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Gizmodo Blows Whistle On 4G iPhone Loser

Stoobalou writes "Not content with its iPhone scoop, Gizmodo has probably ruined the career of a young engineer. The tech blog last night exposed the name of the hapless Apple employee who had one German beer too many and left a prototype iPhone G4 in a California bar some 20 miles from Apple's Infinite Loop campus. Was that really necessary?" It also came out that they paid $5K for the leaked prototype and that Apple wants it back.

853 comments

  1. Slashdot: by Anonymous Coward · · Score: 5, Funny

    News For Apple, Stuff That Apples

    1. Re:Slashdot: by Z00L00K · · Score: 1

      We are already stuffed with "leaked" Apple devices.

      What's the real hype behind them anyway?

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re:Slashdot: by bonch · · Score: 5, Insightful

      So, I subscribe to Slashdot's RSS feed, and here are the articles:

      Hidden Cores On Phenom CPUs Can Be Unlocked
      Study Finds Fast-Food Logos Make You Impatient
      Gizmodo Blows Whistle On 4G iPhone Loser
      What Will the Browser Look LIke In Five Years?
      History Repeats Itself, Mac & the iPad
      BitTorrent CEO On Net Neutrality
      Amazon Fights For Privacy of Customer Records
      The Nuts and Bolts of PlayStation 3D
      Quantum Cyrptography Now Fast Enough For Video
      An Early Look At Next-Gen Shooter Bodycount
      IE8's XSS Filter Exposes Sites To XSS Attacks
      Source Code To Google Authentication System Stolen
      What Is the Future of Firewalls?
      Adding Some Spice To *nix Shell Scripts
      SEC Proposes Wall Street Transparency Via Python
      Roger Ebert On Why Video Games Can Never Be Art
      Fatal Flaw Discovered In Invisibility Cloaks
      Network Solutions Sites Hacked Again
      EU Piracy Estimates -- Just How Inaccurate?
      Why Computer Science Students Cheat
      US House Passes Ban On Caller ID Spoofing
      Palm WebOS Hacked Via SMS Messages
      George Washington Racks Up 220 Years of Late Fees At Library
      Why Aren't SSD Prices Going Down?
      Cows On Treadmills Produce Clean Power For Farms
      This Is Apple's Next iPhone

      A whopping three Apple articles out of the last 26, and two are from a developing story about a lost iPhone prototype. You people claiming Slashdot is full of Apple articles are full of shit. If you don't like Apple stories, use that thing on the right side of the window called a scrollbar and scroll past them.

      P.S. Nice sockpuppeting in your own thread, AC.

    3. Re:Slashdot: by scorp1us · · Score: 0, Flamebait

      Just because your beloved OS vendor isn't making very much news, you choose to grouse about one that does? Maybe you have chosen to follow the wrong crowd and you're whining because it makes you feel inferior? Open Source has done great things, true but has accomplished few innovations. Technology and news is lead by innovators, not copiers, or knock offs. You should be excited to see what you'll be copying next!

      Flame bait, maybe, depending on who you are routing for. But I really think its just an observation back up with facts. At the very least it is am amusing zinger. It only hurts because its true! :-)

      --
      Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    4. Re:Slashdot: by RedK · · Score: 1

      Maybe those guys have their bookmark set to apple.slashdot.org.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    5. Re:Slashdot: by HaZardman27 · · Score: 4, Insightful

      They're shiny!

      --
      Apparently wizard is not a legitimate career path, so I chose programmer instead.
    6. Re:Slashdot: by Blakey+Rat · · Score: 0, Troll

      Just to sum up Slashdot so far today:

      Apple Apple Apple Apple Apple. Steve Jobs Apple Apple Apple iPad. Apple Apple iPhone Apple Apple Apple Apple. Apple Apple Apple Cupertino Apple Steve Jobs Apple Apple Apple iPad. Apple.

    7. Re:Slashdot: by Culture20 · · Score: 1

      News For Apple, Stuff That Apples

      Dude, you talk like you're three apples tall. La, la, la la la la, la la la la la...

    8. Re:Slashdot: by Dahamma · · Score: 1

      Like it or hate it (I kind of hate it, too) - it's the biggest tech news of the month. Get over it.

    9. Re:Slashdot: by Anonymous Coward · · Score: 0

      Seriously, everyone knows if you want Apple articles all the time and every time you go to arstechnica.com. Ars is your source for all things Apple and lusty Steve Jobs love.

    10. Re:Slashdot: by Anonymous Coward · · Score: 0

      Nice. Let's see what other conclusions we can draw from a sample size of 26.

      * Three out of twenty-six articles is over 10%. Over 10% of Slashdot's articles are about Apple (which would seem to contradict your point)
      * Slashdot has 3 times more Apple articles than Microsoft (and MS's only story was wrong)
      * Slashdot has 3 times more Apple articles than Google
      * Slashdot has infinitely more Apple articles than IBM, Dell, Nokia, HTC, Sansa, ...

      This is a fun game!

    11. Re:Slashdot: by Tetsujin · · Score: 1

      Apple Apple Apple, Apple Apple Apple.

      Malkovich?

      --
      Bow-ties are cool.
    12. Re:Slashdot: by Anonymous Coward · · Score: 0

      Apple marketing.

    13. Re:Slashdot: by Anonymous Coward · · Score: 0

      ... *single tear* Hero.

    14. Re:Slashdot: by Anonymous Coward · · Score: 0

      Pepsi Pepsi Pepsi?

    15. Re:Slashdot: by kevingolding2001 · · Score: 1

      Apple Apple Apple Apple Apple. Steve Jobs Apple Apple Apple iPad. Apple Apple iPhone Apple Apple Apple Apple. Apple Apple Apple Cupertino Apple Steve Jobs Apple Apple Apple iPad. Apple.

      Argh! A snake! A snake!
      Snake... Snake...
      Oh, it's a snake!

    16. Re:Slashdot: by Anonymous Coward · · Score: 0

      iPhone G4 - this one doesn't suck. No, really - you can *copy-and-paste* and *make calls without pain* or your money back#

      # - well, not actually your money back but you get to keep buying iPhone versions until we release one which isn't a bag of glossy shit.

    17. Re:Slashdot: by Macrat · · Score: 1

      A whopping three Apple articles out of the last 26...

      Some old school geeks have issues with a technologies that an average joe can use. Makes them feel inadequate.

    18. Re:Slashdot: by Anonymous Coward · · Score: 0

      In case you're a short bus rider, you're not on /.'s homepage, but on the Apple segment of it.

      You'd have to be mind numbingly stupid to think "apple.slashdot.org" wouldn't be writing about an *Apple* related story, but hey! Don't let reality deter you from mindless rants.
      Thousands of us were amused.

    19. Re:Slashdot: by Anonymous Coward · · Score: 0

      No C&D from Apple to take down the images? This has to be a stunt

    20. Re:Slashdot: by dudpixel · · Score: 1

      defensive much? the OP got modded "funny", not "insightful".

      You, although providing an insightful post yourself, apparently didn't see the funny side.

      --
      This seemed like a reasonable sig at the time.
    21. Re:Slashdot: by Sulphur · · Score: 1

      Apple's Campus is not infinite loop as you suggest. Its table driven.

      --

      Gee that phone reminds me of a PDP 11-70 with the blinking lights and switches.

    22. Re:Slashdot: by Engeekneer · · Score: 1

      A whopping three Apple articles out of the last 26, and two are from a developing story about a lost iPhone prototype. You people claiming Slashdot is full of Apple articles are full of shit.

      Ok, look at the list, and see, how many stories there are about other software/hardware vendors? Compared to other companies, yes, /. is full of Apple news.

    23. Re:Slashdot: by dpastern · · Score: 1

      Well, if we got on percentage coverage, 3/26 is rougly 11.5% or thereabouts. Apple don't have that market penetration level ;-) so, you could argue that Apple has more coverage on /. than it deserves.

      That said, Apple is starting to dominate both the mp3 and phone markets, so you could argue that the percentage level is fair.

      *shrugs*

      I do what you do, if I don't like the article, I don't read it.

      Dave

      --
      Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
    24. Re:Slashdot: by Mr.+Slippery · · Score: 1

      Some old school geeks have issues with a technologies that an average joe can use. Makes them feel inadequate.

      "Build a system that even a fool can use, and only a fool will want to use it." -- attributed to George Bernard Shaw.

      The problem is not with "technologies that an average joe can use", it's with technologies that restrict above-average Joes and Janes.

      There are in fact a lot of "average joes" using GNU/Linux and other Free Software systems out there. The beauty is that when people who are not average Joes gets their hands on one, they can do above average things with them. This is not an option with walled-garden, information appliances of the sort marketed by Apple.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  2. Nothingtoseeheremovealong by gzipped_tar · · Score: 1, Insightful

    Leaks? Typical Apple marketing.

    --
    Colorless green Cthulhu waits dreaming furiously.
    1. Re:Nothingtoseeheremovealong by Ctrl+Alt+De1337 · · Score: 5, Insightful

      It's true that Apple often leaks things for PR, but it doesn't do it like this. It plants things in publications like the Wall Street Journal or the New York Times by calling up journalists, giving pointed hints, and leaving no paper trail. That way, both Apple and the publication have plausible deniability about everything: for Apple, it was just some rumor, and for the papers, it could have been a misunderstanding.

      Apple sure as hell leaks things, as every tech company does in some way, shape, or form. This, however, is not how it operates. Specs and price points get leaked, not actual hardware. The iPhone is its big baby, and Steve prefers to have a big reveal on stage in San Francisco when announcing his precious new devices.

    2. Re:Nothingtoseeheremovealong by Low+Ranked+Craig · · Score: 4, Insightful

      There seems to be a lot of bad information surrounding this and as usual Slashdot is going off half cocked without the full picture, let alone RTFA. Gizmodo is not my favorite site, and frankly I think some of the editors over there are assholes (Jesus, I'm talking to you) but some of them are pretty good like Mark and Rosa. Anyway:

      First, they didn't out their source: This guy isn't their source, he's the guy that lost the phone. Their source found the device and contacted Apple to attempt to return the device but in typical large company fashion, the people at Apple who knew the device was missing never got that message from the people the guy talked to, and Apple basically blew the guy off.

      Gizmodo paid their source for the phone after Apple failed to respond to him. So the guy found a phone, tried to return it to the owner, the owner didn't respond so he sold it. I don't see a problem here.

      Gizmodo found out who the guy who lost the phone was and contacted him. Whether or not they had permission from him to publish his name is unknown, but they did talk to the guy. I don't see the entire point in naming names here, but the dude did lose the phone and it is his fault (unless you believe the Apple did it on purpose theories) so while I probably wouldn't have released his name, I don't really have a problem with it as it seems to be a legitimate if somewhat tabloid story.

      And finally, after publishing the story, Apple contacted Gizmodo to return the phone and they complied. http://gizmodo.com/5520479/a-letter-apple-wants-its-secret-iphone-back.

      So, in the end Apple got their device back, we got to know what the next iPhone will look like, and Gizmodo made a shitload of money from all the traffic the story generated. I just hope that guy gets to keep his job. If not Gizmodo should hire him.

      --
      I still cannot find the droids I am looking for...
    3. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      Poor Guy: "Oh my god, you jerks!!! You published my name! I had the chance of getting the penalties my manager would ram down my throat bot at least keep my job, but now I am fired and won't ever work in a place like this again! I will hate you money grubbing jerks forever!"
      Gizmodo: "Hey, want to work for us?"

      mmm not happening...

    4. Re:Nothingtoseeheremovealong by dsoltesz · · Score: 1

      Also, Jason Chen pointed out:

      "The point was to help him KEEP his job. Apple already knew he lost it, now everyone knows. Public scrutiny helps pull back the veil"

      I have to hope they asked Gray before releasing his name since the ding to his reputation may be worse than losing his dream job. Yes, maybe if Apple was already going to fire him, they'd have already done so a month after losing the thing. However, the Giz hitting the fan might have changed the situation.

      Or, it was a purposeful leak, and he's got a little bonus coming in his next check.

      1. Develop beautiful, functioning prototype for hot next gen gadget.
      2. Drop said prototype in a bar in the middle of tech heaven.
      3. Wait for tech media outlet to predictably get hold of prototype.
      4. ???
      5. Profit!!!

    5. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 1, Insightful

      How do you know that the individual who originally found the phone contacted Apple? I have a difficult time believing that someone who lives near Apple's campus, who knew enough to contact Engadget and Gizmodo, didn't have the knowledge to contact someone at Apple who would take him seriously. Calling an Apple Retail Store or AppleCare support line, IMO, doesn't cut it. Did the individual contact Apple corporate? Did he stop by the campus? Did he even attempt to contact the engineer who lost it? The fact that Gizmodo was able to determine who the engineer was tells me that the individual who found the phone probably could have contacted him directly or at least get a hold of him through Apple's corporate phone system or email system. Hell, given all the email Steve Jobs has been sending, the individual could have simply emailed Steve. I simply find it hard to believe the individual that found the phone truly did their due diligence to return it and instead saw an opportunity for an easy payout.

      Gizmodo again shows that they lack real maturity and integrity. The reality is that they knowingly paid someone to obtain trade secrets for their own financial gain. They then took it further by releasing the name of the engineer, which was not only unnecessary, but potentially very damaging to someone's current and future career. I sincerely hope that Gizmodo and Gawker face the full force of Apple Legal and receive the punishment that they deserve. Rumors and leaked blurrycam photos are one thing, but purchasing trade secrets and making a story unnecessarily personal is reprehensible. Fuck Gizmodo/Gawker.

    6. Re:Nothingtoseeheremovealong by pnewhook · · Score: 4, Insightful

      Gizmodo or the guy who found it didn't report the device to the police so its stolen. And if they paid someone for the device knowing it wasn't his property, then thats fencing stolen property. Additionally Gizmodo had no newsworthy reason to publish the guys name.

      I'm hoping criminal charges get laid here.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    7. Re:Nothingtoseeheremovealong by iamhassi · · Score: 5, Insightful

      "So the guy found a phone, tried to return it to the owner, the owner didn't respond so he sold it. I don't see a problem here."

      Ok, here's a car analogy since /. loves car analogies: "Well, I was at this bar and found these car keys, so I drove the car around and tried to find the owner. After a few weeks I couldn't, so I sold the car."

      If you find something that's not yours you are suppose to try and contact the owner and if you can not, give it to the police. Anything else and it's theft. How else can it work? Are we suppose to trust thefts to be honest?

      --
      my karma will be here long after I'm gone
    8. Re:Nothingtoseeheremovealong by MBGMorden · · Score: 0

      Gizmodo or the guy who found it didn't report the device to the police so its stolen.

      Almost nowhere are you required to report such things to the police. If you find an abandoned item, it's yours. Anything beyond that is good-Samaritan territory. Now if it's discovered in this case then you MAY have some legal recourse on getting the property returned to you, but you'll never - EVER be able to pen theft on anyone for not reporting it to the police.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    9. Re:Nothingtoseeheremovealong by nobodyman · · Score: 5, Insightful

      Their source found the device and contacted Apple to attempt to return the device but in typical large company fashion, the people at Apple who knew the device was missing never got that message from the people the guy talked to, and Apple basically blew the guy off.

      This is what their source claims but personally I find this suspect. What if his "trying" involved calling tech support and saying "hurr hurr I have an 4g iphone"? because that's what it sounds like from the article:


      No one took him seriously and all he got for his troubles was a ticket number.

      He thought that eventually the ticket would move up high enough and that he would receive a call back, but his phone never rang.

      I see, so he randomly dialed some numbers and then dialed tech support. Way to go all out, buddy. How about actually contacting the owner ?? After all, he had access to the owner's facebook account as well as his home/work phone number before the 4g was remotely disabled. It seems like an obviously half-hearted attempt because the finder did not want return the phone but wanted to appear like he did.

      I don't see the entire point in naming names here, but the dude did lose the phone and it is his fault...

      Yes, it is absolutely his fault, and he was probably going to suffer harsh consequences already. However, Gizmodo decided to heap public humiliation on top of this. He was already going to get fired, but now he is a laughingstock who will have a seriously hard time getting another job in the industry because of his newfound name recognition.

      This guy was already screwed but Gizmodo decided to utterly destroy his career and reputation -- all for a few more clicks. Total dick move.

    10. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 1, Funny

      the Giz hitting the fan

      Nice one there, eww.

    11. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      It's true that Apple often leaks things for PR, but it doesn't do it like this.

      Right, because Apple would never think of changing their approach to marketing, and it is a complete co-incidence that this phone was "lost" the weekend before the release of the HTC Incredible, a phone which is at the moment the biggest threat. And yet here we are talking about the iPhone *AGAIN* for what must be the 50th time this week so far, and everyone has pretty much forgotten about the HTC incredible. Yeah, that's all a co-incidence, I am sure.

      You Apple apologists really can be dense.

    12. Re:Nothingtoseeheremovealong by TRRosen · · Score: 5, Informative

      Apparently CA is almost nowhere as the law there requires you to turn over anything over $100 in value and wait 90 days.

      Gosh didn't you watch the Brady Bunch as a Kid!!!

      Oh and CA law also clearly defines what he did as theft.

      And truly in almost NO circumstance does finding an object make it yours. In almost every state there are laws requiring you to wait a set period of time before you can claim lost or abandoned property. And in this case it was misplaced property which the finder can never make a legal claim on.

    13. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      Ok, here's a car analogy since /. loves car analogies: "Well, I was at this bar and found these car keys, so I drove the car around and tried to find the owner. After a few weeks I couldn't, so I sold the car."

      You're a moron. Finding the KEYS and keeping them because you think they are sparkly & shiny is completely different from using the lost keys to STEAL THE CAR.

      There is no legal obligation to call the police and hand over the keys. Keys or no keys, you are not the owner of the car and do not have permission of the owner to drive the car, so that would be AUTO THEFT.

      If you find something that's not yours you are suppose to try and contact the owner and if you can not, give it to the police. Anything else and it's theft.

      While it is nice if you did that, there is no legal obligation to do so.

    14. Re:Nothingtoseeheremovealong by Klaruz · · Score: 1

      Umm, the person who found the phone did contact the owner. The owner then ignored him.

