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I know how search warrants work. I'm not an idiot.

I wasn't questioning their right to do that, I was questioning its necessity. They serve the warrant at a time when the resident is very likely to be gone (being a working man), and big surprise, he isn't there. Why not serve the warrant in the early morning before he's left for work? Why not call him to open up the house, he's a public figure and surely quite easy to find? They have control of the premises, executing a warrant isn't a time-sensitive task under those conditions. Indeed, if they really believed time was of the essence, why give him the morning to destroy evidence? No, the only reason you show up when you know the owner isn't there and then proceed to bash down his door is because you're making a statement.

The police do not have to make contact with you to gain access to the location on a warrant. They will not call you uo and say "oh by the way we are going to search your place tomorrow, can you be there to let us in?" That would give a criminal the chance to destroy evidence of his wrong doing. Why should they give someone that ability?


Its just a phone...value of something does not change the nature of it. Whether you spend $200 on an iPhone or $5000 on an iPhone...its still an iPhone.

Prototype? As far as Gizmodo was concerned, it was a phone...

Then why did Giz state: "We paid $5K for a stolen prototype iPhone, and here's how we did it." Obviously they knew it was a prototype, your theory just went out the window.
 
I must have missed the part where Gizmodo kept the phone. Didn't they return it to Apple? I know they didn't do it fast enough for some people but I don't think there is a "unless FOUND property is returned within 15 days it is considered stolen. In the end they DID voluntarily give it back without being forced to by the police.

According to some of you here if I found your watch and didn't give it back for a week because let's say I was too busy that I deserve to be arrested and put away for life. I can see some of you arresting me as I stood on your porch trying to give it to you because I had it in my hand.

The moment the finder of the iPhone sold it to Giz it became theft. It doesn't matter if Giz gave it to Apple right away or waited for a letter asking for it back.
 
I don't think the phone contained any personal data. So the comparison fails.

Flat out wrong. Have you actually read Gizmodo's story on the prototype? If there was no personal information on the phone, how do you suppose they got the name, age, photos, etc. of the Apple engineer they have publicly smeared, repeatedly?

The wallet analogy isn't a good fit, anyway. Instead, assume it was some article of your choice that was (1) secret and unreleased, (2) extremely valuable, (3) something that thousands of people are intensely interested in, and (4) filled with an abundance of personal information which identified the individual who had been in possession of it. (Who cares if he or Apple "owns" it? The person who found it certainly wasn't the rightful owner, end of story.)
 
Pro-Gizmodo Argument Debunking List

It's Apple's fault for taking it off-campus!
No, cell phones need to be tested in a variety of settings and with real cell towers.

The Apple engineer lost the phone!
No, when you find something that is lost and don't make reasonable efforts to return it or turn it into the police, it is stolen, not lost.

The finder didn't know who it belonged to!
No, they were able to briefly use the phone and found his name in his Facebook app. This is how Gizmodo was able to do a writeup on the engineer.

The finder had no way to get it back to the engineer!
No, the engineer had left his contact details with the bartender. The finder made no attempt to contact the engineer either through Facebook or through the place where the phone was lost.

The finder tried to return it to Apple!
No, the finder did not try to return the phone to Apple. The finder called a customer service phone line and did not leave their name or phone number. They were issued a ticket number for follow up, but did not call back.

Finders keepers!
No, the phone did not belong to the finder. The finder had no right to sell it to a third party. If the finder is not able to find the owner, they must turn it into the police.

Gizmodo bought it so that they could return it to Apple!
No, Gizmodo bought it and took photos of it, and dismantled it, so that they could write articles about it.

Gizmodo thought they were just buying knockoff iPhone!
No, Gizmodo wouldn't pay $5000 for a knockoff iPhone. They knew what they were buying.

Gizmodo couldn't return it earlier because they didn't know who it belonged to!
No, Gizmodo knew who the engineer was. They wrote an article about him.

It's just a phone! This doesn't happen when I lose a phone!
No, it's not just a phone. It's a prototype of Apple's next product. Information surrounding this phone is worth a lot of money.

