competitors. Their behavior in buying the stolen goods would suggest they are likely to indulge in other schemes involving money, relating to the item.
I am extremely pleased to see action taken against these villains.
 
sorry but i have to disagree here, i'm all for freedom of speech and journalism as our entire country was founded on the constitution. if you like closed news and journalism you may want to check china out. i hear they love stuff like that. but as long as i'm living in the united states, i am going to support our legal system and freedoms. both of which were made a mockery by this entire ordeal. the police neither had a right to seize a journalists property or preform a night search, yet they did both, everything they took is now non-admissable in court because the police violated their own warrant. the most that will result from this is an apology letter to the editor.

On what grounds do you say this?

I currently see no application law which supports you, remotely.
 
Where is the proof that he was drunk?????? Do you have evidence showing how many drinks he had if any at all??? Did he take a breathalyzer???

PEOPLE STOP ACCUSING THE MAN


How can we stop accusing him when he lost the phone? Mistakes happen but there is a difference between a mistake and being in a situtation that will put you in the line of fire to speak.
 
of which were made a mockery by this entire ordeal. the police neither had a right to seize a journalists property or preform a night search, yet they did both, everything they took is now non-admissable in court because the police violated their own warrant. the most that will result from this is an apology letter to the editor.

Given how incoherent and rudimentary your comprehension of the law is, I can only assume you are Gizmodo's legal counsel.
 
everyone seems to forget that extreme attempts at giving the phone back to apple were made, i am sorry but this is no ones fault but apples. i support freedom, and show me an apple philosophy or even an apple product that supplies that.
 
The only thing I would've done differently was to leave MY phone number with the bar staff in case the owner came after it.

Hooray for common sense! Alas, had the finder done this, he would have received a phone call from the bar owner within 24 hours, the phone would have been returned to its owner, and no one would be facing serious legal problems.

Do you seriously believe the seller didn't know exactly what he was doing?

I just think there's a whole lot of ASSuming going on around here, and the little guy should get the benefit of the doubt for now.

Unfortunately for Gizmodo, no assumptions are necessary since they posted every minute detail of the whole sordid affair for the entire world to digest (yay page views!).
 
I have a serious problem with the search and seizure. A professional blogger for a commercial blog (regardless of your opinion of the quality of their reporting) should be afforded the protection of the shield law. Great mischief would be possible if shield protections are only afforded to serious reporters. Who decides which reporters are serious? The White House does not consider Fox News a serious news organization. You can see how this can become a sticky wicket. So, regardless of whether a crime was or was not committed, the cops should not have busted down the reporter's door and seized his unpublished material. These strong arm tactics are problematic.
 
And any judge with an ounce of common sense would say you're wrong.

Really? So If I find an iPhone tonight at a bar, bring it home with me with the intent of returning it to the original owner, wake up to find the phone bricked before I can get the person's info, call Apple to tell them I've found a lost phone and they blow me off, then sell it on eBay that I am guilty of theft? :rolleyes: Oh wait, I am supposed to so a web search for "Bob Frapples" and then email every person with that name and ask them if they're missing a phone?

I would LOVE to stand trial on that one.
 
Well, I am no lawyer, but if you buy something that you are not sure is a real apple prototype, is it really illegal to take pictures and publish them while finding out if it's real, and then if it was real you give it back to Apple?

Neither am I but I did ask and its up to the States to create what they consider Theft. I would say in California and in this area Theft is anything and everything as long as its done to once of those large companies. Or do you think they pay all that tax for nothing.

They stole nothing, and in court it will probably be seen like that, but by the time this happens it will be a big hit for the small people.

By the way every time you pay for a product at apple you are also putting money for a legal fund, this is common for most companies, so good luck fighting them. Its a way of them having funds at all time for legal reason without having to dip into their profits.
 
Your endearing terminology aside, this is not so much about what was published, but more about the device itself. Freedom of the press does not mean that they are immune to all conviction; they can't just break into Apple HQ late at night to take pictures of all upcoming products and then hide behind the journalism shield. The press is bound by the same laws as everyone else, including trafficking in illegal goods. They committed a crime when they paid for the device.

cmon now, we all know that isn't even remotely what happened, the phone was lost, and tried to be returned for weeks. all gizmodo did was buy a phone that apple seemed to not want, and report it, THEN returned it promptly upon apple changing it's mind and wanting it back.
 
