iPhone Leak: Police Seize Gizmodo Computers

[Village Idiot]

I went to a pizzeria, I ordered a slice of pizza, the ****er gave me the smallest slice possible. If the pizza was a pie chart for what people would do if they found a million dollars, the ****** gave me the "donate it to charity" slice. I would like to exchange this for the "keep it!"

.....

 

[Daddy Elmis]

keep in mind this -- Apple's probable cause of action is purchasing "stolen" property, IF the DA can make out the case based on the facts. Making out a criminal or civil case for publishing the details of the phone is going to be very hard for Apple, IMO. this is not a case of someone breaking into Apple's facility, stealing the phone, then selling it. Apple knowingly and willingly let that phone off the premises, going so far as to try to camouflage it to look like a 3G. At that point, it's going to be hard to say their trade secrets were misappropriated because a key element of that is demonstrating "reasonable care" to protect those secrets -- allowing the phone off campus in the hands of a 27 year old software engineer doesn't sound like "reasonable care."

It's perfectly legal to take apart a product, photograph it, write about it, and publish it (ask Motor Trend, Popular Mechanics, etc). Patents only restrict others from manufacturing or selling an similar product. Plus, say what you will about Gizmodo, but anticipate that 1st Amendment protections will apply (anyone old enough to remember the Pentagon Papers?).

So, at the end of the day and assuming there's not more to the story, the DA has to prove, beyond a reasonable doubt, that Gizmodo KNEW the phone was stolen, and that's a high standard, legally-speaking. If convicted, I suppose Mr. Chen could be looking at up to year in a California prison. Frankly, given the shape California is in, I find it hard to believe the DA is going to press this without some really clear evidence of significant wrong-doing beyond "typical" journalistic zeal. Let's remember, this all started with Apple sending this phone off campus with a junior level employee.

 

[osxx]

I think the fact they paid 5000.00 for the phone is the clincher.

 

[RONE]

Here's the post about it on Gizmodo's site. It has an image of the Search Warrant and some other legal docs.
They are claiming the search warrant is "invalid under section 1524(g) of the California Penal Code."

Police Seize Jason Chen's Computers - Iphone 4 leak - Gizmodo

Section 1524 applies to intellect, not physical property. Receiving/buying stolen property isn't protected by any penal code.

 

[the8thark]

More news on the subject.
Apple a director of task force that raided Gizmodo journalist's home

 

[Doug b]

.....

Hahaha... I love Mitch Hedberg. Nice.


Doug

 

[Doug b]

I think the fact they paid 5000.00 for the phone is the clincher.

And I think that the fact this has gotten so much publicity, points to a hoax perpetrated by Apple. A really grand hoax. I can already see what's going to happen in the end. All charges will be dropped due to a misunderstanding, and further posturing will have to be done in order to assure us, Joe public, that it wasn't a hoax. Granted, what I've said is utterly simplistic and perhaps even silly, but I haven't slept at all and dont' feel like going on one of my usual logistical break down's.

I think it will be fun to see how all of this plays out. I think we should start a betting pool on hoax or real.. I'll throw in ten virtual bucks.

Doug

 

[Zoolook]

Having some influence on the situation is one thing, The guy killed himself.
after basically being slapped around,beaten...etc and who knows what else happened.....

Are you still going to sit there and tell me Apple knew nothing about the entire situation? A company like Apple that is constantly in control and very secretive, Knew nothing about what happened to the guy who lost a iPhone prototype??? Why do you think they build these things in countries like China??

You implied Apple had 'something to do [with his death]' and now you're further implying they knew about it, and so must be an accessory after the fact, at the very least.

I think they build things in China to compete with all the other companies who build things in China. Quite honestly I wish they didn't, but I don't believe they were complicit in this mans death. If you do believe that, you should probably do something about it.

 

[bargsbeer]

You implied Apple had 'something to do [with his death]' and now you're further implying they knew about it, and so must be an accessory after the fact, at the very least.

I think they build things in China to compete with all the other companies who build things in China. Quite honestly I wish they didn't, but I don't believe they were complicit in this mans death. If you do believe that, you should probably do something about it.

I agree with you on not building in China, it's cheap labor that can be abused and exploited. My point is that a company like Apple knows what's going on in those factories. They are building iPhone prototypes half way around the world I guarantee they know every detail of the day to day operations including "Lost Prototypes". Do you honestly believe that Apple didn't have any knowledge or say about the situation? Okay maybe they (Apple weren't involved in his actual death)
But are you going to tell me they didn't have anything to do with the way the man was treated? They ransacked his apartment illegally, Beat the guy up, locked him in a room... Who knows what else.

Do you really think Apple had ZERO knowledge of any of this?

It's not just Apple It's almost every product we buy comes from China..

 

[Zoolook]

Do you really think Apple had ZERO knowledge of any of this?