It's only worth $5000!
No, it's worth a lot more than that. $5000 is simply what Gizmodo paid for it.

Gizmodo gave it back when Apple asked!
No, when Apple called, Gizmodo did not give it back. They gave it back only after receiving a letter that they asked for that they could post on their web site.

At least Gizmodo gave it back to Apple promptly!
No, Gizmodo had already kept and dismantled the phone for a week before returning it to Apple.

Gizmodo can't be charged because they didn't know it was stolen!
No, they can be charged. Buying stolen merchandise is still against the law even if you say you didn't know it is stolen. (Everybody in the world charged with this say they "didn't know it was stolen")

Many news organizations practice checkbook journalism to get scoops like this!
No, many news organizations don't. And the legitimate ones that do, pay to uncover information that might not see the light of day otherwise and that serves the public good. The info about this phone was going to come out in a few months; Gizmodo paid for a stolen item in order to be earlier than their competitors.

Jason Chen is a journalist, and journalists don't have to give up their sources!
No, the warrant is not to acquire the name of the finder, it is to find evidence in support of a criminal case against Jason Chen.

Night search was not allowed on the warrant!
No, night search is defined as 22:00 to 6:00. The police were there at 20:00 and discovered by Chen at 21:45.

Apple is being mean by going after Gizmodo like this!
No, the police department and district attorney are currently going after Gizmodo, not Apple.

Apple is loving this free PR!
No, Apple has enough PR as it is. Apple would much rather have been the ones revealing the new iPhone to the world.

Apple's competitors didn't really get an advantage! Apple still has a copyright on it!
No, Apple's competitors have now had a several-month jump on designing next generation phones that they feel will position them competitively against this new iPhone. They don't need to copy it exactly to have been better off seeing this early.
 
Jason Chen is a journalist, and journalists don't have to give up their sources!
No, the warrant is not to acquire the name of the finder, it is to find evidence in support of a criminal case against Jason Chen.

Gizmodo isn't a news outlet, it is a Blog. Chen is a blogger, not a journalist.
 
I did my masters on neo-imperialism - so don't worry ;)

What school did you go to? That way i don't make the same mistake as you did - obviously you didn't learn anything.

You think Saddam was innocent, I bet you think Hitler was a boy scout too? Is that what they taught you in your school?

During my 2 BS and my MA I was "taught" to think for myself and draw conclusions based on fact, not on some distorted reality.
 
What school did you go to? That way i don't make the same mistake as you did - obviously you didn't learn anything.

You think Saddam was innocent, I bet you think Hitler was a boy scout too? Is that what they taught you in your school?

During my 2 BS and my MA I was "taught" to think for myself and draw conclusions based on fact, not on some distorted reality.

Don't worry I don't think you can make such mistake in states even if you want to - you are safe mate! :D
 
Moral relativism:

Our neighbor's phone, car, wallet, lucky keychain, whatever is stolen - we tell them to chill out. It's not a big deal. All replaceable - besides, you make good money - maybe the poor clod needed it more than you.

Our own phone, car, wallet, lucky keychain, whatever is stolen - we get indignant. You don't understand - I had some important things in that wallet. I had contacts on that phone I didn't have anywhere else. My grandfather gave me that keychain. It's mine! I hope the bastard that stole it rots in hell.

=-=-=-=-=-=-=

A CRIMINAL has a lawful search of his home. Our founding fathers knew much about search & seizure from the British Empire... which is why, when forming our way of governing here, they protected citizens against random searches. The police had a warrant. A judge had to sign it - and for just cause. There was plenty of evidence - on the suspect's website. A warrant was justified. If all you had to do to avoid a lawful search was to not come home or pretend like you weren't home, then no evidence would be gotten in many criminal cases, if not all... just store all the evidence in your home and never open the door when police are around.

The police were acting on a warrant. The tenant was not home and they forced their way in - as is their right under the law.

