Police Seize Gizmodo Editor's Computers and Other Property Related to Lost Next-Generation iPhone

[tingly]

Local budgets aren't 100% provided by Sacramento.

 

[jav6454]

Okay, I just finished talking to my dad about this.

A) The employee being drunk has no effect on the case Apple has against Gizmodo. Zero. Judge will laugh at that defense.

B) The founder did not do enough to locate original owner. Calling Apple's Tech Support in his opinion was a cop out hoping it would cover his ass. What he should have done was the following:

A) Leave his number with the bars owner. He agreed he wouldn't have left it at the bar.

B) use any personal information found in the phone to get in contact with the owner or someone who knew the owner.

C) Called Apple's Corporate Number. Since he knew he worked at Apple, calling their corporate number could have been able to put him on the phone with the owner and get his extension.

D) Go by Apple's Campus himself and talk to security.

E) Email Steve Jobs. I told my dad his email was public and he said that would have been an appropriate action.

F) Turn it into the police.

He failed to do those things which makes him taking the phone stealing. I repeat, the employee being drunk and stupidly losing/leaving the phone at the bar has no effect and doesn't make what the founder did any less illegal.

C) Gizmodo also at least civilly guilty of misappropriation of trade secrets when they opened up the prototype and published what was inside the case. So Apple can sue Gizmodo for that.

D) Chen is not covered by the section Gawker's lawyer referenced. Any info the police gathers from the seized property can be used against him. The info can not be used against the source( aka the seller), but it doesn't protect the journalist himself( Chen) from doing illegal activity.

Quick question, is your dad a Bar Association licensed attorney?

 

[inlovewithi]

This is certainly good for Gizmodo. I didn't really know their name before, I thought it was Gizmondo, and for the 1st time ever I went to their site. So I'm sure their getting a lot of traffic.

Also I was reading the comment section, in the Wozniak story about Apple terminating that guy who let Wozniak use an ipad for 2 minutes, and someone there had a story about Steve Jobs firing a guy because he had one negative comment about the iPhone. This Steve Jobs is an *******. I used to think he was a nice guy, a couple of years ago, but he's an *******. I'm sure many of you here hate me now for saying that, but he is.

 

[quagmire]

Quick question, is your dad a Bar Association licensed attorney?

Yes he is.

 

[Kevenly]

A lot of folks seem to be treating this as though Apple just now filed a complaint to be controlling, powerful and vindictive. The phone went missing in March; surely Apple had reported it stolen or missing to the police far in advance of it turning up at Gizmodo. The police are probably following up on an investigation as a result of what has come to light, as well as what hasn't. Apple is not reported to have pressed charges.. If they had pressed charges, they could drop them. But the DA could still choose to prosecute someone for a crime even if the victim isn't pressing charges. Police and prosecutors have something to gain for themselves by working on a high profile case.

Furthermore, the only story published about how the phone went from the Apple engineer to Gizmodo is by Gizmodo. We, the general public, only know the beginning and the end of the phone's adventure, but we don't have any proof of anything in between.

 

[jav6454]

Yes he is.

Good, however, each state has different laws. Also, we all know the law ends up being interpreted as they want in the courtroom. WHich is why we get many wack verdicts or conclusions when it comes to evidence.

I have a feeling Gawker Legal dept had a back-up plan just in case this happened.

 

[tigres]

probably the best description of what was going on here. now we can sit back and wait for the fall out of this.

my prediction (i'm not a lawyer): a very expensive plea bargain for gizmodo and chen. both bankrupt. sad but that's how it will end IMHO.

I think you are not far off. knows something we don't.

 

[Greg M]

Do you really think the police would react this much or even get involved at all if one of us lost a phone that was then sold for $5,000 then returned to us? They might do something, but they wouldn't be raiding houses taking away computers and hard drives. It would be a very low priority case.

You're not kidding. I've had items stolen and the police act like they don't even want to take a report. Any other phone that got stolen would get no attention from the police at all. Just take the report and file it.

Jobs is applying pressure to make this a federal case.

