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That really puts the nail in the coffin. If this irons out to be true, Gizmodo is in a lot of trouble.

Why? With lost goods they can request proof of ownership. Gizmodo really just had Apple in a headlock (an entirely legal headlock).

I have a feeling the people here screaming for the death of Gizmodo are really just upset to see Apple in a weak position.
 
However, they did not pay the $5,000 for the stolen or lost phone. They paid for the exclusive rights to the story and access to the phone, something very common in journalism. They did not avoid getting the phone back to Apple at all. Gizmodo really made all the right moves.
That is expressly illegal in California, press or not, but only because it was stolen property. Well, it wasn't considered stolen until the exchange was made.

I minded the letter being required, but I get that it may have come as legal advice from Gizmodo's lawyer.
 
Why? With lost goods they can request proof of ownership. Gizmodo really just had Apple in a headlock (an entirely legal headlock).

I have a feeling the people here screaming for the death of Gizmodo are really just upset to see Apple in a weak position.

You are utterly ignorant and clueless.
 
The "exclusive rights" junk is simply the spin they put on the situation after they got caught.

So you are saying they didn't know it was Apple's?
It's safe to say, and entirely legal, that they didn't. No one really knows how Apple opperates (Apple's at fault on that). It could have been assumed to be a custom iPhone made for someone famous, or even a good fake owned by someone in the area who lost it at a bar. While unlikely this is an entirely valid argument.

Exclusive rights is not junk or spin, it's a grey area that has existed in journalism (and has been controversial before) for ages.

They paid $5000 for a stolen phone. That is an undisputed fact. Trafficking in stolen goods can land you in jail for a year.
No they didn't. They bought the rights to a story and access to a phone and returned it to the rightful owner.

Or do you think that it would be OK for me to steal your car, disassemble it and return it to you two weeks later?

This is a strawman argument. If you would like to have a civil, rational debate I'll gladly reply to a reasonable question.
 
However, they did not pay the $5,000 for the stolen or lost phone. They paid for the exclusive rights to the story and access to the phone, something very common in journalism. They did not avoid getting the phone back to Apple at all. Gizmodo really made all the right moves.

Requesting proof of ownership is not holding property for ransom.

Gizz took possession of stolen property after paying for it. It doesn't matter the reason. Gizz would have been off the hook if they had just examined it on the thief's premises, and even if they had taken possession but immediately contacted Apple, which they didn't do.
 
The "exclusive rights" junk is simply the spin they put on the situation after they got caught.

All that spin does is create an admission of guilt. They need to hire better spin doctors, ones that get them OUT of trouble, not in it deeper.

The law says something along the lines of benefitting from the possession of stolen property, so the 5 grand being exchanged for *any* reason created the felony.
 
Just read the 22-page doc

no wonder they kicked his door in. These clowns are toast: concealing evidence and destroying evidence. And turns out the guy got $8500
 
I don't think that's the issue...

The issue is why did the PO-lice go into the editor's house and search the crap outta it...

Apple asked for it, they gave it back. What purpose was solved by searching the guy's HOME? Work, sure, home??

Well said, but should be interesting if its not so much apple asked but steve jobs asked, and the police just did. After all this is a police that is just for the companies in the area. Makes me think of their own personal little army. :eek:
 
http://www.wired.com/threatlevel/2010/05/roommate-iphone/

Hilarious.

Hogan got ratted out because he was using his roommates computer to connect to the iPhone, and she, being savvy, realized that the iPhone could be traced back to her.

Hogan will be lucky to get a short jail sentence...

This looks very bad for Gizz...

And he connected it to her computer *without* her permission.

Yeah, her interview further in with REACT is priceless. Hogan is SO going down. Everything he originally said (as we all suspected) was a lie.
 
No he's dead on.

No, he's ignorant and clueless. The reason why Gizmodo wanted written proof that it was Apples phone is so they could post it online and earn more money. He'll, they could have always returned the device to the police as well!

And they paid $5000 bucks for the device, that is a fact. Claiming that it was just for "exclusive rights" is just BS. It's like if I bought a stolen car, and when I get caught, I start whining that "I didn't buy the car, I just paid for exclusive access to the car!".
 
They paid $5000 for a stolen phone. That is an undisputed fact. Trafficking in stolen goods can land you in jail for a year.



that does not change the fact that they committed a felony when they bought that phone and that they earned lots of money with that stolen property before they returned it to Apple.

Or do you think that it would be OK for me to steal your car, disassemble it and return it to you two weeks later?

Its not the same, so stop using the useless same argument about the car vs the phone.

Its more like someone comes up to ABC news and says, I found this kit car, no idea who it is would you like the chance to view it and report the news. What news outlet would say no. Now go back to apple and get your check.
 
This is getting hella retarded. I don't get how people can complain about Apple stopping all over everyone as if they are some kind of corporate giant kicking ass because they have money to.

Of course if any average Joe stole any other average Joes phone the police would not bust down doors with their "army" as others have put it.

The fact is that someone stole a prototype from a major corporation and shared it with millions upon millions of people around the world. I sure as hell hope that counts as enough law abuse to have the police do what they did.

The fact is most journalist publish anything and everything they want with out much reprimands, its good to see someone getting into trouble.

I never thought it would seriously come to people actually supporting criminal activity just because they think a corporation should have no say when it comes to their products being stolen and sold. Shame on you if you find theft on any standard acceptable.

Im sure if someone stole your phone you would want the police to help you, not tell you that no crime was ever committed.
 