One of the primary roles of government is to execute justice. The justice system works when all parties do their part. Apple reported a stolen phone. And yes, little children, it was stolen. It ceased being a 'found' item when the person who found it did not return it to the owner or turn it over to the police in a reasonable time frame. Just because you might sympathize with the person who 'found' the phone because you could see yourself doing the same thing doesn't make this an innocent act. The guy held onto property he knew was not his, and then sold it. Gizmodo knew the phone was not the property of the guy who sold it to them, yet they bought it anyway - knowing full well they were committing a crime, but figured they could hide behind the first amendment. You cannot hide behind the shield laws when you have committed a crime. IF the guy who sold them the phone instead just provided photos of the device, and Gizmodo reported on it, then they would be protected. No - they fenced stolen property - and across state lines. This was theft under the guise of journalism. Kinda like when they used jammers at CES - that was vandalism and criminal mischief under the guise of journalism - and it got them banned from CES for life.

What's so ironic is that Gizmodo could have not only saved $5K by not buying the phone, but could have been heroes in the eyes of Apple and not criminal suspects had they contacted Apple and the police concerning the 'buy' of this phone. Apple would have their item back, Gizmodo would make friends with Apple - big time, and would likely be given products to review in advance. They had the opportunity of a lifetime in their hands and decided to forgo the law, thinking they could get away with whatever they wanted.

Gizmodo is Chen's blog. The blog is ranked 234 of visited sites in the US. Chen gets gigantic ad revenue. This is not a case of some kid sitting in his mom's garage apartment, blogging about freedom and then getting waterboarded by the CIA as many of the crybabies in this forum have been claiming.

Apple is not evil because it is a successful company or because it rightfully reported a crime. Apple is not perfect, but in this instance, there is no reason to demonize them. The company is the victim of a crime. They did nothing wrong or irresponsible as a company. They are criticized for issuing phones to their engineers to test in the wild. What if the engineer was held up at gun point for his phone? Would it still be Apple's fault for having its employees field test their prototypes to make sure they're functioning rightly in the wild? To the moral relativists, the answer is yes - until they buy the 4G and something doesn't work right, then they will demonize Apple for not doing more thorough field & real-life testing of the units.

It's time to put on the big panties, people. Apple's phone was held for over a month, disassembled and exposed online, causing untold costs for the company. They reported a crime and it is being investigated by the proper authorities. For those of you that will no longer buy Apple products from now on because of Apple's supposed bullying - it's because you are clearly not mature or intelligent enough to use them. Apple will not miss you. For those who commented that they are glad they are not in this country - I am in agreement with you. I'm glad you're not here, either. We have enough idiots as it is. We don't need you to help us meet our idiot quotient.

This IS a real issue. A theft (among other crimes) has occurred. Our tax dollars are well spent in the investigation and prosecution of this crime. This is how the real world works.

Easily the best post of the thread.
 
It's Apple's fault for taking it off-campus!
No, cell phones need to be tested in a variety of settings and with real cell towers.

The Apple engineer lost the phone!
No, when you find something that is lost and don't make reasonable efforts to return it or turn it into the police, it is stolen, not lost.

The finder didn't know who it belonged to!
No, they were able to briefly use the phone and found his name in his Facebook app. This is how Gizmodo was able to do a writeup on the engineer.

The finder had no way to get it back to the engineer!
No, the engineer had left his contact details with the bartender. The finder made no attempt to contact the engineer either through Facebook or through the place where the phone was lost.

The finder tried to return it to Apple!
No, the finder did not try to return the phone to Apple. The finder called a customer service phone line and did not leave their name or phone number. They were issued a ticket number for follow up, but did not call back.

Finders keepers!
No, the phone did not belong to the finder. The finder had no right to sell it to a third party. If the finder is not able to find the owner, they must turn it into the police.

Gizmodo bought it so that they could return it to Apple!
No, Gizmodo bought it and took photos of it, and dismantled it, so that they could write articles about it.

Gizmodo thought they were just buying knockoff iPhone!
No, Gizmodo wouldn't pay $5000 for a knockoff iPhone. They knew what they were buying.

Gizmodo couldn't return it earlier because they didn't know who it belonged to!
No, Gizmodo knew who the engineer was. They wrote an article about him.

It's just a phone! This doesn't happen when I lose a phone!
No, it's not just a phone. It's a prototype of Apple's next product. Information surrounding this phone is worth a lot of money.

