Is the entire team behind the site going to be convicted? Or just this one blogger?
Giz was pretty sure it was real when they bought it. You can tell just on cursory exam: it was leaked 2 month before launch, like all other iphones. It goes to sync screen when you plug into a laptop. It has a 30 pin dock connector which no phone has. So if it was fake, it would be a really really good one. And: Giz would not buy it unless they were pretty sure it was real. So I am pretty sure they knew it was real.
Giz knew how it was found when they bought it. The information that came to light was likely known to Gawker before they bought the phone. Unless they were a total idiots or lied to, they wouldn't buy a possible prototype without knowing the how someone got it. We seem to agree the phone was stolen given all the facts, the question is, did Giz know or not?
Which seems more likely:
A) Gawker gets the opportunity to buy the phone. They check out the story. They think they are in the clear, and buy the phone. They then tell the whole story and all the facts over a few days on Giz to maximize page hits.
B) Gawker gets the opportunity to by a phone they are pretty sure could be a real iphone 4g. They immediately say yes without getting a straight answer about how the finder got it, potentially opening themselves to legal action. After the deal, for some reason, they keep talking to the guy who sold it to them. At this point he tells them how he got it. Gawker decides it is not stolen goods and runs the story.
I am going to go with A. Either way, Gawker and Giz thought they were in the clear but weren't. And they KNEW they weren't. How do I know? Because when the whole story was told on the internet, most everyone thinks knowingly received stolen property. And they should have known all those facts before getting involved, because those facts are the reasons they bought the phone.
I'll bite -- give me an example of a large, ethical company. Curious what your definition is.
YES, of course it's lost Apple money for present iPhone sales. Why buy a iPhone now, when you now know what's coming out in a few months?
Is the entire team behind the site going to be convicted? Or just this one blogger?
What if they find something else incriminating in his personal laptop ( tax evasion for example?) will he get charged for additional crimes?
Hmm, this is quite interesting, actually. On what grounds will the courts decide otherwise, you think? (It's a serious question!) I mean, will the courts consult with experts on this topic or something? How can they decide what's journalism and what's not? Can they also decide what's art?
You have that right. I think it is just a matter of time EFF and a few other digital rights groups start to jump on this. If their reasoning that is that if they are just "web only" and not print they cannot claim journalist privilege, this can turn into a landmark case.
Read the Gizmodo Article:
http://gizmodo.com/5524843/police-seize-jason-chens-computers
In short these protections extend to online journalists after O'Grady V Superior Court
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.
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"One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft." -- California’s penal code, section 485
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"(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year." -- California penal code, section 496
http://www.scene-stealers.com/wp-content/uploads/2007/10/21135.jpg
You're trying to prove that Giz is right because Apple is also in the wrong. Who cares? Why do people keep making the mistake of assuming one side is right and one side is wrong? In this case, both sides are wrong. Apple was wrong for allowing a highly coveted item out into the field without proper security, and Giz was totally wrong for buying an item that they only paid top dollar for because it was Apple's (and not the person's who they paid $$$ to).Exactly, if I leave a laptop on a train and lose it. Do I blame myself or do I blame the thug who stole it? It's like Apple can do no wrong. If they kept their own house in order, none of this would be taking place.
I don't think it matters. The equipment is going to a forensic offsite lab with geeks galore.
In the words of the great John C Dvorak... "oh brother"
Unless there is more to the "lost iPhone in the bar" story, busting into someone's house and removing their property seems a little over the top.
Apart from Gizmodo, which cannot be treated as a reliable source, who else can confirm it?
In your case, it might have been returned, but that doesn't mean it wasn't stolen.