WTF was he supposed to then???? :rolleyes:

The only thing I would've done differently was to leave MY phone number with the bar staff in case the owner came after it. Otherwise, if I found what I thought at the time was a regular iPhone, I would certainly take it with ME (as I trust myself to do the right thing better then someone else).

I'm also not gonna drop everything I'm doing and ruin my evening out by playing Sherlock Holmes. I'd wait till the next day (which is what they did).

If I woke up, found the phone to be bricked, then discovered it was some sort of...I dunno...prototype or knockoff....Im not sure at that point. But I'd say that contacting Apple in any regard is what I'd do (tech support or otherwise). If they blew me off...again, I dunno.

I just think there's a whole lot of ASSuming going on around here, and the little guy should get the benefit of the doubt for now.

Bull, sorry but that's what all this 'little guy' stuff is, bull.

Here's what you do if you're a tech savvy person who finds a device like this.

1) Leave your details at the bar which would actually have resulted in this phone getting back to the owner.
2) E-mail the very very public e-mail address of Steve Jobs with the serial number and location you found the phone.
3) Call Apple DIRECTLY (not tech support in other words) and ask to speak to the person you identified when you played with their phone.
4) Report it to the POLICE!!!

Any one of those three steps would have resulted in the phone finding its way back to the rightful owner and the finder would probably have received a substantial amount of shiny things from Apple as a thank you. It would have taken no more time than the finder already put in by calling tech support which, sorry, you only do if you're looking for a reason to hang on to the device.

By taking the phone you are committing yourself to trying to get that device back to the person that lost it. If that's not the case you're taking it because you want to keep it for yourself which, guess what, is stealing. Radical concept I know.
 
Funny how Gizmodo is like the Apple central but now they are being slapped around by Apple.
 
Really? So If I find an iPhone tonight at a bar, bring it home with me with the intent of returning it to the original owner, wake up to find the phone bricked before I can get the person's info, call Apple to tell them I've found a lost phone and they blow me off, then sell it on eBay that I am guilty of theft?

Yes. Absolutely. The law in California is very clear that if you want to obtain ownership of the phone for yourself (and hence the right to sell it) you first must report it to the police, then wait the requisite amount of time.
 
Really? So If I find an iPhone tonight at a bar, bring it home with me with the intent of returning it to the original owner, wake up to find the phone bricked before I can get the person's info, call Apple to tell them I've found a lost phone and they blow me off, then sell it on eBay that I am guilty of theft? :rolleyes: Oh wait, I am supposed to so a web search for "Bob Frapples" and then email every person with that name and ask them if they're missing a phone?

I would LOVE to stand trial on that one.

Well considering that everyone knows the e-mail address of Steve Jobs. The honest thing would have been to e-mail him in your example of a situtation and possible send him a picture of Said prototype. So that the phone could get back in the right hands.

Well that's what i would have done anyway if in that situtation you used as an example
 
Really? So If I find an iPhone tonight at a bar, bring it home with me with the intent of returning it to the original owner, wake up to find the phone bricked before I can get the person's info, call Apple to tell them I've found a lost phone and they blow me off, then sell it on eBay that I am guilty of theft? :rolleyes: Oh wait, I am supposed to so a web search for "Bob Frapples" and then email every person with that name and ask them if they're missing a phone?

I would LOVE to stand trial on that one.

I've love that too. See, you're missing a few crucial steps, first of which would be turning the phone over to the police. Unless they take possession of it for a certain minimum amount of time (specified by law), and then release it back to you, selling it would absolutely be illegal. You might not get hit with grand theft charges, because the average phone isn't worth enough for that, but you'd certainly get misdemeanor theft charges.

jW
 
cmon now, we all know that isn't even remotely what happened, the phone was lost, and tried to be returned for weeks. all gizmodo did was buy a phone that apple seemed to not want, and report it, THEN returned it promptly upon apple changing it's mind and wanting it back.

Now I wonder how many Apple Employee are out and about doing PR about what is going on. Makes me wonder :rolleyes:
 
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