It's only worth $5000!
No, it's worth a lot more than that. $5000 is simply what Gizmodo paid for it.

Gizmodo gave it back when Apple asked!
No, when Apple called, Gizmodo did not give it back. They gave it back only after receiving a letter that they asked for that they could post on their web site.

At least Gizmodo gave it back to Apple promptly!
No, Gizmodo had already kept and dismantled the phone for a week before returning it to Apple.

Gizmodo can't be charged because they didn't know it was stolen!
No, they can be charged. Buying stolen merchandise is still against the law even if you say you didn't know it is stolen. (Everybody in the world charged with this say they "didn't know it was stolen")

Many news organizations practice checkbook journalism to get scoops like this!
No, many news organizations don't. And the legitimate ones that do, pay to uncover information that might not see the light of day otherwise and that serves the public good. The info about this phone was going to come out in a few months; Gizmodo paid for a stolen item in order to be earlier than their competitors.

Jason Chen is a journalist, and journalists don't have to give up their sources!
No, the warrant is not to acquire the name of the finder, it is to find evidence in support of a criminal case against Jason Chen.

Night search was not allowed on the warrant!
No, night search is defined as 22:00 to 6:00. The police were there at 20:00 and discovered by Chen at 21:45.

Apple is being mean by going after Gizmodo like this!
No, the police department and district attorney are currently going after Gizmodo, not Apple.

Apple is loving this free PR!
No, Apple has enough PR as it is. Apple would much rather have been the ones revealing the new iPhone to the world.

Apple's competitors didn't really get an advantage! Apple still has a copyright on it!
No, Apple's competitors have now had a several-month jump on designing next generation phones that they feel will position them competitively against this new iPhone. They don't need to copy it exactly to have been better off seeing this early.


Best post by far...
 
Ooh, ooh! I know this one!

People are forgetting that Apple never reported the phone stolen. Thus, no crime has/had been committed.

crime |krīm| (noun)
  • an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law
  • an action or activity that, although not illegal, is considered to be evil, shameful, or wrong
  • SYNONYMS: offense, unlawful act, illegal act, felony, misdemeanor, misdeed, wrong, no-no, lawbreaking, delinquency, wrongdoing, criminality, misconduct, illegality, villainy, crookedness, malfeasance, disgrace, outrage


That was easy. Generally speaking, "crime" is when you do something wrong, regardless of whether it is reported or if the perpetrator is caught and/or prosecuted. Wrong is wrong.

But then... "that depends on what your definition of 'is' is." (Thank you, Bill Clinton) :rolleyes:
 
It's Apple's fault for taking it off-campus!
No, cell phones need to be tested in a variety of settings and with real cell towers.

The Apple engineer lost the phone!
No, when you find something that is lost and don't make reasonable efforts to return it or turn it into the police, it is stolen, not lost.

The finder didn't know who it belonged to!
No, they were able to briefly use the phone and found his name in his Facebook app. This is how Gizmodo was able to do a writeup on the engineer.

The finder had no way to get it back to the engineer!
No, the engineer had left his contact details with the bartender. The finder made no attempt to contact the engineer either through Facebook or through the place where the phone was lost.

The finder tried to return it to Apple!
No, the finder did not try to return the phone to Apple. The finder called a customer service phone line and did not leave their name or phone number. They were issued a ticket number for follow up, but did not call back.

Finders keepers!
No, the phone did not belong to the finder. The finder had no right to sell it to a third party. If the finder is not able to find the owner, they must turn it into the police.

Gizmodo bought it so that they could return it to Apple!
No, Gizmodo bought it and took photos of it, and dismantled it, so that they could write articles about it.

Gizmodo thought they were just buying knockoff iPhone!
No, Gizmodo wouldn't pay $5000 for a knockoff iPhone. They knew what they were buying.

Gizmodo couldn't return it earlier because they didn't know who it belonged to!
No, Gizmodo knew who the engineer was. They wrote an article about him.

It's just a phone! This doesn't happen when I lose a phone!
No, it's not just a phone. It's a prototype of Apple's next product. Information surrounding this phone is worth a lot of money.