      So the car analogy would be: "Well, I was at this bar and found these car keys, I knew exactly who they belonged to and tried to give them to him. He laughed and said there's no way you have my cars keys. Then he slammed the door in my face, so I sold the car."

    15. Re:Nothingtoseeheremovealong by Plekto · · Score: 2, Interesting

      First, they didn't out their source: This guy isn't their source, he's the guy that lost the phone. Their source found the device...

      Am I the only one who thinks that the "found" is likely what didn't happen?

      Exactly how hard would it be to take the thing in a dimly lit bar from a guy who is playing with it(who wouldn't?) while drinking a few too many beers?

    16. Re:Nothingtoseeheremovealong by pnewhook · · Score: 1

      Almost nowhere are you required to report such things to the police. If you find an abandoned item, it's yours.

      Completely untrue. Please provide a source for your claim.

      Every US state that has enacted a specific 'lost and found' law (20 of them) require you to hand over the find to the police. For states that do not have a law, then it falls under common law where it is yours unless the original owner asks for it back.

      Europe same thing - you have to report the find to the police

      Regardless, there is no such thing as 'finders keepers' law, and EVERYWHERE if you try and buy knowingly stolen goods it is a crime.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    17. Re:Nothingtoseeheremovealong by kai_hiwatari · · Score: 4, Informative

      Almost nowhere are you required to report such things to the police. If you find an abandoned item, it's yours. Anything beyond that is good-Samaritan territory.

      Not quite. According to California law you are required to report to the police if you find a thing that has been lost.

      This is what it says in the CIVIL CODE SECTION 2080-2080.10

      If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one undred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county.

    18. Re:Nothingtoseeheremovealong by pydev · · Score: 0, Troll

      Specs and price points get leaked, not actual hardware

      Why not? Seems to get them plenty of press coverage.

      The iPhone is its big baby

      I hope for them the final version is a bit more exciting than this device; the prototype is little more than an enormously overpriced "me too" product.

    19. Re:Nothingtoseeheremovealong by 99BottlesOfBeerInMyF · · Score: 1

      Almost nowhere are you required to report such things to the police.

      I don't think this is true. A quick search indicates, in California any item valued at more than $100 requires you take steps to return and notify police who publish an ad notifying people for 90 days for items over $250 in value before ownership reverts to the finder. Failure to do so is a crime.

      Further, this may well be covered by trade secret laws in California as well, which makes knowing dissemination of trade secrets a crime.

    20. Re:Nothingtoseeheremovealong by flibuste · · Score: 1

      That's a lot of "points" that you admit you haven't "seen". I personally don't see your point in your text, and definitely not why "Gizmodo should hire him"...Gizmodo fucked up just like any tabloid would do to get 1 more reader, and in so doing, put themselves as low as said tabloids. It's definitely not their most glorious moment. But I guess you don't see my point.

    21. Re:Nothingtoseeheremovealong by xaxa · · Score: 2, Insightful

      Yes, it is absolutely his fault, and he was probably going to suffer harsh consequences already.

      Unless some policy has been broken (e.g. not removing development phones from the lab) I don't see any reason to fire the engineer. In allowing the phone out of the Apple building Apple are taking a risk. Would you fire him if he'd been mugged?

    22. Re:Nothingtoseeheremovealong by Rakshasa+Taisab · · Score: 1

      I believe what you meant to say was 'Almost everywhere are you required to report such things to the police' or leave it where it lies. (when the item is below a certain value this might not apply)

      Oh... perhaps you meant 'in America' or 'in Kids world where finder's keeper'.

      --
      - These characters were randomly selected.
    23. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 2, Insightful

      So the guy found a phone, tried to return it to the owner, the owner didn't respond so he sold it. I don't see a problem here.

      As has been pointed out elsewhere, the central issue is with that persons ethics. He finds a phone in a bar and *TAKES IT HOME* instead of leaving it at the bar for the person to come back to and retrieve it. He could have taken just the contact information and still left the phone there.

      If you don't see the problem here, you might be a douche too.

    24. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      He's joking

    25. Re:Nothingtoseeheremovealong by Gizzmonic · · Score: 2, Informative

      It's a goddamned conspiracy! Drunken engineers leaving phones in bars-now that's how you do PR! We're THROUGH THE RABBIT HOLE, people!

      --
      (-1, Raw and Uncut is the only way to read)
    26. Re:Nothingtoseeheremovealong by Rennt · · Score: 1
      Wait, I thought Apple would have to report it to the police for the phone to be considered "stolen". Otherwise the phone's status was simply "misplaced".

      I'm hoping criminal charges get laid here.

      Are you for real? To what end? To whom will Justice have been served?

    27. Re:Nothingtoseeheremovealong by omglolbah · · Score: 4, Informative

      Almost nowhere are you required to report such things to the police. If you find an abandoned item, it's yours.

      Hey dude, I found your car!

      And sold it to a somewhat shabby scrapyard for a few hundred bucks!

      Silly of you to leave it on the street like that :-p

    28. Re:Nothingtoseeheremovealong by hduff · · Score: 1

      Ok, here's a car analogy since /. loves car analogies: "Well, I was at this bar and found these car keys, so I drove the car around and tried to find the owner. After a few weeks I couldn't, so I sold the car."

      Better car analogy:
      I found these car keys for a Lamborghini, so I looked under the hood and admired the car before I called the dude and returned his keys to his awesome car. Hope he gives me a ride as a reward . . .

      --
      "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
    29. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      First of all, I don't know how it is in your locality, but in my town (and the other towns around mine - perhaps the whole state, not sure...) if you leave a car or motorcycle parked on my property for 30 days and don't come to claim it (no, I don't even have to attempt to contact you), I can legally claim salvage right to the car, re-title it in my name, and sell it if I so choose. Proving it's been there that long is a challenge, but not impossible. My landlord used this tactic to claim a former tenant's Kawasaki 400 cruiser that he left in the back yard of the house where we rented rooms - he had left it there after moving, for almost a year actually.

      Also I do know turning whatever item in to the lost and found at the local police station will start a clock (30 or 45 days?) - and unless it is claimed, was found to have been involved in a crime, or is otherwise illegal to posses (a firearm with the serial number(s) made unreadable or eradicated, for example), once the clock runs out I can legally claim the property as mine. I am not sure this applies to iPhones (or any modern cell phone), as they are a *bit* more traceable than a set of car keys or cash.

    30. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      Actually, if you find a car that has been abandoned, you can get it re-titled in your name. You have work thru the DMV (not the police) they try to contact the previous owner. If the previous owner can not be found or does not respond the car is made yours. In this instance sounds like the Apple did not respond.

    31. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      the finder claims he did try and contact apple repeatedly but was either brushed off or never able to get a solid contact to return the thing. Which is odd - because they bricked the phone that night - they knew it was gone. You'd think they would have sent a message to all customer service reps - "if anyone calls in about a missing, odd iPhone - send them to X"

      It looks like the guy did his due diligence and under California law (RTFA), it was his to do with as he pleased as long as Apple didn't ask for it back within three years. They did and the request was complied with.

    32. Re:Nothingtoseeheremovealong by Americano · · Score: 1

      You are clearly not familiar with California law, then, which explicitly states that you must notify the owner, and/or the police when you come into possession of "lost" property.

      This whole story reeks of "Hehehehe sorry we didn't know," and I'm sorry, for a "news" organization, that's not fucking good enough. If you're a news organization, you perform due diligence. If you're a news organization, you don't respond to a letter from a corporation's legal department as if you're writing a status update on Facebook to your friend. That's fanzine bullshit, and Gizmodo fucked up.

    33. Re:Nothingtoseeheremovealong by plover · · Score: 1

      Further, this may well be covered by trade secret laws in California as well, which makes knowing dissemination of trade secrets a crime.

      They could not impose that on a person who is not responsible for maintaining the trade secret. If I worked for Apple, sure, I can see that I would have to keep Apple's secrets. But if I find an iPhone 4G on the floor of a bar, it's obviously not a very important secret -- someone left it on the floor of a bar, for Pete's sake! Even if I knew what it was, any expectation of secrecy is long gone.

      But then again this guy did demonstrate he knew the value of the secret in that he offered access to it to some tabloid sites in exchange for money. If there was any wiggle room before in whether or not he knew if it was a secret, asking for money pretty much sealed the deal.

      --
      John
    34. Re:Nothingtoseeheremovealong by Americano · · Score: 1

      You are wrong. Under California law, where this incident took place, the law most certainly states that you have a legal obligation to turn over "found" property to the police. Fail harder next time.

    35. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      Wait, I thought Apple would have to report it to the police for the phone to be considered "stolen". Otherwise the phone's status was simply "misplaced".

      I'm hoping criminal charges get laid here.

      Are you for real? To what end? To whom will Justice have been served?

      To Steve Jobs, his Lord and Master. Who else matters to an Apple fanboi?

    36. Re:Nothingtoseeheremovealong by cyber-dragon.net · · Score: 1, Insightful

      Justice will be served to the idiot Gizmodo guys who think they can ignore the law and hide behind the claim of being a news organization in hopes they will be given the same protection as a real news outlet.

      This behavior just proves they are irresponsible, as if we didn't already know that after their trade show stunt. They whine and complain about not being taken seriously, well this is why. They are like a 13 year old kid who jumps up and down throwing a tantrum because they're not being treated as an adult.

      The worst part is there ARE online journalists who are trying to do it right, and these jerks hurt their efforts and credibility.

    37. Re:Nothingtoseeheremovealong by cyber-dragon.net · · Score: 1

      No you are a moron who can't read. $20 + $5 wallet = $25, under the $100 requirement.

      If you found $150 then yes, you are a thief according to the law. You may disagree with the law, that is your right, but you're still a thief.

    38. Re:Nothingtoseeheremovealong by Cro+Magnon · · Score: 1

      Oh, I found a wallet one with 20 dollars in it and no id. So now I'm a thief?

      Yes, you are. BTW, that's my money.

      --
      Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
    39. Re:Nothingtoseeheremovealong by goldspider · · Score: 1

      Oh, I found a wallet one with 20 dollars in it and no id. So now I'm a thief?

      Yes, you are.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    40. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      I'm hoping criminal charges get laid here.

      Oh...My...God. Was it your phone that was found? Or are you an Apple shareholder? Otherwise, what business of it of yours if someone files charges? What did those organizations and people ever do to you, personally, to make you want them to go to jail or face a punitive fine?

      Or is it that someone just took away all your wonder by disclosing the next piece of vapid, chimeric consumer hardware that Apple was planning to release? And if so, why have you allowed a corporate entity to such a large influence on your personality?

    41. Re:Nothingtoseeheremovealong by Americano · · Score: 2, Interesting

      Yeah, I'm unconvinced of the whole story. How about emailing Steve Jobs directly? Jesus, if you know enough to contact Gizmodo and Engadget and try to get a bidding war going, you certainly are smart enough to write an email saying:

      "TO: sjobs@apple.com
      Subject: Lost iPhone prototype (?) found in Redwood City, CA

      Mr. Jobs,

      I recently came across a device which I believe may have been lost by your company. It appears to be a new iPhone unit, and was found at $LOCATION. I know contacting you this way is unorthodox, but I'm very serious, and I'd like to return the device to Apple if it is your property. Could somebody at Apple look into whether or not you're missing an iPhone prototype unit, and if so, contact me? I've attached a photo of the unit for you to look at, and I'm interested in returning this unit to you if it is in fact yours.

      Sincerely,
      A guy who's not an asshole looking for a cheap payday"

      FFS, the man responds to user questions about "Will my iphone have a unified inbox someday?" Do you think he wouldn't at least forward that email to somebody on the iPhone team and say, "Is this guy for real? FOLLOW UP IMMEDIATELY AND FIND OUT IF HE IS!" Does anybody here really believe that Steve Jobs wouldn't have known that a prototype / test unit of one of Apple's biggest next-generation products got lost somewhere the day after it happened?

    42. Re:Nothingtoseeheremovealong by 99BottlesOfBeerInMyF · · Score: 1

      Further, this may well be covered by trade secret laws in California as well, which makes knowing dissemination of trade secrets a crime.

      They could not impose that on a person who is not responsible for maintaining the trade secret.

      That's not how California's UTSA works at all. I think you're confusing trade secrets (protected by state law) and nondisclosure agreements (private contracts between employer and employee). Under the UTSA, paying someone for a prototype device that you know is covered as a trade secret by a corporation is a clear violation and publishing information you learned by so doing is also a violation. If Apple wants to take Gizmodo to court Apple will almost certainly win and by default will be awarded damages as well as money equal to whatever Gizmodo earned by publishing the story.

    43. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      It was given back. Not a theft. Unless your a lawyer, but you already know what we think about lawyers.

    44. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      it seems I've lived my whole life "almost nowhere" -- in three different countries.

    45. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      Since Apple was contacted directly and told them it wasn't theirs, your car analogy would be more correct if when they find the car keys with an address on the keychain, they go to that house, knock on the door and tell the person who answers "Hey, I found this car with the keys in the ignition, I'm pretty sure it's yours" and holds out the keys to them. They respond by telling them "There's no Fing way that's my car, now get off my property before I call someone" and slams the door.

      Yeah. It may be a case of the left hand not knowing what the right hand is doing, but still, somebody at Apple really screwed up other than the person that lost it in the first place.

    46. Re:Nothingtoseeheremovealong by radish · · Score: 1

      How about actually contacting the owner

      Apple are the owner, not the guy who was using it. Assuming the finder called the number listed under "Contact Us" at apple.com, then he did attempt to contact the owner through the appropriate channel. It's not his fault if they didn't do anything about it.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    47. Re:Nothingtoseeheremovealong by LordKronos · · Score: 1

      Way to go all out, buddy. How about actually contacting the owner ?? After all, he had access to the owner's facebook account as well as his home/work phone number before the 4g was remotely disabled. It seems like an obviously half-hearted attempt because the finder did not want return the phone but wanted to appear like he did.

      Yeah, he was definitely intending to steal it. I mean, that article you linked to really made it sound like this happened in the middle of the night, but who cares. If the guy who found the phone wasn't willing to call some random phone number in the middle of the night, and instead intended to wait until morning to make that call, well certainly that's not being polite...it's blatent theft. And if he didn't anticipate that the phone would be locked down by morning and thus didn't write down the number on a piece of paper while it was still working in the middle of the night, then that's not a lack of psychic ability...it's blatent theft.

    48. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      You are wrong. Under California law, where this incident took place, the law most certainly states that you have a legal obligation to turn over "found" property to the police. Fail harder next time.

      Not true. You have to make a reasonable effort to contact the owner. Which they did. The owner said it wasn't theirs.

      QED.

    49. Re:Nothingtoseeheremovealong by Rennt · · Score: 1

      Irresponsible? Perhaps. Criminally irresponsible? Hardly. No puppies were harmed in the making of this non-story.

      The attitude that it is appropriate to tie up the courts up with trivialities such as this is irresponsible.

    50. Re:Nothingtoseeheremovealong by smartr · · Score: 1

      IANAL, but the "Within a reasonable time" part stuck out to me.

    51. Re:Nothingtoseeheremovealong by XDirtypunkX · · Score: 1

      While this would be damn convoluted for an intentional leak (which is why I doubt it is), the idea that they would leak hardware doesn't seem too far fetched when you compare the 3GS against the flagship phones coming out from Apple's major competitors, with their much higher resolution screens, bigger batteries and faster processors. The 3GS when it hit wasn't competitive with a lot of other phones in these areas already, so now it's further behind.

      Apple doesn't have the software advantage they did early on, or the "wow" factor from the initial launch, so they have to show they have competitive hardware is in the pipe or people might not bother waiting.

    52. Re:Nothingtoseeheremovealong by pnewhook · · Score: 1

      I dont own a smartphone or iPhone or anything else that starts with a lower case 'i'.

      I don't even have a computer at home. I just hate sensationalist journalism, and some poor guy getting publicly humiliated for ratings.

      That and what they did was illegal. Are you saying I shouldn't care? Do you honestly not care about any criminal activity? (Ah the investor just ran off with several hundred peoples' lifes savings. Oh well, good for him. Hey look someone getting raped! Hope they have fun.).

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    53. Re:Nothingtoseeheremovealong by dfxm · · Score: 1

      Where did you hear this from?

      I read a report that the guy who found the phone tried to tell someone who worked at the bar he found a phone & saw who was logged into Facebook on the phone, and that employee couldn't find the phone's owner, so he took the phone home. The next day, the guy who found the phone saw that the data on the phone was gone, care of MobileMe, at which point he went to sell it to the highest bidder.

    54. Re:Nothingtoseeheremovealong by nobodyman · · Score: 1

      You're saying exactly what I'm saying. He did the minimal amount in order to appear like he was doing the right thing, but doing the right thing would have meant taking a more obvious route.

    55. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      It was probably going to be sold at $99 with a plan. Since it was remotely disabled, I'll take it, it is not worth the $99. :)

    56. Re:Nothingtoseeheremovealong by nobodyman · · Score: 2, Insightful

      If the guy who found the phone wasn't willing to call some random phone number in the middle of the night, and instead intended to wait until morning to make that call, well certainly that's not being polite...it's blatent theft.

      Well, he *did* call random numbers... just not the obvious ones (how about work# of the guy who just left without the phone?) So let's throw out that argument.

      And if he didn't anticipate that the phone would be locked down by morning and thus didn't write down the number on a piece of paper while it was still working in the middle of the night, then that's not a lack of psychic ability...it's blatent theft.

      Look, he remembered the guy's name and facebook page, that's why he's in this mess in the first place, right?

      You're trying to paint this guy as some polite, moral character. In actuality it's some douche who found a lost phone, accessed his facebook account, attempted to look through all his photos, and then sold it to the highest bidder.

      And for the record, I never called it blatent theft, I'm just calling the finder a dickhead. There's no law against being a dickhead.

    57. Re:Nothingtoseeheremovealong by Trepidity · · Score: 1

      I agree, but within that reasonable time, you probably can't sell it.

    58. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      Wrong Analogy!