It's not just Apple It's almost every product we buy comes from China..

We'll agree to disagree at this point - all I would say is that if you believe this, and you're still buying their products, then you must also believe you're complicit in his death.

As an aside, I work for a huge company (roughly the same size as Apple actually) and we have vendors who supply us with services in locations such as Mumbai, Bangalore, Manilla, Shanghai, Bejing etc. One of my biggest frustrations is that I don't have any influence on the way people are managed, their insentives, training or be able to provide motivation for productivity in anyway. I am not junior, I am a VP but I have almost zero visibility on what goes on in those companies.

 

[bargsbeer]

We'll agree to disagree at this point - all I would say is that if you believe this, and you're still buying their products, then you must also believe you're complicit in his death.

As an aside, I work for a huge company (roughly the same size as Apple actually) and we have vendors who supply us with services in locations such as Mumbai, Bangalore, Manilla, Shanghai, Bejing etc. One of my biggest frustrations is that I don't have any influence on the way people are managed, their insentives, training or be able to provide motivation for productivity in anyway. I am not junior, I am a VP but I have almost zero visibility on what goes on in those companies.

I think your right respectfully we'll have to agree to disagree. ;D

 

[Lifeisabeach]

This just got all the more interesting. Gizmodo is considering suing the sheriff's office over the raid.

These guys just don't know when to quit. This will probably just force the DA's hand into filing criminal charges against them so that the raid can legally be justified. And even if not... I don't like the idea of Giz profiting further from this by dipping into the taxpayers' pockets. If the charges do get dropped, why can't they just laugh it off and at least take some responsibility on their own shoulders for what happened, even if not overtly?

 

[Daddy Elmis]

Gizmodo does know when to quit -- as soon as other media outlets stop picking up the story. They are getting the kind of publicity money cannot buy, so they have no interest in letting this die and won't be the ones to quit.

 

[Artizen]

More news on the subject.
Apple a director of task force that raided Gizmodo journalist's home

Not sure who the lady is..is this also a blog?

Anyway as a business owner my take is that Apple was fully in their rights. I'm sure that that young man who took the prototype into the bar had signed a non disclosure contract beforehand. However taking such an important item into a bar with a lot of distractions was poor judgement ...or not? How many people off hand would even recognize that the phone was a prototype? And that there was a buyer for it? Most bartenders would have noticed very quickly a lone phone on the bar and placed it in lost and found. Are so many people on this forum so crooked to believe in the old "finders keepers"? I hope not. I believe that many people would have turned it over to the bar keep. I really believe that this was not a publicity stunt but just maybe a prearranged meeting. Apple has had millions of damage done. If Gizmodo hired true journalists they would know intellectual property rights law. First they purchased an item which they knew was A: stolen and Brotected technology. They then proceeded to post specs on the web. By law seizure of their computers was not out of line since even after the phone was returned I'm sure that all the information data concerning the phone had been recorded. I'm also sure that Gizmodo was already being contacted by rival companies to purchase the specs of the iPhone that was embedded on those computers. Tech theft is a serious matter as the first to get the tech out is the one that wins. Look at how many IPads have been sold? After the first unit of any new tech comes out it is expected to be copied. The important thing is to be the first one out with it. As far as being made in China I'm sure that Apple follows the policy used by many companies. In manufacturing sections are created were one section has no idea what the other is doing. Timing is important. By the time the piece is finished it is ready for the market and too late for a rival to get a clone out first. Everyone concerned signs a non disclosure agreement with really stiff penalties (by law ,not getting roughed up).

 

[the8thark]

Fourth generation iPhone prototype's finder, keeper revealed
AppleInsider | Fourth generation iPhone prototype's finder, keeper revealed

The individual who found the lost iPhone prototype and held it for weeks before delivering it to Gizmodo for a reported $5,000 has been identified as Brian Hogan, a 21 year old resident of Redwood City, California.

 

[Sgt Beavis]

Jon Stewart weighs in..

Video: Appholes | The Daily Show | Comedy Central

 

[Village Idiot]

A: stolen and

You mean found.

 

[RONE]

You mean found.

According to California law, it was stolen. Gizmodo should have known that (it pays to be well aware of the laws covering your area of work).

 

[bargsbeer]

Jon Stewart weighs in..

Video: Appholes | The Daily Show | Comedy Central

I just watched this, I laughed so hard I cried...

these were my two favorite quotes of the video.

“It wasn’t supposed to be this way. Microsoft was supposed to be the evil one, but now you guys are busting down doors in Palo Alto while Commandant Gates is ridding the world of mosquitoes.” John Stewart

“If you want to break down someone’s door, why don’t you start with AT&T, for God’s sake? They make your amazing phone unusable as a phone!” John Stewart.

 

[glennpompier]

iPhone 4G launch date

June 7th , 2010.;D