It's only worth $5000!
No, it's worth a lot more than that. $5000 is simply what Gizmodo paid for it.

Gizmodo gave it back when Apple asked!
No, when Apple called, Gizmodo did not give it back. They gave it back only after receiving a letter that they asked for that they could post on their web site.

At least Gizmodo gave it back to Apple promptly!
No, Gizmodo had already kept and dismantled the phone for a week before returning it to Apple.

Gizmodo can't be charged because they didn't know it was stolen!
No, they can be charged. Buying stolen merchandise is still against the law even if you say you didn't know it is stolen. (Everybody in the world charged with this say they "didn't know it was stolen")

Many news organizations practice checkbook journalism to get scoops like this!
No, many news organizations don't. And the legitimate ones that do, pay to uncover information that might not see the light of day otherwise and that serves the public good. The info about this phone was going to come out in a few months; Gizmodo paid for a stolen item in order to be earlier than their competitors.

Jason Chen is a journalist, and journalists don't have to give up their sources!
No, the warrant is not to acquire the name of the finder, it is to find evidence in support of a criminal case against Jason Chen.

Night search was not allowed on the warrant!
No, night search is defined as 22:00 to 6:00. The police were there at 20:00 and discovered by Chen at 21:45.

Apple is being mean by going after Gizmodo like this!
No, the police department and district attorney are currently going after Gizmodo, not Apple.

Apple is loving this free PR!
No, Apple has enough PR as it is. Apple would much rather have been the ones revealing the new iPhone to the world.

Apple's competitors didn't really get an advantage! Apple still has a copyright on it!
No, Apple's competitors have now had a several-month jump on designing next generation phones that they feel will position them competitively against this new iPhone. They don't need to copy it exactly to have been better off seeing this early.

Nicely done!!!!

(But, somehow, I don't think it will mollify the grade schoolers in this thread.)

Mark
 
I think a lot of folks here are struggling to understand what intellectual property is, and why it should be legally protected.

Consider this. You lose your debit card and PIN and someone finds it. The card number is your intellectual property. Its disclosure could damage you. Which would you prefer:

A) The finder sees your name on it and returns it to you.
B) The finder hands it in to your bank.
C) The finder is too busy for either of the above, but doesn't want to risk harming you further by just throwing it away - so he securely shreds it.
- or -
D) The finder sells it to some one else who publishes your credit card number and magnetic stripe data on the internet. Card cloners rejoice as they clean out your account.
 
People are forgetting that Apple never reported the phone stolen. Thus, no crime has/had been committed.

So it's ok to kill people as long as no one reports it or finds out? :confused:

The committal of a crime is independent of whether or not people know about it. If you steal something, and no one realizes it, you're still a thief. If you kill someone, and no one finds out, you're still a murderer. How could anyone honestly believe otherwise?
 
According to california code, the item was only "Stolen" if the finder did not make "Reasonable" attempt to return the item. A phone call is REASONABLE attempt.

He does not have to use facebook, ibook, paypal, anything. If he attempted to call the owner (apple) and was shunned, then I think thats more than enough.

However, I have to wonder, at what point DOES it become stolen? I mean, Apple has the phone back. So was it ever stolen? Just because money traded hands does that mean its "Stolen"? If I find your lost dog, and I ask you to give me 50 bucks for gas to drive it to your house, is it now stolen? Was it stolen when he walked out of the bar?

Or was it never stolen because it was as Follows:

1: Lost
2: Found
3: Passed to 3rd Party (W/ Funds exchanging Hands)
4: Returned to apple

Does exchanging funds on a "Lost" item turn it into a stolen item? In what way?

I don't feel that automatically turns it into a stolen item. I mean, lets say my neighbor loses her dog. I am sitting at home a week later and a guy walks up and says hey, do you know who this dog belongs too, I found it last week. I say sure! It looks like my neighbors dog, she lost last week. But I have no way to contact her till tommorrow. He says hey, i hate to do this but I really need the 100 bucks I spent on dog food this week to feed this beast.

Now I hand him a 100 dollar bill, and take the dog into my possession, with full intentions of returning it to its owner.

