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

[jav6454]

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.

Yet, Gizmodo didn't commit theft now did they? The guy who got the phone the first time did. They are however, guilty of purchasing something. What it was, they explicitly explained, they did not know. They were going on a whim to see if it was real. A business move, that resulted in success.

 

[Corbin052198]

Wirelessly posted (Opera/9.50 (Nintendo DSi; Opera/507; U; en-US))

Actually, Gizmodo is probably ecstatic about this. More page hits.

Almost 800 comments on the article on MacRumors already...

 

[Warbrain]

Do not feed the troll

But they're hungry.

 

[ARF900]

Apple wouldnt do this, this will only give Gizmodo even MORE media attention than they have already.

Maybe these things should have been taken, but breaking down a door was not needed. Its not like he had a hostage in his apartment.

 

[tdream]

Gray Powell cannot be fired.

What a shame.

 

[quackquack]

did you even read this post? it clearly shows that this was legally theft even if the phone was lost in the beginning. see the RED part.

Try again, read it carefully.

"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."

The "is guilty of theft" is still referring to the ORIGINAL "one", the one who found the phone. It says the "one" who finds the phone "who appropriates such property to the use of another person not entitled therto... is guilty of theft."

This is referring to the dude who found it, not Gizmodo.

 

[Eric S.]

The property that they knowingly obtained illegally.

Pre-meditation's a b*tch.

If I lost my phone in a bar or anywhere else, I'd be really happy if someone bought it from the person who found it and then offered to return it to me. I don't think I'd go pressing charges about it.

 

[Warbrain]

Apple wouldnt do this, this will only give Gizmodo even MORE media attention than they have already.

Maybe these things should have been taken, but breaking down a door was not needed. Its not like he had a hostage in his apartment.

It is also possible the police are acting on their own volition. They can investigate something like this even if Apple doesn't want to press charges but rather file a lawsuit.

 

[zub3qin]

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.

Remember Gizmodo had the iPhone and could have posted this info BEFORE iPad came out. It was reported that Gizmodo had a telephone conversation with Steve Jobs, and shortly thereafter Gizmodo SAT ON THIS STORY until a few weeks after iPad release.

Now it doesn't take Perry Mason to figure out a deal was struck.
Steve gave something to Gizmodo - perhaps legal amnesty from any civil case, or some future Apple scoops, or SOMETHING in return for Gizmodo sitting on this story until well after iPad was released. Also remember, Gizmodo did not release any info about the chip or processor or other info that Apple would not want out there. Apple did not want the leak of iPhone interfering with the iPad message and Gizmodo complied. A deal was struck.

The criminal investigation will continue, since that is by the State, not Apple. And who knows, now that Apple got their stuff back, maybe they are egging on the police.

But Gizmodo lawyers made damn sure that there will be no civil case- trust me on this.

 

[jav6454]

Gray Powell cannot be fired.

Says who?

 

[mikem7522]

Apple didn't do this.

The DA, a San Mateo County Superior Court Judge, and multiple law enforcement agencies did this. Apple does not decide when and where law enforcement does their job, or how they do their job, or if they issue warrants, collect evidence, or any of it.

Don't get mad at Apple.

Don't be stupid. Apple has way too much money and power not to, oh and also the fact that they are members of the REACT committee. (Rapid Enforcement Allied Computer Team who were part of the raid) http://news.yahoo.com/s/ynews/ynews_ts1795

Apple is a bunch of crooked *****. They are coming across as sore and whiny b$%ches and need to get over the fact that they LOST their phone in a public environment. No one illegally broke into apple premises and stole a prototype. It was left by a drunk at a bar. What else do they seriously expect? For whoever found it to hand deliver it on their knees in gift wrap?

 

[jav6454]

Remember Gizmodo had the iPhone and could have posted this info BEFORE iPad came out. There was a personal conversation with Steve Jobs and Gizmodo, and Gizmodo SAT ON THIS STORY until a few weeks after iPad release.

Now it doesn't take Perry Mason to figure out a deal was struck.
Steve gave something to Gizmodo - perhaps legal amnesty from any civil case, or some future Apple scoops, or SOMETHING in return for Gizmodo sitting on this story until well after iPad was released. Also remember, Gizmodo did not release any info about the chip or processor or other info that Apple would not want out there. Apple did not want the leak of iPhone interfering with the iPad message and Gizmodo complied. A deal was struck.

The criminal investigation will continue, since that is by the State, not Apple. And who knows, now that Apple got their stuff back, maybe they are egging on the police.

But Gizmodo lawyers made damn sure that there will be no civil case- trust me on this.