      In this case you found the owner of the car and tried to give the car keys back but the owner didn't want it (else they should have cared a bit more).

    59. Re:Nothingtoseeheremovealong by LoverOfJoy · · Score: 1

      The owner said it wasn't theirs.

      LOLWUT?

      If you buy something from someone who confesses it is not theirs you are knowingly buying stolen property. I don't think that's legal either.

    60. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      Seeing as you can email the apple cult leader himself, giz' made the least effort to return the device. They could easily have sent it to the company offices too, but no, they knowing purchased lost/stolen property. Let's not forget that these are the tossers that thought it was funny to turn off display HDTVs at CES a couple of years ago. They are the web's tosspots. No skills, no journalism effort, no integrity, just another apple zealot blog gathering.

      As they openly admitted to accessing his accounts, with a bit of luck he'll complain to the local law office and have them prosecuted for identity theft. The evidence is clear: they paid for something that was obviously suspect, they used its content to access private accounts, they used the information to drum up media hype for commercial gain. No judge is going to give them the time of day, especially if there's any comment about their CES activities.

    61. Re:Nothingtoseeheremovealong by VGPowerlord · · Score: 1

      It was given back... after it was sold to the media. Whoops.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    62. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      you guys are both off:
      he found a phone. a phone lets you access a mobile network.
      the analogy would be finding keys that let you access a car.
      but he didn't sell the mobile network, he sold the phone, so the proper analogue would be the selling of the car keys.

    63. Re:Nothingtoseeheremovealong by sodul · · Score: 1

      one undred dollars ($100)

      I think I found your missing h should I turn it over to the police ?

    64. Re:Nothingtoseeheremovealong by RichiH · · Score: 1

      So... what generated more buzz?

      This is a serious question, I try to fade out anything Apple. If not for the "revealed the poor sod's name" thing, I would not be in this thread.

    65. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      2080.7. The provisions of this article have no application to things which have been intentionally abandoned by their owner.

      How do you determine intentional abandonment? If I call you about your lost puppy and you say, "What puppy?", then as far as I'm concerned, you've intentionally abandoned it. That's basically what Apple did. If this goes to court, Apple might well lose the case. They had to repeatedly demonstrate gross negligence for this to happen.

      The employee who lost the phone screwed up, but not as badly as the person who let him take a prototype out of a secured lab for day-to-day use. It's one thing to use it on campus or to go to random cafes and stuff to specifically test the device in other environments. It's quite another to allow an employee to have it at a bar at night in the first place.

      Also, several higher-ups in AppleCare should be looking for new jobs right now for not having clear policies for handling reports of stolen/lost Apple property. It didn't have to be a prototype. Even if this had been just a stolen MacBook from somebody's office or cubicle, it could still have contained confidential information. Any piece of stolen or lost Apple property is a SERIOUS risk, and AppleCare should have taken that more seriously. Start canning at the senior VP level and work your way down.

    66. Re:Nothingtoseeheremovealong by RichiH · · Score: 1

      If the emergency documentation I carry with me gets stolen along with my backpack, people will be pissed. But I am supposed to keep this stuff near me so that is a calculated risk.

      If I leave the emergency documentation in a bar because I was drunk, well...

      Admittedly, it's easier to pull out and lose a cell phone, but the basic principle remains the same.

    67. Re:Nothingtoseeheremovealong by Wovel · · Score: 1

      Than you need to research California law. Both the seller and Gizmodo committed felonies in the state of California. It is not ambiguous at all. The law clearly states the procedure that must be followed regarding found items before the finder may legally take possession of them. Giz's sources clearly did not follow these procedures. He stole the phone and Gizmodo knowingly received stolen property (by their own admission).

    68. Re:Nothingtoseeheremovealong by darrylo · · Score: 1

      This guy was already screwed but Gizmodo decided to utterly destroy his career and reputation -- all for a few more clicks. Total dick move

      It's Gizmodo. I'm not surprised.

    69. Re:Nothingtoseeheremovealong by Wovel · · Score: 1

      California is a State with a 90 day waiting period. My source is the laws of the state of California. (The Sacremento police department has a nice page with a full description of the state law if you feel like looking it up).

      Funny ho wyou asked for a source but then made a wild claim as to what the laws are in 30 states without a single source.

      You are right in the end though. The facts are in this case, in California. The source stole the phone, Gizmodo knew the circumstances under which it was acquired. It was their responsibility to understand those circumstances constituted a theft. Gizmodo knowingly received stolen merchandise and paid $5000 for it. The company will try to say whoever did it was acting on their own and throw them under the legal bus. Maybe they were.

    70. Re:Nothingtoseeheremovealong by Wovel · · Score: 1

      And then you went to prison for grand theft auto, since all that matters is whats actually in the law. The law is written the way it is because it provides a verifiable and known process to ensure the person losing the item has a reasonable time to find the item.

      If he had the phone and followed the proper procedure under California law and then decided to sell it, that would be one thing. He did not do that (the time line presented does not allow for it).

    71. Re:Nothingtoseeheremovealong by ktappe · · Score: 1

      First, they didn't out their source: This guy isn't their source, he's the guy that lost the phone.

      OK, so they outed the guy that lost the phone. It's still a dick move.

      The dude did lose the phone and it is his fault

      And that's for Apple to determine punishment on, not for Gizmodo to shout to the world.

      I just hope that guy gets to keep his job. If not Gizmodo should hire him.

      If I were him, I think Gizmodo might be the last place on earth I'd want to work.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    72. Re:Nothingtoseeheremovealong by beakerMeep · · Score: 1

      Except the reality is he probably will just get fired for being irresponsible with company property. I probably wouldn't fire him, but I bet they will. This is their flagship product.

      --
      meep
    73. Re:Nothingtoseeheremovealong by lena_10326 · · Score: 1

      Or.. he could have just dropped it in the mail and send it to Apple headquarters. Care of prototype division.

      --
      Camping on quad since 1996.
    74. Re:Nothingtoseeheremovealong by pnewhook · · Score: 1

      Funny ho wyou asked for a source but then made a wild claim as to what the laws are in 30 states without a single source.

      It's not a wild claim, and you dont need to quote everything when it can be easily verified true with a simple Google search.

      California has a 90 day period, but it also requires that a found item valued over $100 must be turned over to the local police.

      Heres a nice summary of all state lost and found laws, including California.: http://www.animallaw.info/articles/ovuslostdogpropertystatutes.htm

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    75. Re:Nothingtoseeheremovealong by Man+On+Pink+Corner · · Score: 1

      Exactly how hard would it be to take the thing in a dimly lit bar from a guy who is playing with it(who wouldn't?) while drinking a few too many beers?

      INT: THE INN OF THE PRANCING PONY, REDWOOD CITY, NIGHT. A growth-stunted hipster with hairy toes and a faded Apple T-shirt waves an iPhone 4G prototype around drunkenly, revealing it to anyone who cares to look. A mysterious stranger in a dark corner of the room pays very close attention. Elsewhere, the Dark Riders of Steve lash their mounts, wheeling and converging with horrifying speed...

    76. Re:Nothingtoseeheremovealong by initialE · · Score: 1

      You'd be closer if it was his wife that you were trying to return the keys to, and not the guy himself though. And he was supposed to be in Japan and not with his mistress at the time, so she would have no reasonable expectation that you'd have his car keys.

      --
      Starbucks, Harbuckle of Breath.
    77. Re:Nothingtoseeheremovealong by Kalriath · · Score: 1

      No puppies were harmed in the making of this non-story.

      No, but an engineer was.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    78. Re:Nothingtoseeheremovealong by Anonymous Coward · · Score: 0

      "Almost nowhere are you required to report such things to the police."

      You are wrong, greed aside, most places require to hand found items to the police, or at least attempt good faith efforts to find the owner and return the item.

    79. Re:Nothingtoseeheremovealong by Americano · · Score: 1

      Yes, because emailing the very well known CEO of a company (who is known to both read & respond to customer emails) about what is one of the biggest breach of product secrecy they've ever had, and expect him to perhaps have somebody look at that claim...

      That's totally far-fetched. You're right. It never would've worked. The only reasonable thing to do is to sell it Gizmodo for $5k.

    80. Re:Nothingtoseeheremovealong by pipedwho · · Score: 1

      Umm, the person who found the phone did contact the owner. The owner then ignored him.

      So the car analogy would be: "Well, I was at this bar and found these car keys, I knew exactly who they belonged to and tried to give them to him. He laughed and said there's no way you have my cars keys. Then he slammed the door in my face, so I sold the car."

      Your amended analogy is bogus. But, just for fun, let's assume it was accurate.

      If the next thing you did was take the keys to the police and report them as lost property then you're fine (except for your broken nose - for which you could press charges).

      However, if you sell the car, then expect to spend some time in the clink for grand theft auto. Very simple concept.

    81. Re:Nothingtoseeheremovealong by RedWizzard · · Score: 1

      It was given back... after it was sold to the media. Whoops.

      How do you know that the media paid for the device? How do you know they didn't pay for the story and get given the device so they could track down the owner to return it?

    82. Re:Nothingtoseeheremovealong by RedWizzard · · Score: 1

      How do you know that the media paid for the device? How do you know they didn't pay for the story and get given the device so they could track down the owner to return it?

      Nevermind, I see Gizmodo have pretty much admitted to paying for it now.

    83. Re:Nothingtoseeheremovealong by Hognoxious · · Score: 1

      I'm hoping criminal charges get laid here.

      I'm hoping I do!

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    84. Re:Nothingtoseeheremovealong by Plekto · · Score: 1

      Awesome :)

      But, seriously. Am I the only one that finds that site's "sources" to often be questionable? Maybe legal, maybe not, but certainly not smelling very clean.

    85. Re:Nothingtoseeheremovealong by LordKronos · · Score: 1

      Well, he *did* call random numbers... just not the obvious ones (how about work# of the guy who just left without the phone?) So let's throw out that argument.

      No, I'm saying....it's the middle of the night. You want him to call some random number, where most likely he'll either get no answer, or he'll rudely wake somebody up from their sleep. Before you say he should call the work number and he'll get voice mail, you don't know that the work number isn't somebody's cell phone, and thus he'll be waking up someone from the guy's work in the middle of the night. No, the reasonable thing to do is to not make a call in the middle of the night, and instead do it in the morning.

      Look, he remembered the guy's name and facebook page, that's why he's in this mess in the first place, right?

      So you are saying that if he remembered a name, surely he should be able to remember the phone number too? I'm sorry, but one's a hell of a lot easier to remember than the other. As for facebook, it's great that facebook lets anybody post message to people on facebook, right? Oh no, that right...you need to have an account. Sorry, but there are some of us who don't have an account on facebook and would need to be paid money to be convinced to create one.

      So, the guy doesn't have a phone number to call, and (unless I missed something in the article) we don't know that he has a facebook account to make a post. So he does what he can and tries contacting apple.

      You're trying to paint this guy as some polite, moral character.

      No. I'm arguing your point where you said he should try contacting the owner. You are apparently expecting him to call some number he doesn't know and wake up some random person in the middle of the night. Either that, or you are expecting him to have a photographic memory or to be psychic and know that he won't be able to retrieve the number from the phone in the morning.

      And for the record, I never called it blatent theft

      Well, you pretty much implied that you thought he had zero intention of returning the phone. That's pretty much the same as saying he intended to steal the phone (if you know something belongs to somebody and you intend not to return it to them, that's theft in my view).

    86. Re:Nothingtoseeheremovealong by nobodyman · · Score: 1

      (if you know something belongs to somebody and you intend not to return it to them, that's theft in my view)

      Ah, so *you* think it's theft then? Glad to see you finally came around ;-)

  3. What's the point? by nbvb · · Score: 5, Insightful

    You know, I find that completely over-the-top.

    If the story is accurate, then what's the point of exposing the poor sod's name?

    What purpose does that serve? The guy's obviously had a rough week; why pile on and make it worse?

    It's likely that he's going to be terminated (from his employment, not physically), if he hasn't been already. I'm sure there's some "handling company materials" guideline or somesuch on the books at Apple that will be enforced.

    So why expose him publicly?

    I don't get it. This just seems like nonsense to me.

    1. Re:What's the point? by gzipped_tar · · Score: 5, Funny

      If not, he's probably going to be promoted from an engineering minion to mid-management at marketing dept.

      --
      Colorless green Cthulhu waits dreaming furiously.
    2. Re:What's the point? by phlawed · · Score: 5, Insightful

      Exposing the name of the guy likely isn't going to change Apple's reaction to the loss of the device.
      But it sure harms the guy who lost it, and I think that was really, really rotten form.

      --
      Dag B
    3. Re:What's the point? by ColdWetDog · · Score: 5, Funny

      If not, he's probably going to be promoted from an engineering minion to mid-management at marketing dept.

      Come on now, it wasn't that bad. He didn't kill anybody.

      --
      Faster! Faster! Faster would be better!
    4. Re:What's the point? by Chyeld · · Score: 5, Insightful

      Because they are assholes and exposing him lends credence to their story, the story that pulled in so many hits that the entire Gawker group of blogs had to turn off comments for most of the day to handle the load being generated. The story that most of the non-Gizmodo sites were calling bullshit on because no one thought that it'd be plausible that they could come into possession of one of the phones in the way that they explained. The story that is likely to get get someone on their staff in trouble for being in possession of stolen goods, industrial espionage, and etc.

      And, since they've realized this, they are doing their best to cover their asses by doing everything they can now to look like they were simply attempting to get it back to him rather than paying $5k to get an exclusive look at it.

    5. Re:What's the point? by Anonymous Coward · · Score: 1, Insightful

      Serves him right for being an idiot. He should get fired, if for no other reason than it might discourage these kinds
      of people from leaving data devices lying around. Would you still feel the same way if it was a laptop containing
      200,000 SSNs or a few million credit card records?

    6. Re:What's the point? by Anonymous Coward · · Score: 0

      It's likely that he's going to be terminated (from his employment, not physically)

      Don't be so sure. Don't forget what happened to the last guy that lost an iPhone prototype.
      iPhone prototype goes missing

    7. Re:What's the point? by lbmouse · · Score: 5, Insightful

      Exposing him publicly might just save him. Makes it harder for Apple to just sweep this under the rug and he might garner public sympathy. Who hasn't lost something?

    8. Re:What's the point? by chord.wav · · Score: 4, Funny

      Seems to me that it's all part of Steve's marketing campaign... This guy probably never existed in real life and the guy playing his role will soon start shooting videos threatening to disclose more information, prototypes, etc a la Bin Laden and leaking them to Arab news networks from time to time so everyone at Apple is scared and work harder...

    9. Re:What's the point? by McFadden · · Score: 5, Insightful

      Granted he's had a bad week, but it's also generated a reasonable degree of sympathy for the guy. I'd be surprised if Apple would want to court the bad publicity it would bring by firing the guy.
      Make a mistake at Apple? Get fired? Doesn't come over well, especially when the public can now put a name and a face to him.
      An anonymous engineer would have been easy to let go. This might just have saved his bacon.

    10. Re:What's the point? by Anonymous Coward · · Score: 4, Insightful

      Says the man who never lost a single thing in his entire life.

    11. Re:What's the point? by Wyatt+Earp · · Score: 1

      I agree, showing the hardware was cool and all, but outing the guy's name was pure asshat on gizmodo's part.

    12. Re:What's the point? by DIplomatic · · Score: 5, Funny

      Seems to me that it's all part of Steve's marketing campaign... This guy probably never existed in real life and the guy playing his role will soon start shooting videos threatening to disclose more information, prototypes, etc a la Bin Laden and leaking them to Arab news networks from time to time so everyone at Apple is scared and work harder...

      Wow you went from rational skeptic to tin-foil-hat loony in less than 2 sentences! My hat is off to you, sir.

    13. Re:What's the point? by Wyatt+Earp · · Score: 4, Insightful

      He didn't just make a mistake. He left a prototype in a bar while out drinking. That's flat out incompetence and he should be fired for it. I have zero sympathy for the guy, this growing trend of business people and government officials leaving sensitive equipment and data behind is just pure incompetence and being lax.

    14. Re:What's the point? by Anonymous Coward · · Score: 0

      http://schadenfreude.ca/ redirects to Gizmodo now...

    15. Re:What's the point? by FictionPimp · · Score: 5, Funny

      It's probably true. He posts on slashdot so we know he has at least never once lost his virginity.

    16. Re:What's the point? by Anonymous Coward · · Score: 5, Insightful

      Would you still feel the same way if it was a laptop containing 200,000 SSNs or a few million credit card records?

      No, but here's the thing: it wasn't.

      In other news, a man dropped a quarter on a concrete floor. He should probably be severely reprimanded, because, hey, what if it had been a baby that he had dropped? Ever think of that?

    17. Re:What's the point? by Intron · · Score: 1, Insightful

      Serves him right for being an idiot. He should get fired, if for no other reason than it might discourage these kinds
      of people from leaving data devices lying around. Would you still feel the same way if it was a laptop containing
      200,000 SSNs or a few million credit card records?

      More likely he was showing it off in the bar and someone stole it.

      --
      Intron: the portion of DNA which expresses nothing useful.
    18. Re:What's the point? by Darth+Sdlavrot · · Score: 2, Interesting

      Right. (As in I agree.)

      And there's no doubt in my mind that Apple knows exactly which employees have which items with which serial numbers.

      Once they get it back, they'd know who lost it anyway.

    19. Re:What's the point? by suomynonAyletamitlU · · Score: 3, Insightful

      Right. I mean, given how tightly Apple controls these things, it's not like they don't already know who lost it. Poor SOB probably had to face his superior before news got out that it had been leaked, and if he didn't, he wouldn't have survived any decent effort to find out which unit was missing.

      If anything, this just means Apple can't obliterate his career without anyone else knowing why. ...not to say they'd do that, or not, I dunno.

    20. Re:What's the point? by DJLuc1d · · Score: 1

      Apple knew who it was. He went into work the next day and told him he lost the phone. That is how they knew what phone to remotely brick. TFA makes it out like Gizmodo made it a point to single this guy out. In their response to apple wanting the phone back, they explicitly asked that Apple take it easy on the guy who lost the phone.