Is the dog now stolen? According to everyone believing the iphone was stolen it is!


Was the item ever stolen? And what point did it BECOME stolen. And lets not forget, the legal system is, lets repeat this

INNOCENT UNTIL PROVEN GUILTY

Meaning this guy does NOT have to prove he took proper steps to return it! Its up to the prosecutor to PROVE he DID NOT take proper steps to return it.

NOT the other way around as everyone has been claiming.

Not to mention the fact that it WAS returned when the proper owner was found!

The problem with this argument is that you are making the assumption that the party's involved intended to return the dog to its rightful owner, regardless of their motivation for doing so. A more accurate analogy is;

  • Some one finds your missing dog
  • They leave a message on your answering machine that they have your dog, but you're out looking for your dog so and don't get the message for a few hours.
  • A short time latter the person who found your dog, satisfied that they made a reasonable attempt to return the dog to its rightful owner, sells your dog to someone he found online who happens to want that particular breed of dog.

I'm not buying your argument that Giz only bought the phone so that they could return it to Apple.

You sell something you do not legally own, or buy something from someone who has admitted they are not the legal owner of the item. I'd call that stealing.
 
Jumping into the time machine, let's go back to June of 2009...

http://www.washingtonpost.com/wp-dyn/content/article/2009/06/21/AR2009062101822.html

Two excellent quotes from that article that seem all too appropriate right now.

Nick Denton, founder of Gawker Media, said:

"We don't seek to do good. We may inadvertently do good. We may inadvertently commit journalism. That is not the institutional intention."

Now that one's been quoted many times. But it gives insight into how Denton feels about whether they are a bunch of journalists or not, so it's worth repeating. Apparently, they don't want to be considered journalists for the sake of the gathering stories and publishing them to the web. Funny how they DO wish to be considered journalists if such a designation will protect them from the law. Hypocrisy much?

But my favorite quote in the article is the statement made by the former Chicago Tribune reporter, John Cook, who had gone to work for Gawker Media:

"In my previous life, I could spend a week doing nothing but putting out calls and e-mails and tracking the right people down. . . . But Gawker's just not set up to work that way," he says, because of "the velocity and pressures to keep posting" and the "need to feed the beast. . . . There's much less of a filter imposed on you, but it's easy to get carried away, just run and gun, and write something you might regret later."

John Cook isn't just a journalist, he's a prophet! :)

Mark
 
It's Apple's fault for taking it off-campus!
No, cell phones need to be tested in a variety of settings and with real cell towers.

<snip>

Apple's competitors didn't really get an advantage! Apple still has a copyright on it!
No, Apple's competitors have now had a several-month jump on designing next generation phones that they feel will position them competitively against this new iPhone. They don't need to copy it exactly to have been better off seeing this early.

Thank you.

Though I would add that Apple doesn't have a "copyright." They may have trade dress protection for the physical look of the thing, and various patents on how it operates and what components it contains.
 
It's Apple's fault for taking it off-campus!
No, cell phones need to be tested in a variety of settings and with real cell towers.

The Apple engineer lost the phone!
No, when you find something that is lost and don't make reasonable efforts to return it or turn it into the police, it is stolen, not lost.

The finder didn't know who it belonged to!
No, they were able to briefly use the phone and found his name in his Facebook app. This is how Gizmodo was able to do a writeup on the engineer.

The finder had no way to get it back to the engineer!
No, the engineer had left his contact details with the bartender. The finder made no attempt to contact the engineer either through Facebook or through the place where the phone was lost.

The finder tried to return it to Apple!
No, the finder did not try to return the phone to Apple. The finder called a customer service phone line and did not leave their name or phone number. They were issued a ticket number for follow up, but did not call back.

Finders keepers!
No, the phone did not belong to the finder. The finder had no right to sell it to a third party. If the finder is not able to find the owner, they must turn it into the police.

Gizmodo bought it so that they could return it to Apple!
No, Gizmodo bought it and took photos of it, and dismantled it, so that they could write articles about it.

Gizmodo thought they were just buying knockoff iPhone!
No, Gizmodo wouldn't pay $5000 for a knockoff iPhone. They knew what they were buying.