1. Evidence of said conversation took place?

2. What deal?

3. Gizmodo said the chips on the phone were etched out to prevent detection and they didn't want to break permanently the phone just to find out why.

 

[Mackan]

This is Apple. Steve is furious because his iPhone got leaked. His world is upside down. He cannot sleep in the nights now. He seeks ultimate punishment.

 

[zweigand]

Hey Gizmodo, you like Apples?

 

[awesomator]

Who said he didn't move it from home?

If he did or did not that is unknown but it still does not justify the police searching his house.

 

[sths-gr]

Yet, Gizmodo didn't commit theft now did they? The guy who got the phone the first time did. They are however, guilty of purchasing something. What it was, they explicitly explained, they did not know. They were going on a whim to see if it was real. A business move, that resulted in success.

Yes and surely we believe them... Just throwing 5.000$ here and there.

 

[quagmire]

But Gizmodo lawyers made damn sure that there will be no civil case- trust me on this.

So you're saying this is a controlled leak? Any proof?

Unlike you, Gizmodo has posted proof opening them up to a civil lawsuit from Apple with taking apart the prototype. By opening it up, they committed misappropriation of trade secrets. This info comes from my dad who is a US Bar licensed lawyer.

 

[jav6454]

Yes and surely we believe them... Just throwing 5.000$ here and there.

Yes they acknowledge the payment, but they acknowledged they were paying on a hunch. They had reason to believe it was real. Never did they mention it was the actual thing before giving the money.

Real smart on their part because it created a hole in the DAs argument if this gets to court.

 

[troop231]

This is Apple. Steve is furious because his iPhone got leaked. His world is upside down. He cannot sleep in the nights now. He seeks ultimate punishment.

 

[GoHack]

.

Gizmodo knew what he was buying when he paid $5000 for it.

.

 

[jav6454]

So you're saying this is a controlled leak? Any proof?

Unlike you, Gizmodo has posted proof opening them up to a civil lawsuit from Apple with taking apart the prototype. By opening it up, they committed misappropriation of trade secrets. This info comes from my dad who is a US Bar licensed lawyer.

Not quite. They provide proof of getting an object that seemed to be an iPhone. It wasn't after playing with it in person that they got a confirmation it was. Payment justified within law.

Remember, Gizmodo (and staff) is innocent till proven guilty. So it's the DA who has to prove they did it, not the other way around.

 

[*LTD*]

Apple wouldnt do this, this will only give Gizmodo even MORE media attention than they have already.

Just like Psystar got.

They only became more popul . . .oh wait.

Gizmodo is a shi*tty little tech blog. No one off the net gives a sweet damn about them (much less knows about them), and even the people who *are* aware of them aren't exactly lining up to offer their love and support.

I don't really think Apple will care one way or the other (nor anyone else) that Giz is getting a bunch more daily hits. So are Xhamster and Youjizz.

 

[mikem7522]

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

No sht sherlock. One person vs multi billion dollar corporation. Very fair and even comparison.

Means nothing.

 

[Dublinstiofán]

You heard it here first!

We can all speculate on this but facts are facts.
We wont really know what is going on until the new iPhone is released.

To be honest it smacks to me of an elaborate hoax. Suppose the following...

March 16th:
Apple meet Gizmodo and secretly propose plan for electronic media domination from March 18th for 12 weeks (until iPhone 4 launch)

1) Leave iPhone prototype beside selected predictable stranger in bar.
2) When he realises what he has, Know he will most likely try to contact Apple. Ignore him.
3) Know that after he doesn't get any reward/response from Apple he will sell to the highest bidder.
4) Make sure Gizmodo have well placed sources and are the eventual highest bidder.
5) Gizmodo leak photos and videos online
6) Apple ask for phone back
7) Gizmodo Oblige
8) Jason Chen house searched computers seized
9) Apple/Gizmodo manipulate the legal system. The case is allowed to run its course with both sides playing from the same script and the case is thrown out of court due to insufficient evidence for conviction. Gizmodo is refunded $5000 as a gesture of good faith from Apple for returning its product. And is promised continued coverage at Apple events.

Apple and Gizmodo win. Apple have the highest sales of iPhone ever recorded (massive publicity already from mass media) with iPhone 4 and Gizmodo are never forgotten for bringing us the iPhone 4 that little bit early. Everybody wins.

I'm telling you mark my words

 

[Fraaaa]

So to resume everything:

Apple claim the phone back after the teardown and their stocks jump from $244 to $258 and now is stable between $269-270.

I understand that somehow for Apple this whole situation is not good for their marketing but on the other hand it doesn't look that they are loosing so much.