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

[wovel]

The facts? Well, to start with Apple is pushing the criminal charges

Source: http://sanjose.bizjournals.com/sanjose/stories/2010/04/26/daily36.html

I made this post, IIRC, in response to someone who was of the opinion that Apple was powerless here and the authorities were doing it on their own. I'm not saying anything new, the rich and powerful get more justice than the typical slob like you and me. If Steve Jobs and a poor black male were gunned down in separate events in South Central LA, who do you thing would get the most police action?

Its been this way for ages; the police and legal entities (e.g. DA's) will respond the the claims of the rich and powerful with more fervor than to us normal people. Its not some elaborate conspiracy; its just telling it the way things are. Power and clout gets access and the ear of those in power.

In this instance, Apple, who has a partnership with the "REACT" team by the way, by some manner had them go in with door breacher and firearms to seize the computers, Airport Router and other items of a journalist who crossed them. The message and chilling effect is clear here - DO NOT MESS WITH APPLE.

The police would in fact respond to any citizen with the exact same case in the exact same way. If the only thing you did was replace Apple with Full_of_Win and everything else that happened was identical, the police would have responded the same way.

The police actually know a lot more about what is going on here than you do and had a good reason to seek search warrant for Chens home after they already knew who the source was. There is a chilling effect, and it is one that is beneficial to society.

Break the law and you will feel the consequences.

 

[Mark Booth]

Congressional law professor Jonathan Turley was a guest on MSNBC's Countdown with Keith Olberman this evening. I think Turley presented a reasonable and fair analysis of the criminal aspects of this situation, including whether the "finder" might be guilty of theft. For anyone genuinely interested in this case, the video interview is worth watching:

http://www.msnbc.msn.com/id/3036677/ns/msnbc_tv-countdown_with_keith_olbermann#36814154

Mark

 

[*LTD*]

http://daringfireball.net/

Good Luck Feigning Ignorance
Daring Fireball 10-04-28 2:16 AM John Gruber http://daringfireball.net/
Nick Bilton surveys legal opinion on the Gizmodo case:

In contrast to Mr. Zimmerman’s views, David Sugden, a California lawyer who specializes in intellectual property litigation, said the state shield law might not apply, if stolen property were involved. […]

Mr. Sugden cited an example with celebrity images that are often bought by gossip sites like TMZ.com or Us Weekly. He said, “When TMZ takes photos of a celebrity, it’s in plain view, which is legal,” but cautioned, “TMZ would be in trouble if the reporters were breaking into houses to take those photos of people.”

Mr. Sugden said Gizmodo’s best defense would be to argue that it didn’t know the phone was Apple’s property when it was shown to them.

Good luck to the editors of a web site that specializes in mobile gadgetry — owned by the same publisher that received this warning (http://gawker.com/5448177/update-apple-wins-the-first-prize-in-our-tablet-scavenger-hunt) from Apple just two months prior — arguing that they didn’t know that a heretofore unseen iPhone prototype, for which they were willing to pay $5000, belonged to Apple. And that’s their best defense.

★

 

[H00513R]

Man Gizmodo is getting some great publicity out of this!

 

[AbSoluTc]

http://daringfireball.net/

Good Luck Feigning Ignorance
Daring Fireball 10-04-28 2:16 AM John Gruber http://daringfireball.net/
Nick Bilton surveys legal opinion on the Gizmodo case:

In contrast to Mr. Zimmerman’s views, David Sugden, a California lawyer who specializes in intellectual property litigation, said the state shield law might not apply, if stolen property were involved. […]

Mr. Sugden cited an example with celebrity images that are often bought by gossip sites like TMZ.com or Us Weekly. He said, “When TMZ takes photos of a celebrity, it’s in plain view, which is legal,” but cautioned, “TMZ would be in trouble if the reporters were breaking into houses to take those photos of people.”

Mr. Sugden said Gizmodo’s best defense would be to argue that it didn’t know the phone was Apple’s property when it was shown to them.

Good luck to the editors of a web site that specializes in mobile gadgetry — owned by the same publisher that received this warning (http://gawker.com/5448177/update-apple-wins-the-first-prize-in-our-tablet-scavenger-hunt) from Apple just two months prior — arguing that they didn’t know that a heretofore unseen iPhone prototype, for which they were willing to pay $5000, belonged to Apple. And that’s their best defense.

★

That's hilarious. They received that letter in the past few months and they pulled the stunt they did? LOL! That's hilarious. Not to mention just plain idiotic.

 

[LagunaSol]

Man Gizmodo is getting some great publicity out of this!

They're certainly getting publicity, but when all is said and done I doubt it will be considered "great."

 

[Docrjm]

Just read the letter sent to Gawker as linked above.
Looks like they have been fully informed of the Law.
Certainly appears like the pursuit of notoriety, even if does mean their demise. We could yet see civil litigation. Apple may well be just waiting until any criminal issues have been addressed.

 

[kdarling]

If nothing else, this all should be a couple of good lessons to everyone:

First, just because your boss says you're covered, doesn't necessarily make it true.

When Chen was told that all he needed was a letter from the COO claiming journalistic immunity, he was as naive as teenagers who believe stuff like "you can't get pregnant the first time you have sex".

Another lesson is: don't take over a lost item that's expensive and/or high profile unless you intend to spend your time finding its owner.