Gizmodo couldn't return it earlier because they didn't know who it belonged to!
No, Gizmodo knew who the engineer was. They wrote an article about him.

It's just a phone! This doesn't happen when I lose a phone!
No, it's not just a phone. It's a prototype of Apple's next product. Information surrounding this phone is worth a lot of money.

It's only worth $5000!
No, it's worth a lot more than that. $5000 is simply what Gizmodo paid for it.

Gizmodo gave it back when Apple asked!
No, when Apple called, Gizmodo did not give it back. They gave it back only after receiving a letter that they asked for that they could post on their web site.

At least Gizmodo gave it back to Apple promptly!
No, Gizmodo had already kept and dismantled the phone for a week before returning it to Apple.

Gizmodo can't be charged because they didn't know it was stolen!
No, they can be charged. Buying stolen merchandise is still against the law even if you say you didn't know it is stolen. (Everybody in the world charged with this say they "didn't know it was stolen")

Many news organizations practice checkbook journalism to get scoops like this!
No, many news organizations don't. And the legitimate ones that do, pay to uncover information that might not see the light of day otherwise and that serves the public good. The info about this phone was going to come out in a few months; Gizmodo paid for a stolen item in order to be earlier than their competitors.

Jason Chen is a journalist, and journalists don't have to give up their sources!
No, the warrant is not to acquire the name of the finder, it is to find evidence in support of a criminal case against Jason Chen.

Night search was not allowed on the warrant!
No, night search is defined as 22:00 to 6:00. The police were there at 20:00 and discovered by Chen at 21:45.

Apple is being mean by going after Gizmodo like this!
No, the police department and district attorney are currently going after Gizmodo, not Apple.

Apple is loving this free PR!
No, Apple has enough PR as it is. Apple would much rather have been the ones revealing the new iPhone to the world.

Apple's competitors didn't really get an advantage! Apple still has a copyright on it!
No, Apple's competitors have now had a several-month jump on designing next generation phones that they feel will position them competitively against this new iPhone. They don't need to copy it exactly to have been better off seeing this early.

I don't think EFF agrees with you:

LaptopMag spoke with the Electronic Frontier Foundation's Civil Liberties Director Jennifer Granick who believes that the search and seizure of Jason Chen's computer equipment violated both state and federal laws. Chen's equipment was seized by law enforcement officials surrounding an investigation of the lost next generation iPhone that had been leaked.
"There are both federal and state laws here in California that protect reporters and journalists from search and seizure for their news gathering activities. The federal law is the Privacy Protection Act and the state law is a provision of the penal code and evidence code. It appears that both of those laws may be being violated by this search and seizure."

While some have suggested that this may not apply if they were investigating Gizmodo for criminal activity, the EFF says it doesn't matter and the shield laws apply anyway.
But even if they are saying it was unlawful, the statute appears to say it doesn't matter. The crime that you're investigating cannot be receipt of that information or materials.

Based on a report by TechCrunch, it appears the San Mateo County District Attorney's Office is acknowledging that the shield protection laws may still be valid. The investigation has reported to have come to a pause as they reevaluate whether or not those shield laws do apply in this situation.


Entire point / subject of this topic is in its title!

Draconian Police Raid and legality of it...

Now they are thinking about it, scratching their beards and deeply contemplating about everything - yet guy's house has been already broken into, computers have been stolen and mess has been made...

Why didn't they wonder about legality of this raid before actually making it!?!?!?!?!

This is the whole point...
 
We didn't know for certain if WMD existed in Iraq but we invaded them nevertheless burning the entire country down, killing close to 1 million people in process and stealing their oil...

Same crap here - they just raided guy's house, took his computers and made god knows what other mess...

Investigate by all means what exactly happened few days ago and if there are proofs of some crimes being committed by all means get law involved...

As things are at the moment, only crime committed in entire case was exactly the RAID of GIZMODO office - everything else is up in the air...

So glad you haven't resorted to hyperbole or exaggeration, let along misinformation. :rolleyes: You expression of what does and does not constitute a crime is disturbing to say the least.
 
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