    21. Re:What's the point? by Anonymous Coward · · Score: 0

      I've never lost a phone, card, wallet, computer, device or any form of ID that could lead to my identity being stolen. I've never been stupid enough to carry around
      or send anyone elses personal data unless it was properly encrypted.

      Working at a company like Apple, he should have known the risks involved. He was probably showing it off to try to impress people.

    22. Re:What's the point? by mrsteveman1 · · Score: 1

      Dropping a laptop with SSNs hurts other people, dropping a prototype phone hurts Apple. So no, i wouldn't feel the same.

    23. Re:What's the point? by Zantac69 · · Score: 3, Insightful

      There are things that are ok to lose...and there are things that are not ok to lose.

      Your house keys, your car keys, your wallet, your purse, your shoes, your underwear, YOUR cell phone...all of those things are of relatively small value and the impact is felt by you.

      Other things have intrensically more value - computers and/or media with SSNs/CC/medical records info, advanced prototypes you are playing with from the lab, 250 grams of purified plutonium...these things you dont carry around in your pocket or in your bag. You keep a close watch on these items because they can be VERY valuable to others and/or affect many other people.

      So dude got outed - yeah - tough break for being stupid and careless with something valuable. Dick move by Gizmondo outing him to the world - you know damn well Apple already knew who did it and turned his ass into a playground but Gizmondo's move was salt in the wound.

      How bad was it? Honestly - we all kind of have the idea that the thing is coming out in a few months...so it only spoils a little of Apple's fanfare.

      --
      1331461 is only semiprime *sigh* Alas - I am just short of 1337.
    24. Re:What's the point? by clone53421 · · Score: 5, Informative

      They already knew. They wiped it remotely the very night it happened. The next morning, it was a brick. A shiny brick with interesting electronics inside.

      To wipe it remotely, they obviously knew that it was lost, which means one of two things. Either the guy reported the lost phone immediately or they figured out that it was lost by GPS/whatever else. Either way, they knew exactly which phone and exactly who lost it.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    25. Re:What's the point? by Anonymous Coward · · Score: 0

      the phone was traceable back to owner by Apple. Apple already knew who it was. Nothing lost or gained by the revelation for the unfortunate person. Wonder though what Apple will do about it. The phone was obviously out in the wild being used for live field trials and not stolen by the guy? Apple seeded the other iPhones in the real world before go live for testing. Yes? You win some you lose some?

    26. Re:What's the point? by lastchance_000 · · Score: 1, Informative

      Does anyone really think that Apple hadn't already figured out who lost it already?

    27. Re:What's the point? by Deathlizard · · Score: 2, Insightful

      Steve Never Forgets. Especially when you Ruin Steve's party.

      If I was that guy and I didn't get fired over this I would be resigning because I guarantee that Apple would make my job such a living hell that I wouldn't fear Satan anymore because I would have first hand experience going in.

    28. Re:What's the point? by scuzzlebutt · · Score: 0

      You can do that more than once?

      --
      In C++, your friends can see your privates.
    29. Re:What's the point? by Neoprofin · · Score: 1

      So you're not bothered at all that someone found something that clearly didn't belong to him, and rather than trying to return it to the rightful owner, sold it to the third party at a profit?

      If someone did that with your phone, your wallet, hell a stuffed animal you wouldn't be too happy about it, I don't see why this gets a pass.

    30. Re:What's the point? by sarlos · · Score: 0, Redundant

      As others have said, it's almost certainly a CYA move on Gizmodo's part. I'd also like to add that Apple already had to have known who owned the phone. In the original story Gizmodo mentioned it had been remotely wiped. That means the hapless employee had to have reported the loss of the phone.

      --
      Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    31. Re:What's the point? by EvanED · · Score: 1

      My hat is off to you, sir.

      Careful; removing the tin foil is dangerous after all.

    32. Re:What's the point? by Anonymous Coward · · Score: 0

      Cos we all know how much Apple responds to public opinion. Also doesn't do this guy's job finding prospects any good in the future...

    33. Re:What's the point? by Anonymous Coward · · Score: 0

      You are foolish to think that avoiding bad publicity will stop Apple from giving him hell.

      They'll do the same thing that happens to whistle-blowers and rats. They'll be treated as poorly as legally possible and will be the first one to go as soon as they can justify a layoff.

    34. Re:What's the point? by Neoprofin · · Score: 1

      I don't understand all of these people who assume that Apple couldn't figure out who lost the phone anyway.

      Don't they keep records of who's walking around with prototypes?
      Shouldn't the phone by marked to prevent intentional leaking?
      Can't they just go to whoever has them and say "everyone hold up your phone!" and see who can't?

      This whole store is rotten.

    35. Re:What's the point? by Locke2005 · · Score: 1

      If the story is accurate, then what's the point of exposing the poor sod's name? Look, they paid $5K for this device, they are trying to get their money's worth. Exposing the engineer's name not only adds credibility to their story, it also generates publicity for them, which translates into badly needed advertising dollars. Also, don't you think Apple already knows whose phone went missing? They had already asked for it back!

      I think Apple should reimburse Gizmodo for their expenses, and Gizmodo should give the phone back. It' been thoroughly documented and Apple has disabled it now, to it no longer serves any useful purpose to Gizmodo.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    36. Re:What's the point? by Anonymous Coward · · Score: 0

      Personally I would hope that my company would not come down too hard on me for what looks like an honest mistake. Maybe I'm being naive, or maybe that's why I don't work for the cult of Jobs.

      Seriously. Workers do tend to be treated as if they are "expendable" at a typical American workplace, but I've seen people do much more costly damage and come away unscathed. If the guy is a reliable employee for the duration of his time there, then makes one small screwup in a bar one night, do you really think they ought to fire him?

    37. Re:What's the point? by Wooky_linuxer · · Score: 2, Informative

      If you believe the story, he did tried to return it. He called Apple, and got a ticket that was never answered.

      --
      Where is that guy who'd die defending what I had to say when I need him?
    38. Re:What's the point? by CoffeeDog · · Score: 5, Informative

      Yeah I mean the last guy who lost an iPhone prototype killed himself. Maybe this is like a public suicide watch notice. Or the media frenzy may just drive him to the same fate.

      I still think it was a dick move from Gizmodo and feel bad for the guy.

    39. Re:What's the point? by Locke2005 · · Score: 5, Funny

      Killing someone would qualify him for upper management.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    40. Re:What's the point? by Anonymous Coward · · Score: 2, Informative

      Yes....vaginal, oral and anal. Three times.

    41. Re:What's the point? by N1AK · · Score: 5, Insightful

      [blockquote]He didn't just make a mistake. He left a prototype in a bar while out drinking.[/blockquote]

      A prototype mobile phone which, assuming he was given it to test, there will always be a risk of losing. If my employer asked me to road test a phone, but I'd be fired if I lost it then I'd pass. If apple couldn't afford the risk of letting the device be lost, why did they give it to someone who has a chance of losing it in a public place?

    42. Re:What's the point? by quadelirus · · Score: 0

      Seriously, how does this further harm the guy who lost it? Apple, of course, knows exactly who has which prototypes. All they would have to do is call the few individuals who have one back in to the office, see if they still have one, and punish the guy who doesn't have one anymore. There is no way Apple didn't already know who he was. Also, the phone was remotely disabled, which either means A.) the engineer who lost the phone did it using mobile me, or B.) Apple did it.

      If A.) then apple need only check who, of the handful of people allowed to take a prototype phone of the campus, used mobile me to disable it.
      If B.) then he had already admitted to Apple that he had lost it so that Apple could disable it.
      Either way, his job security has nothing to do with what Gizmodo did or did not do in regards to releasing his name. If there is bad form involved the bad form is on Gizmodo for scooping this in the first place (not in releasing his name) and probably costing the guy his job because of the mere fact that they reported they had the phone rather than just returning the device (which of course they do because that is their business, to get scoops like this) or on the dude who found it at a bar and sold it to Gizmodo for $5k. I don't believe for a second his sob story about calling Apple and their not returning his calls and then not wanting to give it to a guy at the Apple store.

      If he was really so conscientious that he felt he couldn't trust giving it to an Apple Store employee, then he wouldn't have sold it for $5k to Gizmodo.

    43. Re:What's the point? by Anonymous Coward · · Score: 0

      Seriously... how does anyone believe that? They'll fire him regardless, and if they don't they'll never trust him with anything of meaning which effectively means he will no longer be able to perform his job, then he'll either resign or be let go for poor performance. There's no consequence for Apple to this; any adult should understand that he screwed up big and Apple would be perfectly justified in firing him.

      On the other hand, this peron's career is now set back by a lot, if not outright destroyed. Apple would have had the legal prudence, if not the good sense, to not overtly destroy this person's career (i.e. they wouldn't have provided negative references, nor would they have published his name).

    44. Re:What's the point? by Anonymous Coward · · Score: 0

      i think if they did not expose his name then Apple would fire him and no one would know. But if they let everyone know and apple fires him then it will be bad press!!

    45. Re:What's the point? by farble1670 · · Score: 2, Insightful

      that being said, if he liked his job, why would he ever use a top-secret prototype as his day to day phone? these things do happen. did apple have a rule against taking the proto off property? out in public?

      unless there was a rule to never bring the phone out in public, then i can't see how they could fire him. simple state the phone was stolen. could he be help accountable for that? there are many ways a phone could be stolen that doesn't involve negligence by the user. i.e., you get jumped outside the bar.

      yes okay they *can* fire him for anything they want, but it doesn't do wonders for moral when management goes around firing people because they were attacked outside of a bar.

    46. Re:What's the point? by Anonymous Coward · · Score: 0

      and who works and depends on the success of Apple? Other People.

    47. Re:What's the point? by CrackedButter · · Score: 1

      ANd yet he's been modded insightful, the mods must be wearing some tin foil as well.

    48. Re:What's the point? by Wyatt+Earp · · Score: 1

      Maybe they thought he'd have some damned personal responsibility?

      Road test or field test doesn't mean drunken test.

    49. Re:What's the point? by clone53421 · · Score: 1

      It obviously isn’t the sort of responsibility that you’d give to just anyone, nor the sort that just anyone would be willing to accept. But they gave it to this guy, and he accepted it.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    50. Re:What's the point? by retchdog · · Score: 0, Offtopic

      I wouldn't be happy, but then again it's the rational thing to do. I don't think I'd begrudge them much, and I don't think I'd have much of a problem doing the same. Who knows, it'd depend on a number of factors.

      Laws about having to return found property are commie bullshit.

      --
      "They were pure niggers." – Noam Chomsky
    51. Re:What's the point? by jimbobborg · · Score: 1

      If the story is accurate, then what's the point of exposing the poor sod's name?

      I think sot would be more appropriate.

      What purpose does that serve? The guy's obviously had a rough week; why pile on and make it worse?

      Although this would make it appropriate.

      So why expose him publicly?

      Sod it is!

    52. Re:What's the point? by quadelirus · · Score: 2, Interesting

      In your Analogy you equated Apple with the KGB and Russia (who Americans apparently have sympathy for) with the engineer. So for your post to make sense the engineer needs to now become CEO of Apple so all that sympathy and good will can be directed towards Apple. The analogy doesn't really fit.

    53. Re:What's the point? by gknoy · · Score: 1

      Or, they remotely bricked all of them, and then everyone could bring theirs in the next day and un-brick it. (Again, they'd know whose wasn't there.)

    54. Re:What's the point? by Anonymous Coward · · Score: 0

      Or the guy wiped it all by himself.

    55. Re:What's the point? by Rufus211 · · Score: 1

      I'm amazed at how many people want to shoot anyone that's ever lost a portable device before. No matter what safeguards you have in place, no matter how perfect your employees are, portable devices *will* get lost. It's simply a fact of life.

      Once you accept that devices will be lost it becomes a question of how do you handle the losses that will happen. Apple had clearly thought about this and the phone was remote-wiped overnight. I'm also sure this is not the first prototype phone to be lost. It just happens to be the first one that got sold to a blog.

      When an accountant leaves a laptop full of SSN numbers lying around I don't blame him. I blame the IT guy that allowed a laptop full of SSN numbers out of the building unencrypted. Full-disk encryption's not that hard to setup and makes losing the laptop essentially a non-issue.

    56. Re:What's the point? by Corbets · · Score: 4, Informative

      Does anyone really think that Apple hadn't already figured out who lost it already?

      No. But when he starts applying for jobs (little j) next week, many potential employers are going to recognize his name (or find it when Googling) and think twice about hiring him.

    57. Re:What's the point? by sjames · · Score: 2, Interesting

      Anywhere else, perhaps. I'm not so sure with Apple. Between the RDF and the teflon nature of Apple, they might just decide they can get away with anything short of holding a public execution. They might even be right.

    58. Re:What's the point? by Anonymous Coward · · Score: 0

      Killing someone would qualify him for upper management.

      Hell with that - a career in government.

      I'm thinking Senator. At least.

    59. Re:What's the point? by z1ppy · · Score: 2, Informative

      Seems to me that it's all part of Steve's marketing campaign... This guy probably never existed in real life and the guy playing his role will soon start shooting videos threatening to disclose more information, prototypes, etc a la Bin Laden and leaking them to Arab news networks from time to time so everyone at Apple is scared and work harder...

      The guy exists in real life. "Friend of a friend."

    60. Re:What's the point? by Anonymous Coward · · Score: 0

      This is Gizmodo you are talking about. I stopped reading that site after they intentionally screwed up a Tech conference. Outing the guy is on par with the usual professional journalism you would expect from them.

      http://www.youtube.com/watch?v=YJRwZMG5GQ4

    61. Re:What's the point? by Anonymous Coward · · Score: 0

      I don't think anyone is arguing that the guy shouldn't be fired - but an article like this one exposing him to the world makes it that much harder for him to actually find another job. He might as well move back in with mom now, thanks to that article.

    62. Re:What's the point? by DJRumpy · · Score: 1

      I doubt seriously that Apple didn't know who he was to begin with. If they remote killed the phone, then it was reported as stolen. It's also extremely unlikely that they didn't know exactly who that specific phone was assigned to.

    63. Re:What's the point? by Klivian · · Score: 1

      Seriously, how does this further harm the guy who lost it

      Depend on Apples reaction on him loosing the device in the first place, but it's fairly likely he does not work there anymore. Then it's rather harmful.

      Not too cool trying to get a new job known as the guy who lost a secret prototype of his former employers in a bar. Not exactly something to highlight on your resume.

    64. Re:What's the point? by quadelirus · · Score: 1

      I guess my point is: he was probably fired before Gizmodo released his name, and he won't be getting good references from Apple for his next job, so even if his name hadn't been released he'd probably have a hard time getting another tech job.

    65. Re:What's the point? by SpyPlane · · Score: 1

      You don't know anyone who has ever worked for Apple do you? There is a reason their salaries don't compare to other companies in the area, people just WANT to work for them. It is like game companies, they can do whatever the hell they want and they'll still have more resumes they know what to do with.

      --
      "We need a fourth law of Robotics: Stop Fingering My Wife"
    66. Re:What's the point? by fuzzyfuzzyfungus · · Score: 1

      It's likely that he's going to be terminated (from his employment, not physically), if he hasn't been already.

      He'll just have to hope that the rules are different here than they are for the chinese manufacturing partners...

    67. Re:What's the point? by machine321 · · Score: 1

      It's likely that he's going to be terminated (from his employment, not physically), if he hasn't been already

      Lucky for him he doesn't work for Foxconn in China.

    68. Re:What's the point? by clone53421 · · Score: 1

      If he did and Apple hadn’t known about it the instant their prototype was remotely wiped, it would have been an unbelievable lapse of security on their own part.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    69. Re:What's the point? by X0563511 · · Score: 3, Funny

      No. We just found some really good shrooms.

      (there goes a troll mod (vs a frosty-pisser))

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    70. Re:What's the point? by Anonymous Coward · · Score: 0

      While the "loser" is undoubtedly very unhappy at work right now, I'm not sure that the external notoriety hurts him - either professionally, or with the ladies.

    71. Re:What's the point? by clone53421 · · Score: 1

      Or, they remotely bricked all of them

      They’d have to know one of the phones was missing first, and if they knew one was missing, they knew which one, and who.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    72. Re:What's the point? by Anonymous Coward · · Score: 0

      So you're not bothered at all that someone found something that clearly didn't belong to him, and rather than trying to return it to the rightful owner, sold it to the third party at a profit?

      My entire comment was about the guy losing it. I said nothing whatsoever about the guy who found it. Where on earth did you get the impression that I was even remotely justifying what that person did?

    73. Re:What's the point? by Critical+Facilities · · Score: 1

      No. But when he starts applying for jobs (little j) next week, many potential employers are going to recognize his name (or find it when Googling) and think twice about hiring him.

      I dunno, I hear that these guys are looking for someone good at losing things. Maybe he just needs a change in industry.

    74. Re:What's the point? by Anonymous Coward · · Score: 0

      I'd argue he shouldn't be fired. He was field testing a prototype, going out into the real world. Stuff happens in the real world.

    75. Re:What's the point? by Anonymous Coward · · Score: 0

      I confess: I looked at the pictures and text on Gizmodo because I was curious. But after this -- paying $5k to get it and exposing the person's name -- I'm not going to visit this nonsense anymore. This is really, really low. It's one thing to say "Oops, someone left something behind that is rather important", quite another to say "Here's $5k for that lost/salvaged/stolen(?) property, oh, and we're going to say who lost it." It borders on unethical. This is somebody else's property that they've displayed (not so bad) and then dissected (bad).

      What I don't understand is why they didn't cut a deal. Something like, "Ok, Apple, we want to get this back to you because it is your/your employee's property and we know that you want it. But when the time comes, can you give us some kind of exclusive in exchange for being nice about it?" Both parties are happy and get something out of it. Instead they took the cash in the form of advertising hits. Sleazy.

    76. Re:What's the point? by RevWaldo · · Score: 5, Interesting

      Come on now, it wasn't that bad. He didn't kill anybody.