 

[gothamm]

You guys are unbelievable.

I can NOT believe that you would support an unelegant site like gizmodo over Apple .


Everything Apple does is for the benefit of us, the consumer. There is a reason Steve Jobs was named CEO of the year. I mean, why follow a site like macrumors if you are not going to give apple your support. I would have certainly turned in the phone to apple as soon as i realized that it was a prototype. Don't know about others, Seeing things prematurely ruins the magic for me. I think that Steve Jobs would have actually rewarded gizmodo for turning in the iphone prototype, but now they are in a heap of trouble. I am just infuriated over this whole situation. I would personally apologize to Steve Jobs about this whole mess if I ever had a chance to meet this great man.

 

[ct2k7]

You guys are unbelievable.

I can NOT believe that you would support an unelegant site like gizmodo over Apple .


Everything Apple does is for the benefit of us, the consumer.

Correction, they do it for themselves, they are a for profit entity and try to maximise their profit margins as much as possible. It doesn't all benefit the consumer. It more benefits them than us really.

 

[SAPPete]

Everything Apple does is for the benefit of us, the consumer.

Exactly ! That's why they are a non-profit organization !
Oh, wait ....

 

[lilo777]

Did Apple send killers to the guy who found iPhone 4G?

I am not sure if this has been mentioned already. WIRED reported that "People identifying themselves as representing Apple last week visited and sought permission to search the Silicon Valley address of the college-age man who came into possession of a next-generation iPhone prototype, according to a person involved with the find.

“Someone came to [the finder's] house and knocked on his door,” the source told Wired.com, speaking on condition of anonymity because the case is under investigation by the police. A roommate answered, but wouldn’t let them in."

 

[pcgolfer85]

Exactly ! That's why they are a non-profit organization !
Oh, wait ....

Haha! Well said.

 

[tingly]

I'm just glad most sites stopped calling the next iPhone "4G." I wonder how many people think June's phone will have 4G cuz of it.

 

[MacToddB]

Jon Stewart's on the case... now it's mainstream (as if it hadn't been before). Just called Apple "Appholes".

 

[bobob]

Jon Stewart tonight embraced the Dark Side on this story. Disappointing.

+1

He was way off base on this topic.

 

[Mark Booth]

I felt Jon was off base too, taking the "it's just a phone" approach. However, I still couldn't help but smile a few times.

For those that missed it:

http://www.thedailyshow.com/watch/wed-april-28-2010/appholes

Mark

 

[PinkyMacGodess]

I think that Jon Stewart got it right. Apple needs to realize that treating Gizmodo like that could very well backfire.

It is 'only a phone' afterward and in ten years this will be a disgusting footnote...

 

[ct2k7]

I think that Jon Stewart got it right. Apple needs to realize that treating Gizmodo like that could very well backfire.

It is 'only a phone' afterward and in ten years this will be a disgusting footnote...

Prototype. Possibly millions could have been spent into RD into this prototype.

I think Gizmodo will be hurt more than Apple.

 

[AbSoluTc]

I felt Jon was off base too, taking the "it's just a phone" approach. However, I still couldn't help but smile a few times.

For those that missed it:

http://www.thedailyshow.com/watch/wed-april-28-2010/appholes

Mark

That was funny. He missed half the story but still funny.

 

[daxomni]

I think Gizmodo will be hurt more than Apple.

How do you figure? I mean, Gawker has a hell of a lot more to gain and Apple has a hell of a lot more to lose. Millions have no idea who or what Gizmodo is but they'll soon find out. Millions more who know and love Apple might see that they are slowly morphing into a hipper version of anti-choice, anti-consumer Microsoft. In the who wins and who loses race Gizmodo managed to get a seat at a multi-million dollar jackpot with only five thousand in their pocket. Even though I can't stand Gizmodo's atrocious grammar I have to admit they seem to have the better play in mind here.

 

[MacToddB]

How do you figure? I mean, Gawker has a hell of a lot more to gain and Apple has a hell of a lot more to lose. Millions have no idea who or what Gizmodo is but they'll soon find out. Millions more who know and love Apple might see that they are slowly morphing into a hipper version of anti-choice, anti-consumer Microsoft. In the who wins and who loses race Gizmodo managed to get a seat at a multi-million dollar jackpot with only five thousand in their pocket. Even though I can't stand Gizmodo's atrocious grammar I have to admit they seem to have the better play in mind here.

How did things work out for ThinkSecret?

 

[Hal Itosis]

How did things work out for ThinkSecret?

Who?

;-)

 

[MacToddB]

Who?

;-)

Exactly. You haven't heard of them (ThinkSecret). That's my point.

They were an Apple rumor site that published proprietary info.
Apple sued. They settled, including shutting down the site.

I like Gizmodo (I even earned 'star' commenter status) but I don't think this is over. Apple can't do too much pre announcement but they are in Apple's sights.

 

[FromM$2MAC]

Apples Thunder Lost for WWDC??

I dont think they lost their thunder for WWDC. If you watch the videos of the 4G closely, I do believe it was just a housing unit for the software to test. If it was the final design, they might as well call it the Cookie. Also, I 'm not gonna lie, I've found things and have not returned them. BUT, in this case, I would have attempted to return it, noting that all apple products can be remotely accessed and located.
FromM$2Mac