 

[jav6454]

Yikes...

Um, honey, methinks that they can ban this one too...so I don't think you're ever gonna get the last word here. At least not with posts like that.

Yes it is a bannable offense. Re-registering after being banned is grounds for another ban. Hence, he won't last long.

 

[awesomator]

Can you confirm that he did not hide the iPhone?

I can not confirm that he did not hide it but because the police left without it they clearly were not looking for it. I think the police's search threw his house is completely unjustified. I am not saying it was not wrong for him to acquire the prototype in the first place though.

 

[tigres]

As I was opening my Google Reader, I was hoping that I would see news on the progress of this. I don't think I could have been happier seeing the headlines...

Is anyone seriously buying that someone whose life is entrenched by technology would take hours to realize that they left their prototype iPhone at a bar?

Take a minute and ask yourself this question... how long would it take you to realize you left your phone at a bar? Hours? I don't even think an average person would take more than an hour at most. Now factor in that the phone was an iPhone prototype, and ask yourself that question again.

Gray Powell was VERY active on his twitter... had made multiple updates that night already... and somehow people believe that he left the bar without his phone and didn't realize for hours? He couldn't make calls, receive texts, update his twitter, plug his phone in so it's charged in the morning... and he didn't realize for HOURS?

He would have reached for his phone probably within minutes of leaving the bar and realized he didn't have it.

Not only that, but once he went back and couldn't find it, he would have definitely used a friends phone to call it... as is pretty much standard when you lose your phone while you are out. You call to see if someone found it.

It's ********. He would have realized very quickly after leaving, and he would have gone STRAIGHT back... probably calling the bar while he was on the way.

The guy found the iPhone and took it immediately. He never planned to give it back, he didn't hang around the bar and wait for someone to come back. He never tried to give it back to Apple.

After he discovered what he had actually stolen, he shopped it.

This phone was stolen 100%.

Incidentally, it's also why Gray Powell hasn't been fired... It was stolen from him, had nothing to do with him doing anything wrong with it.

Put all of that into context with Gizmodo ridiculing the engineer who "Lost" it because he was drunk. Gray Powell is getting an unbelievable amount of ****... "idiot," "moron," "Drunken Frat Boy," and similar words/phrases have been used in this thread to describe him because he lost an iPhone Prototype.

Gray Powell cannot be fired.

 

[mtvfyrfytr]

Who in their right friggin mind did NOT KNOW THE NEW IPHONE IS COMING?!!!!

Of course everyone knows that a new iPhone is coming! And guess what? I bet another one is coming next year! That was not my point. What I was "replying" to is that this "could" cost Apple money today in lost sales.

 

[jcamdog]

I wonder what Gawker's lawyer is doing these days, probably busy being their ex-lawyer.

this post needs more love.

seriously, anyone who still believes this is about theft of a physical unit valued at maybe $500 in parts is very wrong.

 

[msavwah]

Wow, people mad at Apple now because they feel their tax dollars are being wasted!
The authorities are investigating crime, it is exactly what they are supposed to do with your tax dollars.
Stop deluding yourselves by thinking this is preventing other crimes from being investigated or that it is preventing solutions to larger national problems.
Lame excuse for being pissed at Apple, or the authorities.

 

[azurehi]

They have and will continue to determine what is art and what is obscene. Happens all the time.

And they have before ruled on what is journalism and what isn't. I'm excited more about the precedent this case will set than what happens to the douchebags at Gizmodo.

Why do douchebags get such a bad rap? Anyway, I hope that Search and Seizure warrants will become harder to get.

 

[iLunar]

If Apple wants to prosecute, do it in a civil court. Don't wast taxpayer dollars by getting a police task force involved and raiding some guys home! Seriously.

WTH, stop wasting my money Apple. The police have much bigger fish to fry.

Well, in all probability, Apple Inc. has paid more tax dollars this year alone than you have in your lifetime. Just saying.

 

[daxomni]

Get mad either at the above listed law enforcement entities who looked at the evidence, decided a crime was indeed committed and then followed their own protocol for felonious acts.