      That reminds me an anecdote from a Apple engineer working on the first Mac (from a PBS special way back when; probably on YouTube somewhere.) Steve Jobs was pressuring him to knock a few more seconds on the time required for the Mac to boot up. They're already trying to meet the deadline for rollout and the guy is completely stressed out and asks Why, it's only a few seconds, what's the big deal? Steve replies that the Macs collectively will be started up hundreds of millions of times over their lifespans. So if we manage to reduce the boot time by ten seconds, that'll add up to decades of time saved amongst all the Mac users. That's the equivalent of saving the lives of one or more Mac users! The engineer says that Steve putting such issues in perspective like that is one of the ways he motivates the folks at Apple to go that extra mile to deliver (for the most part) stellar products.

      So who knows? From Steve Jobs' point of view, maybe this guy did kill somebody.

    77. Re:What's the point? by Rary · · Score: 4, Insightful

      He didn't just make a mistake. He left a prototype in a bar while out drinking. That's flat out incompetence and he should be fired for it. I have zero sympathy for the guy, this growing trend of business people and government officials leaving sensitive equipment and data behind is just pure incompetence and being lax.

      It's a prototype of a new phone. It's not a list of undercover CIA operatives.

      Get some perspective.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    78. Re:What's the point? by Anonymous Coward · · Score: 0

      Your statement implies it's possible to lose your virginity twice. Please provide more detail on how this is possible - inquiring minds would like to know.

    79. Re:What's the point? by Anonymous Coward · · Score: 0

      In your Analogy you equated Apple with the KGB and Russia

      No. Just Apple with Russia.

      (who Americans apparently have sympathy for)

      Oh please. Who the fuck are you to claim that victims of terrorists don't sympathize with each other?

      So for your post to make sense the engineer needs to now become CEO of Apple

      Uhh? Americans don't sympathize with the KGB (who I implied engineered the moscow terrorist attacks) we sympathize with the victims, the Russians.

      The analogy doesn't really fit.

      I think your reading comprehension needs improvement.

    80. Re:What's the point? by Anonymous Coward · · Score: 0

      That story is complete bullshit.

      Someone who doesn't have nefarious purposes in mind when finding a smartphone would:

      (a) Ask around the general area "Hey, is this anyone's phone?"
      (b) Probably snoop around the apps a little (I'd be willing to give anyone that leeway).
      (c) Go to "Mail" and look at the "To" address on any message, then send a message to the owner with "Hey, I found your phone, please contact me at XXXX".
      (d) Go to the "Facebook" app and post, "This is X's phone. I am lost. Please have him contact XXXXX and I'll get it back to you".

    81. Re:What's the point? by Anonymous Coward · · Score: 0

      Laws about having to return found property are commie bullshit.

      Huh? I'd say if anything laws about having to return found property enhance personal property rights, something that is not exactly characteristic of communism.

    82. Re:What's the point? by JWW · · Score: 1

      Baloney, former employers don't give references anymore. You can get personal references from people you worked with, but those aren't company references.

      Gizmodo did this guy great harm if he is indeed looking for a job by releasing his name.

    83. Re:What's the point? by Anonymous Coward · · Score: 0

      They already knew. They wiped it remotely the very night it happened. The next morning, it was a brick.

      Anybody else also thinks it's more than a little disconcerting that they are able to do this?

    84. Re:What's the point? by AndrewNeo · · Score: 1

      Finally, someone in this thread with some common sense.

    85. Re:What's the point? by kegon · · Score: 1

      Oh, so you think he left it lying around ? A valuable device that was "found" and "returned" to a gadgets blog after a bidding war ? Right. Highly likely.

      I think in most countries you do not legally own stuff you "find", at least until the owner has had a chance to claim it. Gizmodo can rationalise it all they like, they paid money to hold on to something that wasn't theirs and then offer it back to someone who they are confident actually owns it. The original guy sold something he didn't own.

      Another issue, if the guy was told to take it out and field test it then it's no problem, **** happens, it could have been stolen or dropped or something. As long as he tried to be careful about it. If on the other hand it was a top secret prototype that he took out without permission then he probably deserves to be canned. Gizmodo outing the guy is pretty low and uncalled for.

    86. Re:What's the point? by ColdWetDog · · Score: 1

      it no longer serves any useful purpose to Gizmodo.

      Even as a brick, I would imagine that there are hundreds of folks would would give more than 5K to take the thing apart, bit by bit. I wonder what would happen if you put it up for sale on Ebay? (probably get arrested but the bidding war would be interesting).

      --
      Faster! Faster! Faster would be better!
    87. Re:What's the point? by runningman24 · · Score: 1

      Are Apple employees and shareholders not people?

    88. Re:What's the point? by gcnaddict · · Score: 1

      Putting this out in public shoots his chances at getting a job anywhere else if he decides to leave Apple, assuming he isn't fired or demoted as-is.

      You do realize that employers often google prospective employees now, right?

      --
      Viable Slashdot alternatives: https://pipedot.org/ and http://soylentnews.org/
    89. Re:What's the point? by jollyreaper · · Score: 1

      Exposing the name of the guy likely isn't going to change Apple's reaction to the loss of the device.
      But it sure harms the guy who lost it, and I think that was really, really rotten form.

      It's not like they don't already know, assuming the story is true. All they have to do is see who still has their super secret trial phones. This hapless engineer is already boned.

      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    90. Re:What's the point? by jvkjvk · · Score: 2, Insightful

      Maybe they thought he'd have some damned personal responsibility?

      Road test or field test doesn't mean drunken test.

      I'm so glad that you have all the facts.

      From what I understand, this was a field test phone. You know, the kind you take with you out and about, and use, perhaps day in and day out.

      I imagine that you have never lost anything important?

      To declare that 'personal responsibility' keeps you from accidentally losing something makes you look like an idiot. It's akin to saying - "Just be Perfect! That solves Everything!!"

      We live in a complex world. Even the base physical layer is quite complicated. This could have slipped out of his pocket when he sat down, for example. The mental layer is even more complicated. Juggle too many things and something WILL drop. You probably won't even know which one till much later.

      Regards.

    91. Re:What's the point? by th1nk · · Score: 1

      Even if all of that didn't happen, why didn't Apple or the guy try to call the phone rather than just remotely shutting it down?

    92. Re:What's the point? by Bakkster · · Score: 1

      Or, they remotely bricked all of them

      They’d have to know one of the phones was missing first, and if they knew one was missing, they knew which one, and who.

      Your explanation is more likely than the one I'm about to propose, but I think it's also possible that all of the prototypes brick if not synced at the Apple Mothership frequently enough.

      --
      Write your representatives! Repeal the 2nd Law of Thermodynamics!
    93. Re:What's the point? by Anonymous Coward · · Score: 0

      Everybody's pretty much assuming that this guy got fired over this. Which means he needs to go out and find a new job. That would be kinda hard when your name is all over the internet for losing a top secret new product.

    94. Re:What's the point? by nblender · · Score: 1

      ...or the guy remotely bricked his own phone after he got home and realized it wasn't in his pocket... As an embedded firmware guy, I have lots of ways to instrument the device I'm working on to make it easier to solve problems... Things that don't make it into production code...

    95. Re:What's the point? by elnyka · · Score: 1

      Serves him right for being an idiot. He should get fired, if for no other reason than it might discourage these kinds of people from leaving data devices lying around. Would you still feel the same way if it was a laptop containing 200,000 SSNs or a few million credit card records?

      Holy LOLCATS!!! I know!!! What if it was The Football or a snuke? And what if it has been a Na'vi baby, or a puppy???

      </facepalm>

      Appeal to emotion much? Here, have this link with your sanctimonious kool aid.

      http://en.wikipedia.org/wiki/For_the_children_(politics)

    96. Re:What's the point? by pacergh · · Score: 3, Insightful

      And, since they've realized this, they are doing their best to cover their asses by doing everything they can now to look like they were simply attempting to get it back to him rather than paying $5k to get an exclusive look at it.

      The problem is that they're covering their asses by creating additional privacy liabilities. This is an invasion of this poor guy's privacy. The First Amendment likely won't protect them here, either. This guy isn't someone famous and it was not necessary, for the story, to out him.

      The result of this unethical move is that the guy who lost the phone may now reasonably lay down economic losses for his inability to find a future job plus pain and suffering because of the publicity he received. Add on to that potential punitive damages because of the very questionable method Gizmodo used to acquire the phone and you have a case an good Plaintiff's attorney should take.

      So, by covering their asses, and adding credibility, and acting like children in taunting Apple, Gizmodo has ruined some poor guy's life and opened themselves up to even greater liability.

      Stay class, Gizmodo.

    97. Re:What's the point? by Wyatt+Earp · · Score: 1

      "I imagine that you have never lost anything important?"

      No. Never, no personal electronics, no work tools at work or taken home or taken into the field.

      I've never lost anything of importance in over 25 years of working, that includes working in a pitch black wheat field at night while under vehicles.

      Most expensive and valuable tool I've lost was a sheet rock hammer that got sheet rocked in a wall by a co-worker.

      Personal responsibility and situational awareness.

    98. Re:What's the point? by quadelirus · · Score: 1

      Let's use your words:

      "everyone is sympathizing with "that poor undergrad working for Apple"

      Now, you just said in the post above that people sympathize with Russia, not the KGB ("Americans don't sympathize with the KGB".) And when I claimed that you said the engineer was Russia, you said, "No. Just Apple with Russia."

      So let's sum this up:
      "everyone is sympathizing with "that poor undergrad working for Apple", "Americans don't sympathize with the KGB", therefore your analogy clearly makes the poor undergrad out to be not the KGB, since we sympathize with him, but to be Russia.

      I think your writing skills need improvement.

    99. Re:What's the point? by Anonymous Coward · · Score: 0

      No but his next potential bosses hadn't figured it out.

    100. Re:What's the point? by jimicus · · Score: 1

      He didn't just make a mistake. He left a prototype in a bar while out drinking. That's flat out incompetence and he should be fired for it. I have zero sympathy for the guy, this growing trend of business people and government officials leaving sensitive equipment and data behind is just pure incompetence and being lax.

      Don't be damn stupid.

      If you really consider mislaying an item to be "a level of incompetence which should be a sackable offence in any organisation", you're off your rocker. These things happen all the time, if they didn't there would be no such thing as lost property offices.

      The correct way to deal with it is to ensure that the impact of such loss is minimised. Turn a potential disaster into a significant hindrance, turn a hindrance into a minor annoyance.

    101. Re:What's the point? by s73v3r · · Score: 1

      Have a company provided phone? Odds are they can do this too. This is no different.

    102. Re:What's the point? by pacergh · · Score: 2, Insightful

      As others have said, it's almost certainly a CYA move on Gizmodo's part.

      If by CYA you mean they've opened themselves up to even more legal liability, then yes.

      They need to consult their lawyers before they pull this crap.

      This is an invasion of this poor guy's privacy. The First Amendment won't protect them, either. This guy isn't famous in his own right, and disclosing him served no real purpose for the story. They're unethical behavior now has them on the hook for legal liabilities for his economic losses, pain and suffering for the exposure, and possible punitive damages for the nature of the outing and the questionable methods they used to acquire the device.

      I hope this guy sues them. Any good Plaintiff's attorney knowing anything about invasion of privacy should jump at this case.

      Stay class, Gizmodo.

    103. Re:What's the point? by Anonymous Coward · · Score: 0

      Yes, but when he applies for a new job elsewhere this incident will come up on background searches.

    104. Re:What's the point? by Anonymous Coward · · Score: 1, Funny

      It was his birthday.

    105. Re:What's the point? by Wyatt+Earp · · Score: 1

      Its lax practice. Where is my work laptop? On me, at home or safely in the trunk of my car. When you are entrusted with work property you don't freaking leave it behind.

    106. Re:What's the point? by jcmb · · Score: 1

      Since Apple allowed employees to go outside with prototypes they probably accepted the risk of losing these phones. I doubt they will fire him, more likely he will be given a poor performance review for not protecting company secrets. Accidents happen, and if a large attractive employer like Apple fired someone for making a mistake while testing a device in the field, then no one would ever volunteer to test these devices (which is absolutely necessary).

    107. Re:What's the point? by Wyatt+Earp · · Score: 1

      Fine, don't fire him, hold him responsible for replacement cost, which in this case would include legal fees.

      Than fire his ass.

    108. Re:What's the point? by pydev · · Score: 1

      What purpose does that serve? The guy's obviously had a rough week; why pile on and make it worse?

      Why not? He chose to work for Apple, he knew how the company operates.

      It's likely that he's going to be terminated

      Well, if he isn't, it confirms what many have suspected all along: that the whole thing is a marketing ploy.

    109. Re:What's the point? by pydev · · Score: 0, Flamebait

      I still think it was a dick move from Gizmodo and feel bad for the guy.

      Why? You lie down with dogs, you get up with flees. He chose to work for Apple and he should have known what kind of company they were before he took the job.

    110. Re:What's the point? by h4rr4r · · Score: 5, Insightful

      So Steve Jobs thinks getting 9 women pregnant will get you a baby in 1 month?

      If I heard that claptrap I would not be motivated just be forced to realize the boss is a total dumbass.

    111. Re:What's the point? by Anonymous Coward · · Score: 0

      He posts on slashdot so we know he has at least never once lost his virginity.

      I've lost mine at least 5 times!!

    112. Re:What's the point? by The+Archon+V2.0 · · Score: 1

      I guess my point is: he was probably fired before Gizmodo released his name, and he won't be getting good references from Apple for his next job, so even if his name hadn't been released he'd probably have a hard time getting another tech job.

      So because the guy's got a disadvantage to begin with, it's okay for Gizmodo to completely fuck over his career? All so they can get a few more page views?

    113. Re:What's the point? by hduff · · Score: 1

      You know, I find that completely over-the-top.

      If the story is accurate, then what's the point of exposing the poor sod's name?

      What purpose does that serve?

      I don't get it. This just seems like nonsense to me.

      Agreed. It only serves to validate the pretense that it was not a deliberate, publicity-whoring leak.

      I see what you've done there.

      --
      "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
    114. Re:What's the point? by nitehawk214 · · Score: 1

      My hat is off to you, sir.

      Yeah, your tin foil hat.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    115. Re:What's the point? by pablodiazgutierrez · · Score: 1

      True, assy as it gets, but Apple already knew the employee. I doubt they give secret devices to random employees without tracking serial numbers. And it had been disconnected via MobileMe, so the device ID wasn't unknown either...

    116. Re:What's the point? by somename937 · · Score: 1

      What difference does it make if he is publicly named? Apple knows that the phone went missing. Even if Apple didn't get the phone back (which they did) there has to be a very short list of people walking around with them. It wouldn't take long for Apple to find the poor guy.

    117. Re:What's the point? by Anonymous Coward · · Score: 0

      Your statement implies it's possible to lose your virginity twice. Please provide more detail on how this is possible - inquiring minds would like to know.

      DP GIS

    118. Re:What's the point? by omglolbah · · Score: 4, Interesting

      That just shows the horrible state the market is in....

      A guy at work knocked over a table sending about 70k USD worth of very sensitive equipment crashing to the floor.
      Know what he got? A generous amount of "bwhahahha, that has to hurt" comments from coworkers and it generated a little inquiry from management asking:

      Why the -hell- was that much sensitive equipment stacked on a table with wonky legs... Brains people, brains!

      The guy was not fired. Firing him would be stupid as he has now learned his lesson and he is the least likely person to do such a fuckup again ;)

    119. Re:What's the point? by The+Archon+V2.0 · · Score: 1

      If you believe the story, he did tried to return it. He called Apple, and got a ticket that was never answered.

      So, he had a phone in his hand which contained not only the personal info for the owner but probably the contact info for multiple Apple engineers and family members of said owner, and his only response was to call some guy in another country who has never heard of that model of phone, doesn't know the owner, and has no way of finding the owner.

      There's such a thing as due diligence, and that ain't it.

    120. Re:What's the point? by DrgnDancer · · Score: 1

      it must be nice to be perfect. The rest of us sadly fall short of you, and occasionally make mistakes. Granted this was a big mistake, and guy will no doubt feel repercussions, but firing him is probably over the top. We'll see.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    121. Re:What's the point? by __aailob1448 · · Score: 1

      You're an asshole and I hope life crushes you until you eat back those words of yours. Then maybe we can be friends.

    122. Re:What's the point? by Chyeld · · Score: 1

      That isn't the point. Yes, it's fairly obvious that Apple knew that the guy lost the prototype even before the article went up given the remotely bricked the phone.

      But posting the guy's name and picture, humiliating someone. Is that how you'd want YOUR name to become famous on the 'net'? For being so unlucky as to lose company property on your birthday outing? Maybe he'll keep his job, maybe he won't.

      It's like being Steve Bartman, only having his professional life being impacted rather than his personal life.

      Seriously, given how many companies do Facebook checks on their new employees for potentially embarrassing info, what do you think this guy's future interview are going to look like?

    123. Re:What's the point? by Wyatt+Earp · · Score: 1

      Never said perfect at work, just don't lose crap.

    124. Re:What's the point? by Wyatt+Earp · · Score: 1

      Cancer three times, a stroke and a war wound enough? Probably not.

    125. Re:What's the point? by Anonymous Coward · · Score: 0

      OMG feel the burn!!!!! You're my personal hero, FictionPimp.

    126. Re:What's the point? by Rary · · Score: 1

      Its lax practice. Where is my work laptop? On me, at home or safely in the trunk of my car. When you are entrusted with work property you don't freaking leave it behind.

      Cars can get stolen. People can get mugged. Houses can get broken into. I don't wish any of those things on you, but if such a tragedy should occur, I also wouldn't wish you get fired for it as well.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    127. Re:What's the point? by eth1 · · Score: 1

      This is the same sort of logic I use to justify the death penalty for these asshats that steal/cause to disappear billions of dollars.

      How many people, working for an average wage 24/7 for their entire life would it take to replace the amount of money that, say, Madoff stole? He's essentially "taken" that many lives.

    128. Re:What's the point? by Wyatt+Earp · · Score: 1

      If I were to lose my work laptop through fault of my own - leaving it in an airport or bar. I'll turn in my resignation.

