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Well first of all, the phone didn't belong to Gray Powell; it belonged to Apple. And according to Gizmodo, the person that found it attempted to reunite the phone with Apple by calling several Apple employees and such, but ultimately they didn't accept it. So the person must assume that since the owner refuses to take it that it is theirs. So the person sold it to Gizmodo for $5,000.

A.) The guy called standard Apple support numbers. If he knew enough to sell the phone to Gizmodo, he knew that the people at those numbers would not have a clue.

B.) Regardless of who technically owns the phone, any sane person would try to contact Gray once they knew his name and facebook info.

C.) Regardless of all of these things, what you assume is incorrect. Just because you can't find the owner of something doesn't make it yours (by law in California).
 
Why do some people attack Steve Jobs personally. Apple is a public company, they are answerable to their shareholders and they have to protect their IP.

I have a company owned laptop, if I misplace it somewhere, i have to report it to the authorities. Then it is up to the Authorities to investigate. Its the basic policy in many companies ( be it MS or google).
 
I know it was you, Gizmodo. You broke my heart. You broke my heart....
 

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It's not just a phone.
It's millions of dollars in R&D, future sales, and trade secrets. This is why giz wanted it.
If I left my 3G in a bar then giz wouldn't have paid 5k for it, wouldn't have blogged about it and the police would not have raided chens home.

My phone is just a phone, and it even has my personal info and hundreds of dollars worth of apps, videos, and music. This makes even my phone more than "just a phone"

That prototype contained much more valuable information and software aside from it being a very limited not for sale piece of technology.
It's not "just a phone"

All of that considered, Apple may not have anything directly to do with this raid and investigation. Crimes were committed and posted on the internet for all the world to see (and for PROFIT in the form of page hits) and the authorities are doing their jobs. Giz and Chen were just doing their jobs right?
 
More like a DRUNK loser lost the iPhone. Then someone found the drunk guys LOST iPhone and sold it. I see as the actions of the finder and giz as stupid and childish, but Gray's actions are plan retarded. He needs to get fired for it. A small mistake leading to a news reporters house getting searched?:rolleyes:

All your little adjectives are irrelevant. The only thing that matters here is that what the finder and giz did is ILLEGAL and what Gray did is NOT ILLEGAL.

I find it very disconcerting that so many people lack the ability to distinguish between LAW and mere personal judgements or qualifications. (and not just on this issue either...)
 
Industrial Espionage.

As a business man, I think gizmodo should be sued. If they were willing to pay $5,000 for a phone, they knew it was Apple property. Gizmodo is the whining baby in this. They paid 5 grand and then disassembled and promoted the pics and info. They are guilty of industrial espionage. I hope Apple owns them and shuts them down.
 
so, if you lost your keys, and i paid $500 for your keys, i can keep your car? it's not stolen, you lost your keys, and i paid for it. right?

yes, it was STOLEN. when you FIND a LOST object, and then PAY for something that was NOT PROPERLY TRANSFERED, you payed for a STOLEN OBJECT.

this is the result of a nation of "everything is owed to me" syndrome.

Last time I checked, Apple has the iPhone. The car is in their possession. It wasn't stolen. If you drove my car and then returned my keys, I don't think the cops would break down my front door and take my computers.

We need a little Judge Judy here.
"Apple - your employee f'd up. Yes your secret was revealed to the world, but that is your own fault. Nobody stole the prototype. nobody knew it was a prototype. It was disguised. Your employee left the phone at a bar when he was drinking. Someone found it, realized it was something interesting, and sold it. The person buying it returned it to you. You have no damages. You got more press than ever. Unless you can prove this has financially damaged you, then you are out of luck. Sorry Apple. Next time be a little more careful with your employees."
 
Not naming anyone specifically lest I end up in Time Out again (ironically you can harass everyone by trolling MacRumors but you're not allowed to harass any individual troll, go figure), many of the commenters on this thread have clearly turned the stupidity up to 11.

I suggest intelligent MacRumors readers use the golden opportunity provided by this thread to update your Ignore lists (or start one). I miss the days of rational Apple discussion, both pro and con, without being inundated by trolling, rabid anti-Apple propaganda and competitor shilling and outright idiocy.