This is hardly SOP in my experience. Door bashing over a cell phone?! Seriously?!

... or, get mad at Gizmodo/Gawker for engaging in illegal activities that they should've known darned well would land them in serious, serious trouble.

I have no love for Gizmodo, but this is just beyond the pale at this point.

If you honestly think Apple has superior court judges, district attorneys, and multiple law enforcement agencies in their back pocket, you give them far more credit than is even remotely rational.

I think we can all can tell that Apple has an extremely capable legal team and the ability to greatly embarrass any department that doesn't want to go along with this. And in the end that isn't necessarily all that much different from having the justice system in your back pocket, from a practical standpoint anyway. Not to mention that the rank and file here are already jumping all over themselves to redeclare their undying love for Apple's iron fist regardless of what their true abilities are or are not.

 

[jav6454]

Well, in all probability, Apple Inc. has paid more tax dollars this year alone than you have in your lifetime. Just saying.

However, just because of that, doesn't mean they have the right to waste them.

 

[Bodie]

Dump

A good time to start selling your Apple shares. Before they tank.

 

[ct2k7]

I can not confirm that he did not hide it but because the police left without it they clearly were not looking for it. I think the police's search threw his house is completely unjustified. I am not saying it was not wrong for him to acquire the prototype in the first place though.

Who said he didn't move it from home?

 

[awesomator]

Oh sh*t!

I better go buy my brand new 4g iPhone then.

Why am I having trouble finding one?

Oh... the HARDWARE hasn't been released and THAT'S what JIZZMODOPE had payed $5,000 for? this has nothing to do with the search as the prototype was now seized :rolls eyes now:

It makes sense now.

They already have it ( from my post before) meaning that apple has already gotten their prototype back. I am not saying that the prototype is already released to the public for purchase ( as you joked up top) or that it was not wrong of gizmodo to acquire the phone i am saying that the search was not justified.

 

[Anuba]

This is good news. I feel sorry for anyone who thinks Gizmodo/Gawker are in the right here.

Right or wrong, the publicity will not benefit Apple now that the story has taken this turn. It will become a David vs. Goliath story where Apple will be painted as the bad guy. Badwill galore. Everyone loves to hate a corporation. Just look at this story about the guy who got fired after showing Woz the iPad 3G. I saw it on a Swedish newspaper's site today, weird place to read about Apple news but they picked up this story, and 99.9% of the reader comments were along the lines of "I'm never buying products from those Nazis again". When it comes to public opinion it doesn't matter who's right or wrong, what matters is who's powerful and who's weak.

 

[iLunar]

However, just because of that, doesn't mean they have the right to waste them.

Depends on your definition of waste. Isn't the unit that is investigating a special branch that specializes in computer theft? Clearly the local ordinances think having such a branch is worth its budgeting dollars.

 

[jav6454]

You're going to keep on re-registering for a site all night long? Who's the loser? Do whatever you want but my main advice is to get a life.

Do not feed the troll

 

[Bawstun]

lol

Apple spent millions of dollars designing and producing this prototype.

In court Apple can also argue that a good portion of its sales relies on suspense and releasing the design/prototype under it's own timeline and under its own terms, terms which were violated when the legally stolen item was purchased by Gizmodo illegally and shown all over the internet. Thus hurting potential sales.

Why anyone would say Apple is being too hard on Gizmodo is beyond me. Do you think Apple has all these ridiculous security protocols in place because they are lenient? When they are caught, and their products leak, do you expect them to throw in the towel?

Nevermind, who cares, it's a criminal case not a civil one, but what matters is we should all be applauding Apple if they did have anything to do with it. Stealing someone's phone, turning it for a profit, and then sharing the information for even larger profit is NOT okay. What Gizmodo did is NOT ok. Just because we WANTED to know about the next iPhone doesn't mean that we SHOULD know what we do know about it now.

I personally hope Chen does some jailtime, or at least spends some time in a cell, and pays out thousands in settlement and laywer fees. That'd be justice for what they knowingly did. Playing the journalism card is BS.