      Car stolen could happen and then insurance would cover it. I won't get mugged without getting badly wounded (I'm one of those open carry folks), house gets broken into and insurance will cover it.

      I did almost lose my personal cell phone once, left it atop my truck, but it fell into the bed of the truck.

    129. Re:What's the point? by plover · · Score: 1, Informative

      He didn't just make a mistake. He left a prototype in a bar while out drinking. That's flat out incompetence and he should be fired for it. I have zero sympathy for the guy, this growing trend of business people and government officials leaving sensitive equipment and data behind is just pure incompetence and being lax.

      It's a prototype of a new phone. It's not a list of undercover CIA operatives.

      Get some perspective.

      And Apple's a computer maker, not the CIA. From Apple's perspective, marketing and new product hype is a large (albeit intangible) corporate asset. They take this kind of thing very seriously.

      --
      John
    130. Re:What's the point? by shutdown+-p+now · · Score: 1

      Would you still feel the same way if it was a laptop containing 200,000 SSNs or a few million credit card records?

      No. I'd ask who was that idiot who gave a person a laptop containing 200,000 SSNs or a few million credit card records to walk around with.

    131. Re:What's the point? by Facegarden · · Score: 1

      You know, I find that completely over-the-top.

      If the story is accurate, then what's the point of exposing the poor sod's name?

      What purpose does that serve? The guy's obviously had a rough week; why pile on and make it worse?

      It's likely that he's going to be terminated (from his employment, not physically), if he hasn't been already. I'm sure there's some "handling company materials" guideline or somesuch on the books at Apple that will be enforced.

      So why expose him publicly?

      I don't get it. This just seems like nonsense to me.

      The slashdot summary is complete bullshit.

      They fail to mention that most likely, apple already knew who lost the phone - it's been missing for over a month now (this all went down around march 16th or so) and the guy had to remotely wipe it (which apple probably can find out about). I'm sure that if you are given a major device like this for testing, they're going to want to know how your progress is, and with as tight a ship as i hear they run, they *HAD* to know who lost it, and had to have known for some time.

      Gizmodo posted the guy's name to try to bring this into the public eye. If they hadn't, apple probably would have just quietly let this guy go. Now there will be public pressure to let the guy off easy, since it was an honest mistake (It was his f'ing birthday when he lost it, of course he was out drinking!). Gizmodo made a point to publicly plead to apple to go easy on him at the end of the article in question, yet that is completely ignored here!

      The last time we shamed apple was just a week ago when they denied that cartoon app, and sure enough, they changed their mind and asked him to re-submit it.

      Gizmodo did the right thing here, and slashdot royally fucked up their summary. This is complete FUD and it pisses me off that they would make such a rash call on a story that has much more subtle information in it.

      Normally I don't complain, but today, for this story, I've gotta say - Fuck You slashdot summary guy (not parent), this story is complete shit.

      -Taylor

      --
      Worldwide Military budgets: $2100 billion. Worldwide Space Exploration budgets: $38 billion. Really, world? Really?
    132. Re:What's the point? by Americano · · Score: 1

      So if he's fired, it's evidence that Apple are a bunch of heartless pricks. If he's not fired, it's evidence that the conspiracy theorists are correct.

      Sir, I like your ideas and I would like to subscribe to your newsletter.

    133. Re:What's the point? by sootman · · Score: 1
      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    134. Re:What's the point? by interkin3tic · · Score: 1

      So if we manage to reduce the boot time by ten seconds, that'll add up to decades of time saved amongst all the Mac users. That's the equivalent of saving the lives of one or more Mac users! The engineer says that Steve putting such issues in perspective like that is one of the ways he motivates the folks at Apple to go that extra mile to deliver (for the most part) stellar products.

      So he motivates his employess by showing that he is completely insane? Hmm... I think I have a future in management...

      "By filling out this TPS report correctly, you'll save Bob in HR 5 minutes, which is 5 minutes he could spend knocking up some broad, and that kid could later go on to prevent nuclear war. THE WORLD DEPENDS ON YOU FILLING OUT THE TPS CORRECTLY!!! If you do not, I will unleash the rats. Do the right thing."

    135. Re:What's the point? by wsanders · · Score: 1

      Pshaw. He gets a raise and a trip to the next trade show for helping pull off a successful guerrilla marketing trick.

      --
      Give a man a fish and you have fed him for today. Teach a man to fish, and he'll say "WHERE'S MY FISH, YOU IDIOT?"
    136. Re:What's the point? by wsanders · · Score: 1

      Considering the amount of time I spent swapping floppy disks on my first Mac, I find that story dubious.

      I was sufficiently motivated to clip out the measly 128k dram chips and painstakingly solder in 512k chips to cut down on the tedium.

      --
      Give a man a fish and you have fed him for today. Teach a man to fish, and he'll say "WHERE'S MY FISH, YOU IDIOT?"
    137. Re:What's the point? by Anonymous Coward · · Score: 0

      Wow you went from rational skeptic to tin-foil-hat loony in less than 2 sentences!

      That's pretty much how Steve's marketing campaigns work.

    138. Re:What's the point? by elrous0 · · Score: 1

      Apple employees are *expected* to be willing to kill when asked, they are *not* expected to reveal company secrets.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    139. Re:What's the point? by prockcore · · Score: 1

      I think Apple should reimburse Gizmodo for their expenses

      I think Apple should sue Gizmodo for purchasing stolen property.

    140. Re:What's the point? by NoOneInParticular · · Score: 1

      If this is true, I am happy I don't work for Apple because I would have to resign with this guy if such a unlucky mishap would be deemed more important than whatever the guy contributes to the company. Luckily for Apple you guys here don't work for Apple. If this is a firing offense in your book, I congratulate you with your self-created helll in whereever you do work.

    141. Re:What's the point? by retchdog · · Score: 1

      Personal property rights basically developed from the right to harvest land which you cultivated. Nowadays you're not allowed to say this, of course, because so much of today's so-called "property" is based on rent-seeking and thus does not have this moral basis. Thus we have deified the very concept of property and all its extensions, while abandoning the moral basis. This is your mistake.

      The point is, that any natural sense of personal property is predicated on a sense of personal responsibility. If one is neglectful enough to abandon their property then what claim do they have afterward?

      So I call it commie because it's an artificial social welfare program which directly negates a rightful loss. This is important. Good welfare programs help the innocent, those who did not contribute to their disadvantages.

      --
      "They were pure niggers." – Noam Chomsky
    142. Re:What's the point? by nbvb · · Score: 1

      ... then it's between him & Apple. If Apple chose to put his picture up on their website with a huge "DON'T HIRE THIS MAN" banner, then that's between this gentleman & Apple.

      By calling him out - publishing his name, social network information, pictures, birthday, etc - Gizmodo is really piling it in. They're making sure - in no uncertain terms - that he is completely & thoroughly embarrassed, humiliated and blackballed from Silicon Valley.

      Why? I'm not saying it's illegal, I'm just saying that all it does is make a bad situation worse for this guy.

      Yeah, he left the phone behind (if the story's 100% accurate..) Yeah, he works for Apple. But there's no reason to call it out other than just to be mean. ... and that's all this was. Just mean.

    143. Re:What's the point? by Locke2005 · · Score: 1

      Legally, you are correct -- Gizmodo is guilty of receiving stolen property. (Yes, even if you find something of value that someone else misplaced, you are still guilty of "theft" if you make no effort to return it to it's rightful owner.) However, I believe that would be a criminal matter, not a civil matter. Furthermore, I think Apple would like to avoid drawing any further attention to this SNAFU. Apple is within their rights to demand the phone back with no compensation, but offering a "reward" would go a long way towards making sure this received no further publicity. (Gizmodo insisting on being paid for the device would probably be considered extortion.)

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    144. Re:What's the point? by silverglade00 · · Score: 1

      There's still both ears and both nostrils. And if you lose an eye or two...

      Too much GWAR growing up.

    145. Re:What's the point? by Anonymous Coward · · Score: 0

      Interesting. I wonder if Steve Jobs also considers the little bits of pollution emitted during the production, use, and disposal of each iProduct adding up and causing some health issues that lead to one or two deaths. Does he apply equal pressure on employees to go that extra mile to save those lives?

      Somehow I'm doubtful. And I'm not bashing Apple for this; they do try to reduce their pollution output and it seems they're making some progress in that area. But I'm just pointing out how "putting things in perspective" like that is a double-edged sword. You can easily undermine anything you do.

    146. Re:What's the point? by Anonymous Coward · · Score: 0

      He was exposed to cover gowker's ass.
      They received stolen goods. I'm sure he reported it stolen not lost. If he truly lost it he should get his ass fired. If you are stupid enough to be drinking and going to a bar when you are testing a prototype you should not be employed anywhere but McDonald's. And all you people that think he should be given a break are retarded idiots and will be in your support jobs for .

    147. Re:What's the point? by Anonymous Coward · · Score: 0

      Did you not read the word "sensitive" in his comment? You're an AC (so am I, but so what?), go ahead drop your phone off at the local bar, see if I or anyone else gives a crap (except your SO, and those compromising pictures you took...). But an Apple employee with a strange new device? An employee who had to more than likely sign an NDA to just even get a look at it, and probably commit to something worse to handle it, and I don't want to even think what he had to go through to get the damned thing out of the Apple R&D building.

      I agree with Wyatt Earp. It is incompetence, and the conditions and consequences for such are clearly spelled out in almost all corporate employee rules and regs - and government regulations for government employees for that matter. You took the job, you took the responsibility, you *own up* to the consequences. No more of this Gen-X whiny-touchy-feely-it's-not-my-fault-just-write-me-up-in-the-HR-office crap, there are probably 100 or more qualified, *competent*, unemployed people within 50 miles of Apple HQ in this age of economic downturn that would be more than willing to take his place. Suck it up, be an adult.

      Better yet, he should have thought about his future before carrying it with him to a bar.

    148. Re:What's the point? by dintech · · Score: 1

      Death-by-marketing gets him on the board.

    149. Re:What's the point? by Anonymous Coward · · Score: 0

      For what? Losing his phone in a bar?

    150. Re:What's the point? by pablodiazgutierrez · · Score: 1

      I understand, but there are bright sides to this. For once, he'll have proof that he was considered worthy of work in a cutting edge project. Also, would you really want to work for a company that cared so much about a minor mishap like you say?

    151. Re:What's the point? by andyring · · Score: 1

      It was Andy Hertzfeld, I think. Read "Revolution in the Valley." Really good book about the early days of Apple.

    152. Re:What's the point? by Zaiff+Urgulbunger · · Score: 1

      And they can't kill him either.

      Not saying they would do anything like that... but I'm guessing Steve Jobs would be most angry about such a situation, and it's entirely possible that the thought would cross his mind. Maybe. So Gizmodo could have actually *saved* a young man's life. :D

    153. Re:What's the point? by eliot1785 · · Score: 1

      If Steve Jobs wanted to be really cool about this, he could let this poor engineer be the one to present the iPhone on stage when they finally release it :). Everybody would have a big laugh and it would be a good time all around. Apple's at risk of overdoing the hype anyway, so it could lighten the mood and turn into a net positive.

      Somehow I don't think that will happen, though.

    154. Re:What's the point? by Anonymous Coward · · Score: 0

      What's with the random capitalization of words..? Who's "Ruin Steve" and why is he having a party? What's a "Steve Never Forget"? I don't usually mention much about this kind of thing, but... Spelling. Grammar. Capitalization of proper nouns only. This are basic English skills. Use them.

    155. Re:What's the point? by yahwotqa · · Score: 1

      You're joking, but I actually have worked with a MBA type guy who thinks that if more people are involved, a server boots up faster after maintenance.

    156. Re:What's the point? by seandiggity · · Score: 1

      Steve replies that the Macs collectively will be started up hundreds of millions of times over their lifespans. So if we manage to reduce the boot time by ten seconds, that'll add up to decades of time saved amongst all the Mac users. That's the equivalent of saving the lives of one or more Mac users!

      That is some of the fuzziest logic I've seen in a long time, and the new reason I hate bullshit motivational speeches by suits.

      --
      Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone.-rms
    157. Re:What's the point? by Ihmhi · · Score: 1

      I'm going to quote one of many short stories/anecdotes from one of my favorite books, Hagakure [Hidden in the Leaves] by Yamamoto Tsunetomo.

      At the time when there was a council concerning the promotion of a certain man, the council members were at the point of deciding that promotion was useless because of the fact that the man had previously been involved in a drunken brawl. But someone said, "If we were to cast aside every man who had made a mistake once, useful men could probably not be come by. A man who makes a mistake once will be considerably more prudent and useful because of his repentance. I feel that he should be promoted."

      Someone else then asked, "Will you guarantee him?"

      The man replied, "Of course I will."

      The others asked, "By what will you guarantee him?"

      And he replied, "I can guarantee him by the fact that he is a man who has erred once. A man who has never once erred is dangerous." That said, the man was promoted.

      s/promoted/keep his damn job

      ...and it's perfectly relevant to this story, is it not? Now that this man has fucked up so badly, he'll be way more cautious than someone who has never fucked up on that scale. That's a quite valuable asset if Apple has the sense and heart to forgive him.

    158. Re:What's the point? by Anonymous Coward · · Score: 0

      No~! Don't take your tin-foil hat off, ever!

    159. Re:What's the point? by mrsteveman1 · · Score: 1

      You missed the point, the consequences are much different. Apple employees aren't going to have their identities stolen just because a prototype got lost.

    160. Re:What's the point? by Anonymous Coward · · Score: 0

      And exactly whose life is in danger from the losing of a prototype phone?

    161. Re:What's the point? by Rakishi · · Score: 2, Insightful

      Trunk of your car, god you're incompetent and shouldn't have a work laptop. Hell, you should be fired on the stop for such gross negligence. Do you know how trivial it is for someone to open your trunk while breaking into the front of your car? One little lever and it pops right open. Do you know how often cars are broken into nowadays? Doubt there's a car thief around who doesn't know people store the valuable stuff in the trunk.

    162. Re:What's the point? by RevWaldo · · Score: 1

      Here's the straight dope:

      http://www.pbs.org/nerds/part3.html

      Jobs wanted the Mac to revolutionise the PC market - so he insisted that the team deliver perfection.

      Andy Hertzfeld
      Steve was upset that the Mac took too long to boot to boot up when you first turned it on so he tried motivating Larry Kenyon by telling him well you know how many millions of people are going to buy this machine - it's going to be millions of people and let's imagine that you can make it boot five seconds faster well that's five seconds times a million every day that's fifty lifetimes, if you can shave five seconds off that you're saving fifty lives. And so it was a nice way of thinking about it, and we did get it to go faster.

      Larry Tesler
      And the little things he did would create incredible pressure unlike I'd ever experienced before just tearing you to the bone ripping you apart and making you feel worthless.

      Bill Atkinson
      I mean, he would sometimes tell people this is shit and you had to understand what that meant in Jobs language, you see.
      BOB: What did it mean?
      BILL: As an engineer, if you understood his language you would understand that that was a request to teach me about this.

      Steve Jobs
      No that's not usually what I meant. I you know when you get really good people they know they're really good and you don't have to baby peoples egos so much.

      Bill Atkinson
      And maybe in the process of that dialogue Steve will suggest something that caused his engineers to go back and make it better yet and that's actually what a happened a lot of times Steve really did make the product better without even knowing exactly how the engineer was doing it.

    163. Re:What's the point? by clone53421 · · Score: 1

      Yes, other people have suggested this as well, and I’ll tell you the same thing I told them.

      If an Apple employee, assigned a top-secret prototype next-generation iPhone, just remotely killed the phone one day, Apple would be grossly incompetent if they didn’t know about it the instant he hit the kill button.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    164. Re:What's the point? by amplt1337 · · Score: 1

      ...depends. When it's all over the internet, it's not exactly a minor mishap. And if that company's going to pay me $60k more than the competition, then yes sir, yes I do!

      --
      Freedom isn't free; its price is the well-being of others.
    165. Re:What's the point? by Austerity+Empowers · · Score: 1

      Really? I read the article yesterday and I don't even remember his name anymore.It's not a big deal unless he stole the phone to begin with. Most hardware companies have policies that proto-hardware must not leave the lab, but that's all they are, policies. Sometimes people get fired but usually they get a stern talking to and a nastygram in their yearly review.

      More to the point: he left a FOURTH generation phone that adds absolutely nothing to the product line that wasn't already there. If anything he released a lackluster phone for people to not buy sooner, rather than later.

    166. Re:What's the point? by Wovel · · Score: 1

      That is because your reading comprehension is terrible. Back to grade school with you.

    167. Re:What's the point? by Abcd1234 · · Score: 3, Informative

      Or, they remotely bricked all of them, and then everyone could bring theirs in the next day and un-brick it.

      Just FYI, if you can "un-brick" it (without the use of a soldering iron, anyway), it wasn't bricked to begin with.

    168. Re:What's the point? by Abcd1234 · · Score: 1

      Anybody else also thinks it's more than a little disconcerting that they are able to do this?

      There's no evidence this could be done with a retail device. But I'm not at all surprised that, on a prototype device, they have a remote kill switch built in.

    169. Re:What's the point? by Anonymous Coward · · Score: 0

      Apple: We are so COOL that people literally DIE for our products.

      Please anyone follow this guys career I'm sure this is just the phase 2 of the farce, pretend he screw with the prototype so the suspicion about an staged leak would vanish.

      When marketing meets sociopaths

      You should be very proud Apple consumers.

    170. Re:What's the point? by dissy · · Score: 1

      True, assy as it gets, but Apple already knew the employee.

      I don't think he would be concerned with applying at apple and them finding out what he did :P

      It's more his future would-be employers that are the big deal.

      Of course there is the issue if that is anyones business or not (arguable it is), and also how people might over react needlessly (as people are, well, people)

      You know how when a person is accused of having child porn, it doesn't matter if they ever did or not, in everyone's eyes they are a child molester as a matter of fact?

      If this was an honest mistake or not, he will most likely be branded very poorly for his actions, which if they are an honest mistake is a real shame.

      Not having all the details or facts I will refrain from passing judgment, but those tiny facts do make all the difference.