You're really reaching here. If there's one address anybody who's familiar with Apple knows, it's theirs. Go on, I bet even you know off the top of your head without having to look it up. Here, I'll start you off:

Mr Steve Jobs
Apple Inc.
1...

First I was joking... thus the use of ;)

Second, send me YOUR number and I'll call you as Steve Jobs from Apples Corporate Address. If you had something like that and you got such a call, realizing that things might get legally messy, your attorney would advise you to seek confirmation of the other party in writing. Else, Google's Steve Jobs might arrange to send someone to pick it up, or have it shipped to one of "our other offices" etc and now not only have you purchased stolen(? lost?) property and published specs of an unreleased product but now you've also passed it on to an arch rival competitor.

But most important: I was joking. If you believe someone who identifies themselves only via a phone call asking you to send something of value to them, there's an awful lot of criminals that would like you to post your phone number.
 
A lot of people seem to be up in arms against Apple on this case. Some are saying that this is nothing more than "Someone stole your phone, you asked for them to give it back, they gave it back, then you called the cops" Which if taken that simply seems like an jerky thing to do.

However, in this case it is a lot more complex. Someone took Apples phone, sold it to Gizmodo, who then proceeded to take it apart piece by piece, describing all of the phones details on the internet, generating millions of hits. They kept insisting that it was Apple's phone, and possibly would have gone into more information about OS features on the phone, and potentially given away information about the person who was in charge of the phone as well. However when Steve Jobs personally asked for the return of their phone, they wanted to have definative proof that it was in fact Apple's prototype.
Sure, but don't confuse right and wrong with the court of public opinion.

Whenever a corporation is involved, these are the laws governing public opinion:

- It's a corporation, so they're probably ******s to begin with.
- When corporations do stuff, it's probably wrong. Because, you know, they're ******s.
- If the corporation is larger than the entity it's up against, the corporation is wrong no matter what. "Pick someone your own size", you know.
- When corporations involve the authorities, it's a sign that corporations are taking over the country, and that's just wrong.

Logical? No, but 1 in 4 people believe that the Bush administration blew up the WTC, so don't bring logic into this.

"So you're saying they should let Gizmodo get away with it because prosecuting them is bad PR?? Should PR go before the law??"

Not at all. They should go after Gizmodo and ignore the fact that it's bad PR. But they should know that it's still horrible PR, there's no stopping that, unless they're planning to mass lobotomize the general public.
 
It's safe to say, and entirely legal, that they didn't. No one really knows how Apple opperates (Apple's at fault on that). It could have been assumed to be a custom iPhone made for someone famous, or even a good fake owned by someone in the area who lost it at a bar. While unlikely this is an entirely valid argument.

Exclusive rights is not junk or spin, it's a grey area that has existed in journalism (and has been controversial before) for ages.

No they didn't. They bought the rights to a story and access to a phone and returned it to the rightful owner.

This is a strawman argument. If you would like to have a civil, rational debate I'll gladly reply to a reasonable question.

Given the details of how it was acquired and that the finder knew it belonged to an Apple employee, who Gizmodo later outed, I think it is safe to say that they knew it was Apple's phone.

While alternative may be "valid," they contradict what we know about the story.

I find it interesting that you would call the exclusive rights story a "grey area" and then proceed to state it as fact to someone else. So which is it?
 
Gizz took possession of stolen property after paying for it. It doesn't matter the reason.
The phone has not been proven stolen. The guy who sold the rights to the story could have only sold the phone on the condition that they would return the phone to the rightful owner. Gizmodo returned the phone before anyone had to force them to.

Gizz would have been off the hook if they had just examined it on the thief's premises, and even if they had taken possession but immediately contacted Apple, which they didn't do.

Neither of those assertions hold water. I'm sure they would be under the same investigation right now.
 
Why? With lost goods they can request proof of ownership. Gizmodo really just had Apple in a headlock (an entirely legal headlock).

Proof of ownership was not in question at that point.
A letter stating "yeah it's mine" is not proof of ownership.

When the high profile head of a big company wants his billion dollar prototype back and calls you to say so, you give it to him. Period. No demands, no conditions.

Especially when you have it only because you paid someone for it - someone who had no legal right to sell it to you. (And the claim "just paid for the scoop" is negated by taking possession of the item.)
 
What a clusterf**k of events. From the loss to the fools who found it to the people at Giz..... :eek:

Good call on his roommate. What a wanker for using it on her computer.
 
I think he took it out

of the engineer's bag that the engineer claims was on the floor - he didn't leave it on the bar stool. Explains why he didn't get fired.
 
of the engineer's bag that the engineer claims was on the floor - he didn't leave it on the bar stool. Explains why he didn't get fired.

Did you not read the part where Gray admits the bag toppled over? I think it could have fallen from the bag if that was the case.
 
It's plain that Gizmodo only paid for access since they took the steps to return the phone before Apple knew they had it. Even if you still insist it's just spin, their story is just as illegal as buying it, so it doesn't matter if you think it's spin or not. You might as well believe Gizmodo. :) (that's a general 'you', not aimed at any particular forum member)
 
It's plain that Gizmodo only paid for access since they took the steps to return the phone before Apple knew they had it. Even if you still insist it's just spin, it's just as illegal as buying it, so it doesn't matter if you think it's spin or not. You might as well believe Gizmodo. :) (that's a general 'you', not aimed at any particular forum member)

Oh yeah, just believe the spin... :rolleyes:
 
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