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.
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 hate this. So you guys are all angry that gizmodo got the phone but seem happy they they had it so you could see it.
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.
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.
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 8 weeks (until iPhone 4 launch)
1) Leave iPhone prototype beside selected predictable stranger in bar.
2) 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 events.
In both cases Apple and Gizmodo win. Apple have the highest sales of iPhone ever recorded with iPhone 4 and Gizmodo are never forgotten for bringing us the iPhone 4.0 that little bit early. Everybody wins.
alan27inla said:I said it before and I'll say it again. Gizmodo will cease to exist one year from today. The minute they put that first picture of the iphone prototype on their site they basically signed their demise.
Steve Jobs does not F*ck around.
Either Apple will win multiple millions in damages in a lawsuit claiming overwhelming damage to their competitive secrecy lost to competitors...or Apple will force Gizmodo to go bankrupt from overwhelming legal fees trying to defend itself. Either way...they're toast.
Hope they enjoyed their 15 minutes...
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.
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.
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.
They plugged it into iTunes before they dissected it. They knew it was a prototype before they tore it apart. Plus, having a higher resolution screen also gives it away it wasn't an ordinary iPhone.
**** you Apple.
Sticking your head in the sand isn't a defense. Paying $5,000 for access to a knockoff should raise some legal eyebrows. It had to be a gamble on it being real, to cut Giz as much slack as I can.
I used to think he was a nice guy, a couple of years ago, but he's an *******.
That may be so, but unless the DA can find any hard evidence Gizmodo knew before hand, they walk clear.
I'm laughing at all the posts that say "this is going to affect Apple negatively." Lets be honest, Apple will not lose any sales over this, no one cares if they sue the crap out of Giz. Once an Apple fan, always
On a side note, thank god Giz finally took a hit. They deserved what they got. Nuff said.