    171. Re:What's the point? by Anonymous Coward · · Score: 0

      It's likely that he's going to be terminated (from his employment, not physically), if he hasn't been already.

      Actually, I wouldn't be so sure about the "not physically" part after having seen the reaction from the bunker.

    172. Re:What's the point? by Bught_42 · · Score: 1

      Brings a whole new meaning to "Once, twice, three times a lady"...

    173. Re:What's the point? by Prometheas · · Score: 1

      Errr... from what I see here, it's not Mr. Jobs that seems to have to worry.

      Hint: see Wovel's suggestion.

    174. Re:What's the point? by plover · · Score: 1

      And exactly whose life is in danger from the losing of a prototype phone?

      The loser who lost it.

      --
      John
    175. Re:What's the point? by Anarchduke · · Score: 1

      I don't know if you read through any of Gizmodo's stuff, but apparently the person who found it DID try and return it. They made several calls to Apple to try and return the iphone that didn't look or act like a regular iphone. The problem is that the customer service agents that answered believed the caller had found yet another Chinese knock off product, since the finder couldn't provide pictures to them. Also, the customer service agents of course heard nothing from their own company, and the common sense check says, "Yeah, right. A guy finds a super secret prototype at a bar and is calling me to return it."

      So the person who found it tried to do the right thing and Apple's secrecy worked against itself. Then the finder of the phone decided to live by the American Ideal, and sold it to Gizmodo for 5 large.

      --
      who prays for Satan? Who in 18 centuries has had the humanity to pray for the 1 sinner that needed it most? ~Mark Twain
    176. Re:What's the point? by jbezorg · · Score: 1

      But he will have to commit seppuku with an iPad.

      --
      I've lost all my marbles except one & It's fun to test angular & centripetal acceleration in my skull
    177. Re:What's the point? by osu-neko · · Score: 1

      Laws about having to return found property are commie bullshit.

      Um, I think you have that backwards. NOT having laws protecting personal property is commie bullshit. If you find my bike unattended in the park and ride off with it, you're a thief. If it's not yours, don't take it. Simple enough principle. Those who don't follow it ought to be taken out back and shot...

      --
      "Convictions are more dangerous enemies of truth than lies."
    178. Re:What's the point? by osu-neko · · Score: 1

      If Steve Jobs wanted to be really cool about this, he could let this poor engineer be the one to present the iPhone on stage when they finally release it :)

      I could see that. Especially if they have him "accidentally" drop it, fall out of his pocket or something, as he's walking up on stage.

      --
      "Convictions are more dangerous enemies of truth than lies."
    179. Re:What's the point? by retchdog · · Score: 1

      Please see my prior reply. The concept which you and nearly everyone else miss, is that personal property requires personal responsibility. At some point this got abandoned in favor of a labyrinthine system of rent-seeking middle-man parasites.

      It's not difficult: if the bike is locked up securely, it's theft. If you leave it on the street with no identification, then you have forfeited your claim to personal property.

      I guess "commie" isn't the right word. I meant "unnatural", and communism is just one particularly unnatural system.

      --
      "They were pure niggers." – Noam Chomsky
    180. Re:What's the point? by BikeHelmet · · Score: 1

      I lost a USB stick once. I found it in the driveway a week or two later.

      But there was nothing important on it. Just downloaded programs, like avast and Spybot.

      This is somewhat bigger than a $10 USB stick - but I do hope he doesn't get turfed.

    181. Re:What's the point? by osu-neko · · Score: 1

      Putting this out in public shoots his chances at getting a job anywhere else if he decides to leave Apple, assuming he isn't fired or demoted as-is. You do realize that employers often google prospective employees now, right?

      You realize there are jobs you can get, even as an engineer, where you're not allowed to take prototypes out in the field in any case. In which case, this whole incident would be a non-issue.

      --
      "Convictions are more dangerous enemies of truth than lies."
    182. Re:What's the point? by osu-neko · · Score: 1

      Wow you went from rational skeptic to tin-foil-hat loony in less than 2 sentences! My hat is off to you, sir.

      I believe his point was that he was a tin-foil-hat loony all along. The fact that you think he started as "rational skeptic" is worrisome...

      --
      "Convictions are more dangerous enemies of truth than lies."
    183. Re:What's the point? by osu-neko · · Score: 1

      He didn't just make a mistake. He left a prototype in a bar while out drinking. That's flat out incompetence and he should be fired for it. I have zero sympathy for the guy, this growing trend of business people and government officials leaving sensitive equipment and data behind is just pure incompetence and being lax.

      You obviously have no sense of perspective. This isn't leaving a laptop with the plans for an invasion lying around. This isn't leaving a laptop with a million SSNs or credit card transaction records. If he did something like that, I'd agree, he should be fired. But all he actually did was leave a new iPhone in a bar, one that could be easily remotely bricked, at that. He deserves a talking to from his boss and some laughs at this expense from his fellow employees. Anything more than that just shows an inability to keep a sense of proportion about these things.

      --
      "Convictions are more dangerous enemies of truth than lies."
    184. Re:What's the point? by osu-neko · · Score: 1

      Cancer three times, a stroke and a war wound enough? Probably not.

      Apparently not. Some people learn important life lessons from hardship, and end up becoming better to other people. Alas, some people just become bitter assholes...

      --
      "Convictions are more dangerous enemies of truth than lies."
    185. Re:What's the point? by osu-neko · · Score: 1

      Legally, you are correct -- Gizmodo is guilty of receiving stolen property.

      The reason Gizmodo wanted the device was to verify its authenticity. If they weren't sure it was authentic, it blows a hole in the idea that they knowingly received stolen property. It wasn't until they had it that they concluded it was the real deal. At that point it is then their responsibility to attempt to return the stolen property. You can't attempt to return stolen property before you know it's stolen.

      (Yes, even if you find something of value that someone else misplaced, you are still guilty of "theft" if you make no effort to return it to it's rightful owner.)

      And, given that they have done so, it follows they are not guilty of theft.

      However, I believe that would be a criminal matter, not a civil matter. Furthermore, I think Apple would like to avoid drawing any further attention to this SNAFU. Apple is within their rights to demand the phone back with no compensation, but offering a "reward" would go a long way towards making sure this received no further publicity. (Gizmodo insisting on being paid for the device would probably be considered extortion.)

      I believe being able to publish the stories they have is their reward... quite possibly with Apple's covert blessing in return for the return of the device.

      --
      "Convictions are more dangerous enemies of truth than lies."
    186. Re:What's the point? by osu-neko · · Score: 1

      Indeed. It's amazing how many people are acting like this was the loss of the battle plans for the military, or the loss of a top-secret military prototype weapon system. IT WAS A PHONE PEOPLE! Yes, it was a prototype, but it was a prototype PHONE! A consumer electronics phone, at that, not some top-secret military communications device. For crying out loud...

      If the guy gets more than a talking to from the boss and endless, merciless jokes at his expensive from his coworkers, someone doesn't have a sense of proportion.

      --
      "Convictions are more dangerous enemies of truth than lies."
    187. Re:What's the point? by Macrat · · Score: 1

      You don't have to kill them. Just a frontal lobotomy is enough.

    188. Re:What's the point? by Locke2005 · · Score: 1

      No, with an airbook. They're sharper.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    189. Re:What's the point? by Macrat · · Score: 1

      Wow you went from rational skeptic to tin-foil-hat loony in less than 2 sentences! My hat is off to you, sir.

      More likely he wants your pants.

    190. Re:What's the point? by Locke2005 · · Score: 1

      I once had a coworker (Hi Bulent!) that, everytime I said. "You can't make a baby in 1 month by getting 9 women pregnant!" would reply, "On the average, you can!"

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    191. Re:What's the point? by insertwackynamehere · · Score: 1

      No, I don't think it is. Prototype can be remotely controlled, so the fuck what? How is this disconcerting?

    192. Re:What's the point? by quadelirus · · Score: 1

      Yeah. I've been thinking about this all afternoon. You're right. Those guys are rotten.

    193. Re:What's the point? by quadelirus · · Score: 1

      No, I agree, I've been convinced. His whole, "Google Portfolio," as some people have called it, is now completely trashed (although, I would hire him, if he's good, and he probably is and just had a few too many.)

      Anyway, I concede the point. Gizmodo was way out of line. I heard Chen on NPR tonight and neither he, nor the guy interviewing him (Neal Conan, I think, but I may be misremembering) mentioned the fact that Chen had just ruined the poor engineer's life.

    194. Re:What's the point? by bar-agent · · Score: 1

      Killing someone would qualify him for upper management.

      Hey, it worked in Jennifer Government.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    195. Re:What's the point? by stewbacca · · Score: 1

      It's not like they aren't going to figure out who lost their prototype iPhone, and since it's doubtful any of us know this guy, stating his name makes no difference.

    196. Re:What's the point? by exomondo · · Score: 1

      If apple couldn't afford the risk of letting the device be lost, why did they give it to someone who has a chance of losing it in a public place?

      So no-one should ever give anything sensitive to anyone for risk of disclosure? Apple can afford the loss of the device, but it certainly has a negative impact - just like the loss of any sensitive information - and of course there are consequences of this since it could have been prevented by the individual who had charge of the device.

      Personally I don't think he should be fired but if everytime someone inadvertently let sensitive information fall into the wrong hands people just looked the other way and decided 'oh well nobody's perfect' there would be no sense of personal responsibility to safeguard such information.

    197. Re:What's the point? by suomynonAyletamitlU · · Score: 1

      I considered saying something like that (as a random comment, not insinuation) but it seemed a bit mean-spirited, and I didn't want to take away from what I was already saying.

    198. Re:What's the point? by suomynonAyletamitlU · · Score: 1

      Or just patting his pockets, "No, I know I have it here somewhere..."

    199. Re:What's the point? by pipedwho · · Score: 1

      Lapse of security my arse.

      The guy was an embedded firmware developer. It is highly likely he would have had all sorts of debug hooks in there including root access to the operating system. He probably 'bricks' it twice a week just doing normal development/debug/testing.

      Apple would have found out as soon as he requisitioned a replacement (and/or reported to them that he'd lost a prototype).

    200. Re:What's the point? by Anonymous Coward · · Score: 0

      I'm amazed at how many people want to shoot anyone that's ever lost a portable device before. No matter what safeguards you have in place, no matter how perfect your employees are, portable devices *will* get lost. It's simply a fact of life.

      Keys also used to be lost regularly. And then some brilliant dude invented a keychain that attaches to your belt.

    201. Re:What's the point? by Anonymous Coward · · Score: 0

      I won't get mugged without getting badly wounded (I'm one of those open carry folks),

      Holy shit, it's the Wyatt Earp!

      Are you friends with Elvis?

    202. Re:What's the point? by Anonymous Coward · · Score: 0

      Does it count if you have amnesia? Bourne was a lucky dude -- he must have lost his virginity 200 times! Unfortunately, he also died a virgin.

    203. Re:What's the point? by Stray7Xi · · Score: 1

      If by CYA you mean they've opened themselves up to even more legal liability, then yes.

      What's worse it's them acknowledging that they know the person selling it to them didn't have a legal claim of ownership. Finder's keepers isn't a legal term. http://en.wikipedia.org/wiki/Lost,_mislaid,_and_abandoned_property

      I could care less about "trade secrets", if the engineer leaked it to gizmodo that's one thing (and I won't discount that possibility). But for Gizmodo to come out and say they know the true owner but don't want to return it is bullshit.

    204. Re:What's the point? by pipedwho · · Score: 1

      Actually, it sounds like the phone may have been stolen.

      If I leave my briefcase under the table at a restaurant and someone swipes it while I'm not looking, that is clearly theft. If I leave the restaurant and come back 10 minutes later to get my bag and it's gone, then it is still considered to be stolen. Not 'lost'. I don't need to be mugged at gun-point for it to be considered theft.

      Likewise, if someone finds a diamond ring that is identifiable as the property of a particular person, but they try to sell it to someone, it is also considered theft.

      If I sell you a stolen car, it doesn't suddenly become yours. Even worse, if you buy it knowing that it was stolen property, then you become an accessory to the crime.

      Any attempt to knowingly deal in stolen property is an offence. The only excuse Gizmodo might have is if they were told that the phone was obtained legally.

      This could get pretty expensive legally for Gizmodo. They have pretty much admitted to knowing that this prototype was the property of Apple. They also knew that this was not publicly released (and possibly stolen) property and that it may contain Trade Secrets (which by extension were possibly stolen). Any action that didn't involve trying to turn it into the police or return it to Apple is legally dubious.

      I'm not advocating that Apple will go on the war path, but IMO, if they do it's more likely to be Gizmodo in the firing line rather than the employee that lost the phone.

      Make no mistake, that employee will get seriously lectured. And the entire Apple staff will probably get reminded how important it is to follow the guidelines agreed to when they signed their NDAs. But, so far I see no reason to actually fire him.

    205. Re:What's the point? by Thing+1 · · Score: 1

      I was thinking, while reading the Google story about China today, that Google (or Microsoft, that would be scary!) might decide to create their own country.

      I'm sure they're be immediately crushed by a third-world military, because purchasing the weapons they'd need to defend themselves would not be possible immediately, but I liked the little story my brain gave me. :) (I promise to reward you with alcohol. Well, in fact, that might have been the source of the story! "Alcohol, the cause of, and solution to, all life's problems." -- Homer)

      --
      I feel fantastic, and I'm still alive.
    206. Re:What's the point? by pipedwho · · Score: 1

      It's likely that he's going to be terminated

      Well, if he isn't, it confirms what many have suspected all along: that the whole thing is a marketing ploy.

      It 'confirms' no such thing.

      This isn't a marketing 'win' for Apple. If they were to orchestrate something like this, there are far better ways that leave far less egg on people's faces with far more plausible deniability.

      If they don't fire the guy, it means they don't see his actions as illegal, a breach of contract, or overtly negligent. It also says that they still value him in his role as a baseband firmware engineer.

      Yeah, the guy might get lectured. There might even be a financial penalty (depending on the terms of his employment contract or NDA). But, taking away his job doesn't appear to solve anything for anyone. And definitely won't suddenly absolve Apple of any guilt for a perceived marketing ploy.

    207. Re:What's the point? by Anonymous Coward · · Score: 0

      Penile?

    208. Re:What's the point? by pipedwho · · Score: 1

      How do you know they didn't?

    209. Re:What's the point? by exomondo · · Score: 1

      Cars can get stolen. People can get mugged. Houses can get broken into. I don't wish any of those things on you, but if such a tragedy should occur, I also wouldn't wish you get fired for it as well.

      That's a lot different to carelessly misplacing it.

    210. Re:What's the point? by jrumney · · Score: 1

      It's likely that he's going to be terminated (from his employment, not physically)

      It could happen to anybody. If it happened to Steve Jobs, would anyone expect him to be terminated? So why someone lower down the chain? Who approved him to have the device off premises? Maybe they are the ones whose neck should be on the line?

    211. Re:What's the point? by Anonymous Coward · · Score: 0

      So Steve Jobs thinks getting 9 women pregnant will get you a baby in 1 month?

      If I heard that claptrap I would not be motivated just be forced to realize the boss is a total dumbass.

      Why not? If you get 1 woman pregnant in 1 month, by the time you're done with the 9th, you'll get a baby in less than a month... people just need to keep an open mind, do not dismiss things without looking at it from different perspective and possibilities. That is what differentiates the average & mundane mind from the exceptional

    212. Re:What's the point? by Kalriath · · Score: 1

      Actually, there is evidence it can be done with a retail device. The web page (under "Enterprise" - "Microsoft Exchange support" heading) says so, as does the MobileMe box.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    213. Re:What's the point? by Anonymous Coward · · Score: 0

      Except the iPhone leak could easily cost Apple 2-3 digits more than your story. I wonder how your management would have reacted to that.

    214. Re:What's the point? by dudpixel · · Score: 1

      I think it has more to do with self-defense on Gizmodo's part. If they can name the offender then it clears their guilt, supposedly. There were rumours around how they got the device (not everyone believed their story) so this should put an end to those.

      I still remain suspicious about the whole thing. The net result is that Apple wins...so whether it is intentional or not, its fantastic marketing for Apple.

      --
      This seemed like a reasonable sig at the time.
    215. Re:What's the point? by Vlado · · Score: 1

      Well that iPhone supposedly wasn't really bricked. It was just unusable as in: it didn't get past the "Connect to the iTunes" screen.

      This is another example of current overuse of the term "bricked".

    216. Re:What's the point? by Neoprofin · · Score: 1

      I may have gotten out of hand with my train of thought but I'll try to explain.

      OP: If this was a laptop full of SSNs would you be mad he lost it? ->

      You: It wasn't. He shouldn't get fired. ->

      Me: Why are we talking about whether he's a bad person at all when we should be talking about what a dick the guy who found it is.

      Not directed at you per se.

    217. Re:What's the point? by Neoprofin · · Score: 1

      I did read that, it's a really great story except that he could have just handed it to the bar tender because I bet when the guy found out it was missing that's in the top three of places he looked.

      Now, do we assume that he's just to dumb to use the simplest and most effective plan, and that he couldn't use a machine purpose built for communication to call one of the engineers friends as soon as he found it, or do we assume that he made a really half assed effort (if any) then cashed in.

    218. Re:What's the point? by Anonymous Coward · · Score: 0

      saving the lives of one or more Mac users!

      And that's supposed to be a good thing?

    219. Re:What's the point? by Sulphur · · Score: 1

      Motivational fuzzy bullshit. That's motivational.

    220. Re:What's the point? by Anonymous Coward · · Score: 0

      You know, I find that completely over-the-top.

      If the story is accurate, then what's the point of exposing the poor sod's name?

      What purpose does that serve? The guy's obviously had a rough week; why pile on and make it worse?

      It's likely that he's going to be terminated (from his employment, not physically), if he hasn't been already. I'm sure there's some "handling company materials" guideline or somesuch on the books at Apple that will be enforced.

      So why expose him publicly?

      I don't get it. This just seems like nonsense to me.

      You think the article exposed him?

      Dude had a prototype, you don't just drag them off a shelf, that shit gets tracked. Hell it probably wasn't even supposed to leave their grounds. If this dude had a prototype on him, his signature is on a sign out form next to the fucking things serial number.