Just click the users name, view his/her profile, then click Ignore. It's time to improve the signal to noise ratio around here. Seriously.
 
sort of like how north korea rations food for the benefit of the citizen? sorry but how does stuff like banning political cartoons, closing your device platform, suing customers, and threatening journalists benefit the consumer? how does alienating developers to only use apple code for apps benefit consumers? how does telling adobe flash to F off benefit consumers? how does ...etc you get it...sorry apple doesn't consider consumers other than "how can we sell this dumb SH*T to these dumb as*es

you're right. agreed.
 
An Apple employee had a phone worth at the very least $5,000 stolen from him by a thief, who sold it to a receiver of stolen goods who made a multiple of what they paid by illegally taking it apart and posting its secrets on the internet.

And you're mad at Apple? Really?






Gray was fricken drunk and left the iPhone there. No one took it from him. He was being an ass hole, and left the iPhone there. I find phones in the street sometimes. If I want to keeps it, then I will. The person should make sure their "valuable stuff" is well protected. Its cool though. I found one motorola crap phpone, and they dude was so happy when I gave I called his home number. A lady gave me $25.00 for returning her BlackBerry. I don't expect $$$ in return, just people that would do the same for me.
 
Trade secrets, Engineering and Journalism...

Apple has certainly changed not only the way phones look but in how they are built, if you look at the design orientation of Nokia, HTC and Motorola before the iPhone there is a huge difference, after the iPhone appears, the design, construction and features changed, why? because they see the benefit of a carefully constructed and engineered gadget. HTC may have been using touchscreen tech but they where not as known here in the US(at least for their handsets) Im willing to bet that their upcoming designs will appear similar to the prototype shown by Gizmodo, even if it isn't the final rendering.
All companies alter their designs after Apple releases their stuff, thats why Apple decided to use the "blessing" system like: "made for iPod" system, they know their influence, look at the 1st G iMacs, everything from Post-It dispensers to radios where being built ala aqua, semi-transparent smooth-rounded features.
My point is that this is a very disruptive event, it affects all companies not just Apple, it affects the way they invent, hire and test their prototypes etc, this affects in ways that may not be obvious but its big! why big? "its just a phone!" to the naive and untrained, yes, but not to the corporate spy thats looking to anticipate the "next best thing". There is a price to pay for the thirst of unveiling a possible secret, Gizmodo could of had a child-like enthusiasm for sharing their "find" but the pseudo-mock tone of the writing denotes a tangible disdain for Apple's secrecy and it paints Gizmodo as being Clever-enough to have one on Apple, at least thats how I read it, their hastiness in publishing the material is evident which is to me self-serving since they didn't even consider Powell's fate.
The retort by Gawker's lawyer of how they (Gizmodo and Chen) are under the umbrella of journalism is a minute one at best, anyone here remember the founder of Thinksecret? he tried the same defense and in the end reached a deal (that benefitted Apple mostly and spared him and other journalists from further damage)
What is at stake?
The nature of true journalism I think finds itself with the task divulging lies or finding truth that may benefit people or prevent people from getting harm, providing people with knowledge that is in some sense useful to humanity, at least thats my naive view of it, the journalistic ethos of Gizmodo is skewed at best, the article relates to official agencies and journalists of real news etc, the internet bloggers fall ironically within an unspoken vagueness of the article itself (just ask the former Thinksecret founder) They are not benefiting Apple nor Gray Powell nor humanity, If anything they have opened a can of worms that may affect true journalists in a negative way. Companies will find a way to protect themselves thoroughly, if any of you where in inventor the first thing you do is get a patent to "protect" your invention, why? because its money, its your profession its the economy! this in many way is like I said: Disruptive on an ethical, legal, corporate and psychological level.
Its is a big deal, its not just a phone, its not just a secret.
 
As a business man, I think gizmodo should be sued. If they were willing to pay $5,000 for a phone, they knew it was Apple property. Gizmodo is the whining baby in this. They paid 5 grand and then disassembled and promoted the pics and info. They are guilty of industrial espionage. I hope Apple owns them and shuts them down.

Agreed. I would feel the same no matter what company's product was stolen by Gizmodo. Not to mention the shameful way they outed the Apple engineer. Terrible.
 
Interesting. I was (and am) of the opinion that Apple lost trade secret status because they didn't take reasonable care of keeping things secret when their employee lost his phone in a bar. On the other hand, it seems reasonable that anything inside the phone, things that wouldn't be normally visible, would still be covered as a trade secret.

If you look at what should have happened: Engineer loses phone. Guy finds phone. Guy looks at the phone. Guy looks at the back of the phone (some iPods would have the name of the owner engraved on the back) and everywhere else to find a name. Guy turns the phone on to find information of the owner. If he knows how to use an iPhone, he could look in the address book. Or look at a list of recent callers. Or check the mail application. Then the guy would look very carefully if there is a serial number somewhere; if it is an iPhone then maybe Apple can find the owner through the serial number.

So if the finder had done very reasonable and very legal things to find the identity of the owner of the phone, he could have learned a lot of things about the phone that Apple may have wanted to keep secret. Let's say the new iPhone comes with a very clever new mail application - the finder would now know this. And all those things wouldn't be trade secrets anymore because Apple lost the phone through carelessness.

But if the finder takes the phone apart, that could be a very different matter.

What he said was that becuase the device was stolen, and its integrity at that stage still functional, the thing held trade secrets at functional level. However, although it had been "deactivated" the device components are a part of the trade secret. In the transfer, the device retained its status. Now, given that Gizmodo didn't know the full origins of the phone, if they did, they it would look extremely bad for them in court, they chose to disassemble, thereby breaking someone else's property willfully to gain access to the trade secrets. Part of this was then publicly published.

From various reports, the device was verifies prior to purchase, ie, iTunes verified it was an iPhone. This isn't looking so good.

Onto Gabrielle Darbyshire, she graduated from Uni. Cambridge with BA Hons. in Natural Sciences. She then studied law at City Uni and Inns of Court School of Law. These alone don't make her a body as a legal representative, IMO, but I am unsure what Calif. says about this. As of current, I don't think she is a member of Bar of Calif/New York.

Here she is, http://www.linkedin.com/pub/gabrielle-darbyshire/0/3/56
 
Hey Apple, did Lars Ulrich teach you nothing. The bully always loses, let it go, time to move on. Love the products, not diggin' the vibe on this one.
 
Gray was fricken drunk and left the iPhone there. No one took it from him. He was being an ass hole, and left the iPhone there. I find phones in the street sometimes. If I want to keeps it, then I will. The person should make sure their "valuable stuff" is well protected. Its cool though. I found one motorola crap phpone, and they dude was so happy when I gave I called his home number. A lady gave me $25.00 for returning her BlackBerry. I don't expect $$$ in return, just people that would do the same for me.

1) you probably just slandered the guy. You have no proof he was drunk. You don't know that no one took the phone from him. You don't know that he was being an *******.

2) you admit that you are a thief ("if i want to keeps it, then i will") but you want people to return your own lost property ("people that would do the same for me."). That says enough about your ethics that people now know what kind of guy you are, and how much your analysis of the ethics is worth.
 
This is getting way to serious, I wonder who started this police thing... They don't even know whether it was lost or stolen, so how do they have the right to take computers and break into the poor guy's house? Couldn't they have warned him before or something?

Are you serious?
Yeh let's warn the perp so he can clean his hard drive of all the trade secrets he got from the STOLEN phone he knew was Apple's prototype and property.
And before you object...of course he knew that otherwise why the hell would they have paid 5 grand for it?
Poor guy???
F****** criminal more like!
 
I think what's telling through all of this is that whichever side you take, it says volumes about your own ethics.

Just saying.
 
Looks like Gizmodo is going to have some legal bills to foot:

http://gizmodo.com/5524843/police-seize-jason-chens-computers

Last Friday night, California's Rapid Enforcement Allied Computer Team entered editor Jason Chen's home without him present, seizing four computers and two servers. They did so using a warrant by Judge of Superior Court of San Mateo. According to Gaby Darbyshire, COO of Gawker Media LLC, the search warrant to remove these computers was invalid under section 1524(g) of the California Penal Code.


Apple are tyrannical....I smell something fishy, Apple's tactics are downright suspect...
 
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