      If this wasn't a deliberate 'leak' for free publicity, then this poor bastard was screwed long ago.

    221. Re:What's the point? by drkim · · Score: 1

      My favorite story along these lines comes from the very early days of computing:

      “Recently, I was asked if I was going to fire an employee who made a mistake that cost the company $600,000.
      'No', I replied, 'I just spent $600,000 training him. Why would I want somebody to hire his experience?'"
      Thomas J. Watson
      President of IBM from 1914 to 1956

    222. Re:What's the point? by drkim · · Score: 1

      Yes....vaginal, oral and anal. Three times.

      ...hopefully, not all three at the same time...

    223. Re:What's the point? by drkim · · Score: 1

      He didn't steal it from the guy, it was found abandon.
      It didn't say if it was marked "Property of Apple" on it.

      I believe this falls under the California Penal Code Section 485 "Finders v. Keepers" 1952

    224. Re:What's the point? by Anonymous Coward · · Score: 0

      He would have to explain the missing phone eventually and one could argue that Apple should know one of their employees had lost such a valuable company asset. (And for the anti Apple set, yes, it would be a valuable asset to Apple, it's not a comment suggesting it's "better" than other platforms.) Also worth considering that, and this comes from a self-confessed fanboi, that super secretive Apple have probably given it to this guy and told him to lose it to astroturf the product. The media coverage has been mad, lets face it. Either way, the guy is in no more trouble from his employers than he was before the name release. That said, it was a bit of a privacy breach and exposes the guy to media hectoring.

    225. Re:What's the point? by jo_ham · · Score: 1

      He called tech support and claimed to have a 4G iPhone. Also known as "crank calling" - I'm not surprised he didn't get taken seriously. For one thing, the Apple tech support call centres are not even run by Apple - they are handled by third party companies and staffed by people who are not direct employees of Apple (although I know at least two of them are in the USA - I know someone who worked at one after college). None of them are going to be privvy to prototypes or the loss of one of them that day.

      Knowing what he had (and he clearly did) he would know that calling the tech support people wouldn't get the response he didn't want (double negative!) He just wanted the appearance of doing the right thing before doing what he was going to do all along - sell it to an unethical rag who will do anything for advertising clicks.

    226. Re:What's the point? by jo_ham · · Score: 1

      Well, like they say, karma has lousy aim.

      You think after 5 goes it would have managed to complete the job by now.

      Perhaps it left the "how to succeed" manual in a bar while drunk.

    227. Re:What's the point? by Xest · · Score: 1

      It's possible that those stories are right and this is all part of Apple's marketing strategy which still seems feasible, seeing as Apple haven't brought the authorities in on this when they've sued over smaller things in the past.

      It could just be that after realising this came across as perhaps the lamest attempt at faking a leak yet, they felt they had to jump to try and make it more feasible by getting Gizmodo to release even more details.

      Personally I'm still quite suspect about it all- they had time to connect the phone to Facebook to find the guys name out before it was whiped, but find nothing else out about the phone's software whatsoever? What are the chances of the phone ending up in the hands of someone who knows how to use it, how to strip it down, and which pro-Apple sites are best to sell it to? Apple obviously knew about the issue to make the phone remotely erase it's entire contents, but why didn't they have procedures in place to just track it's whereabouts via GPS instead? Why have Gizmodo now publicly admitting not just handling stolen goods, but also purchasing what they must have known would be classed as stolen goods? Even the timing is convenient, last week or so we had details about the software, iPhone OS 4.0 and now we've conveniently got details about the hardware without any additional software details. It really does just seem like this whole "leak" is setup perfectly so that Apple could get the details of their hardware out there, without having to answer any more questions than necessary about it such as questions about the software.

      Whatever the real truth about it all, the story is quite odd either way, and leaves a lot of questions, and stinks of much lameness throughout- either poor journalism practices on Gizmodos behalf, or the lamest advertising campaign ever on Apple's.

      I suspect Apple's happy regardless, even if on the (IMHO highly unlikely) offchance it wasn't intentional it's still mission accomplished, the net is ablaze with discussion about Apple's next shiny new toy.

    228. Re:What's the point? by Anonymous Coward · · Score: 0

      All I get from this is that Macs need to be rebooted often.

    229. Re:What's the point? by RivenAleem · · Score: 1

      Wow you went from rational skeptic to tin-foil-hat loony in less than 2 sentences! My hat is off to you, sir.

      Don't remove your hat! They'll get in!

    230. Re:What's the point? by hitmark · · Score: 1

      the targets sued where smaller, near one man operations. Gawker is anything but.

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    231. Re:What's the point? by clone53421 · · Score: 1

      The guy was an embedded firmware developer. It is highly likely he would have had all sorts of debug hooks in there including root access to the operating system. He probably 'bricks' it twice a week just doing normal development/debug/testing.

      I’m pretty sure an embedded firmware developer with actual, physical access to the device wouldn’t need to use MobileMe to brick the phone remotely. Ever.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    232. Re:What's the point? by macshome · · Score: 1

      What? You've never heard of BabyTorrent?

    233. Re:What's the point? by blue+l0g1c · · Score: 1

      Playing devil's advocate here, but I'm gonna say they outed him to lend credibility to their story about how the phone was obtained. A lot of people, including myself, thought Apple was employing an all-too-common strategy of co-opting news sites as a means of marketing by "losing" a phone.

      To be honest, I'm still not entirely convinced this is wrong.

    234. Re:What's the point? by Anonymous Coward · · Score: 0

      My hat is off to you, sir.

      Careful with that. That's how they have the chance to get the brain-washing controller waves in from space.

    235. Re:What's the point? by Anonymous Coward · · Score: 0

      It's not a list of undercover CIA operatives.

      So why were the content wiped then? What else are they hiding?

    236. Re:What's the point? by Anonymous Coward · · Score: 0

      They already knew. They wiped it remotely the very night it happened. The next morning, it was a brick. A shiny brick with interesting electronics inside.

      To wipe it remotely, they obviously knew that it was lost, which means one of two things. Either the guy reported the lost phone immediately or they figured out that it was lost by GPS/whatever else. Either way, they knew exactly which phone and exactly who lost it.

      Not necessarily. The employee himself could have wiped it, not "Apple". It's a standard feature of MobileMe. If you have an iPhone and a MobileMe account, you can remotely wipe it any time you want. In fact, that's most reasonable assumption. As soon as this guy realized he lost it, I'm sure he logged into his MobileMe account and wiped it to try to minimize the damage.

    237. Re:What's the point? by Anonymous Coward · · Score: 0

      Considering that he said:

      In your Analogy you equated Apple with the KGB and Russia (who Americans apparently have sympathy for) with the engineer.

      so Apple:KGB::Engineer:Russia

      and you said:

      Apple (KGB) staged the entire series of events to garner sympathy for the Engineer (Russia).

      so Apple:KGB::Engineer:Russia

      it makes no sense whatsoever that you go on to say that the AC, which said:

      No. Just Apple with Russia.

      so Apple:Russia

      understands you and he doesn't, unless you don't understand yourself.

  4. Still not convinced by SoupGuru · · Score: 4, Interesting

    I'm still not convinced that this isn't a marketing ploy. I mean really, you get entrusted with the Next Most Awesome Device Ever, go out for drinks, show it off to your friends.... you wake up the next morning and you don't have it.

    My wife has called bars, stores, restaurants, and cabbies to track down her crappy LG. You're telling me this guy never thought to call the bar the next day? Or that the bar sold it off before the guy could claim it?

    --
    What doesn't kill you only delays the inevitable
    1. Re:Still not convinced by Anonymous Coward · · Score: 0

      What kind of marketing would that be? Showing off an unfinished prototype in the blogs that have an attention span of 24 hours doesn't seem to promote anything.

    2. Re:Still not convinced by Anonymous Coward · · Score: 0

      Did you even bother to read the story? The phone was found immediately after he left it on a stool by another patron and that person took it and eventually sold it to Gizmodo after making several attempts to contact Apple directly and getting nowhere. So not only did the bar have absolutely nothing to do with finding the phone or selling the phone, they probably didn't even know that a phone was lost or found. So now that you know the basic details that were right in the many stories I've read...what good would calling the bar the next day have done?

    3. Re:Still not convinced by Anonymous Coward · · Score: 0

      I'm still not convinced that this isn't a marketing ploy. I mean really, you get entrusted with the Next Most Awesome Device Ever, go out for drinks, show it off to your friends.... you wake up the next morning and you don't have it.

      Oh, I did not know that the next iteration of the Nokia N900 was in prototype phase. ;)

    4. Re:Still not convinced by RobertM1968 · · Score: 3, Insightful

      I agree... if it were me, I'd be waiting at the place the next morning the minute they opened...

    5. Re:Still not convinced by swb · · Score: 3, Insightful

      It sure sounds like a marketing stunt.

      I would expect that a sensitive field prototype would be required to have a 1 minute passcode lock and automatic total device wipe (including firmware) after a very small number of failed passcode entries.

      Relying on remote wipe seems silly, since any serious industrial spy would put it in an RF-proof jacket ASAP and only examine it in a room sealed from outside RF to prevent remote wipe.

      Now it may be that this isn't considered a terribly sensitive prototype -- maybe an early manufacturing sample being used for final testing before they ramp up to final production. They don't *want* it in the hands of the public, but they also wouldn't fire an employee who was let loose in the streets with it.

    6. Re:Still not convinced by click2005 · · Score: 4, Insightful

      Off the top of my head...

      People who are undecided might wait for the Iphone G4 instead of whichever Android phone is best at the moment.

      It lets them gauge market interest in certain features (or missing features) while still allowing them to change the specs
      because it was just a prototype.

      It gets the Iphone more press for something other than the 'its locked down' or 'this app was rejected' stories.

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    7. Re:Still not convinced by Anonymous Coward · · Score: 0

      According to Gizmodo, the device was never given to bar management. Some other patron took it home and tried using it. It was only after the "person who ended up with the iPhone" discovered the device unstable/unusable that he considered returning it. But rather than returning the device to the bar or persisting in efforts to return it to Apple, the guy sold the device to Gizmodo for $5K. Gizmodo chose to name the Apple engineer and ruin his career, yet they hide the identity of the thief who sold the stolen device.

    8. Re:Still not convinced by Anonymous Coward · · Score: 0

      I would expect that a sensitive field prototype would be required to have a 1 minute passcode lock and automatic total device wipe (including firmware) after a very small number of failed passcode entries.

      Why? Are the bits anything they were trying to keep secret? To me (and admittedly I've not been following very closely) the hardware specs seem to be much more what people are caring about, and wiping the device does nothing to hide those.

    9. Re:Still not convinced by sammy+baby · · Score: 5, Informative

      My wife has called bars, stores, restaurants, and cabbies to track down her crappy LG. You're telling me this guy never thought to call the bar the next day? Or that the bar sold it off before the guy could claim it?

      The answers to all this and more, when you RTFA! :)

      But the short answer: some guy at the bar apparently tried to figure out who owned it, failed (because the guy who lost it had already left), and started messing around with it trying to figure out the owner. Eventually he found the guy's Facebook page, and thought "Aha! I'll return this tomorrow". Unfortunately, when he woke up, the phone had been remotely bricked, so he couldn't get the contact info back again.

    10. Re:Still not convinced by FictionPimp · · Score: 1

      Man people are assholes. Hey that guy left something behind and it has value, I'll keep it. I mean fuck him right?

    11. Re:Still not convinced by Hellasboy · · Score: 1

      Has Apple been unsuccessful in marketing their products lately? Did the next iphone need more hype?
      As far as I know, Apple is one of the best companies when it comes to creating demand for their next products.

      The iphone 2g, 3g, 3gs all weren't leaked like this a couple months in advance to create hype. They were immensely popular just because of Apple's fanbase. So with everyone anticipating the next iphone, why would Apple need to hype up the 4g like this?

      I'll usually check out what Apple brings to the phone arena (I'm an SE fan) but now that I know what it is, I won't really make any effort to see what goes on at their expo.

      --

      "Tread softly because you tread on my dreams"
    12. Re:Still not convinced by Anonymous Coward · · Score: 0

      yup. It's a marketing ploy to build excitement for the June release.

      It's painfully obvious that the whole thing has been staged.

      A real prototype wouldn't be allowed out of the shop.

    13. Re:Still not convinced by Anonymous Coward · · Score: 0

      I agree... if it were me, I'd be waiting at the place the next morning the minute they opened...

      I was there, man.
      I'm the one who lost the iphone.

      But you don't know the whole story.

      I had this phone at *home* when I went out for beers. Didn't want to lose it and get fired, you know. But I was so happy about it I began to tell it to friends, who didn't believe me.
      They paid me some beers/whiskies/vodka/younameit in different bars, each time telling telling the barman I had the new iphone and asking me to show it.

      Well, I'm not sure what happened then. I remember I went back home, pissed in several ways, and it seems I took the phone, went back to the last bar we went to, showed it, and we drank more in more bars, and went home.

      I was so pissed that I woke up only the next evening "shit missed work". But it's only the day after that, when I went to work: "oh shit, where's the phone". I called the bars I remember I've been to, but no chance. Then I saw the thing in gizmodo and made myself very very very little at Infinite Loop...

    14. Re:Still not convinced by Chris+Pimlott · · Score: 1

      They knew his name and that he had a Facebook page. Shouldn't be too hard to contact him from there...

    15. Re:Still not convinced by SoupGuru · · Score: 5, Insightful

      So, unlike you or me, he didn't think of just returning it to the bar knowing that if the person had lost the cell phone, that would likely be the first place he'd come looking?

      --
      What doesn't kill you only delays the inevitable
    16. Re:Still not convinced by harlows_monkeys · · Score: 1

      My wife has called bars, stores, restaurants, and cabbies to track down her crappy LG. You're telling me this guy never thought to call the bar the next day? Or that the bar sold it off before the guy could claim it?

      The bar had nothIng to do with the finding of the phone, nor with the selling of it. For all we know, the guy did call the bar.

    17. Re:Still not convinced by Neoprofin · · Score: 1

      That's my point.

      We've all lost things in our lives, it's nice to know that the reason we don't get most of them back is that everyone seems perfectly fine with someone who finds very clearly valuable things and sells them rather than trying to return them.

    18. Re:Still not convinced by ircmaxell · · Score: 1

      The iphone 2g, 3g, 3gs all weren't leaked like this a couple months in advance to create hype. They were immensely popular just because of Apple's fanbase. So with everyone anticipating the next iphone, why would Apple need to hype up the 4g like this?

      Quite simple. They have good competition now. With phones like the Droid Incredible and the HTC Evo coming to market before (or have a good chance of making it before) the 4g, they want to give normal people a reason to wait...

      --
      If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
    19. Re:Still not convinced by voidptr · · Score: 1

      At the point he realized it was an unreleased prototype (and thus worth selling to Gizmodo), the only logical conclusion was it was property of Apple. He didn't need to hunt down the guy who left it in the bar, just call the switchboard at 1 Infinite Loop.

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
    20. Re:Still not convinced by whisper_jeff · · Score: 1

      Unfortunately, when he woke up, the phone had been remotely bricked, so he couldn't get the contact info back again...

      So, without any better option available, such as calling Apple and saying "I found something that I think one of your engineers lost but I don't know which one - I'd like to return it to the poor guy" he instead went with the other option of shopping the phone around to media outlets looking for the highest bidder and ended up making $5 grand.

      Or he stole the phone and immediate started shopping it around because he knew he had something valuable and Gizmodo bought stolen goods and could be fucked under California's Uniform Trade Secrets Act.

      I know which of these options I'm guessing is closest to the truth. Greed. It's a powerful motivator.

    21. Re:Still not convinced by superFoieGras · · Score: 0

      So that would mean that this very secret prototype had no keypad lock so that the founder could access the owner's Facebook account freely ? Sounds weird...

      --
      I swear Officer, these are not WMD, just plain French cheese...
    22. Re:Still not convinced by Lumpy · · Score: 1

      WElcome to America... well most any country in general. The human condition is "mine mine mine, gimmie gimmie gimmie"

      you lost something expensive, someone steals it.

      Honestly Cellphone theft goes on daily, which is stupid because a stolen phone is 100% worthless (unless it's a secret prototype) When it's reported gone phone companies blacklist the ESN and that phone can never be used at a phone again.

      I had a friend lose a iPhone, he called and had it blacklisted. he got a call about 4 months later from a angry ebay buyer wanting his money back because the phone would not work. (idiot never remotely wiped the phone so his contact info was still in it)

      He told the guy to ship it to him and he would refund his money... he got the phone, and a angry call about not getting any money back..

      --
      Do not look at laser with remaining good eye.
    23. Re:Still not convinced by Lumpy · · Score: 1

      The iphone by default allows you to set a passcode and a auto wipe after 10 passcode attempts. The engineer probably did not bother with that.

      In fact most people are too lazy to turn that function on.

      --
      Do not look at laser with remaining good eye.
    24. Re:Still not convinced by Anonymous Coward · · Score: 0

      I'm with you bro... :)

    25. Re:Still not convinced by Anonymous Coward · · Score: 0

      At least he had one hell of a night before he realized that he lost his iphone. One hell of a birthday story for the grand kids.

    26. Re:Still not convinced by BerneAI · · Score: 0

      I buy it, Apple always generates way more hype than substance. I mean really, I haven't heard of Steve busting a vein and being readmitted or suing the bar over this which makes it almost assuredly Marketing...With all of Steve's whining about Google and Adobe lately why not toss the pundatae a crumb or two, 5k is chicken feed in Apple world.

    27. Re:Still not convinced by bonch · · Score: 0

      What kind of "marketing ploy" is this supposed to be? If Apple wanted to leak specs, they'd do one of their usual controlled leaks by phone to a newspaper and tell them the specs. What point is there in leaking an ugly engineering prototype, complete with prototype case for easier fabrication (e.g., the hard edges on the sides)?

      This isn't a marketing gimmick. Seeing people post this reactionary response to Slashdot and get instant +5s really shows how lame and predictable this readership has gotten over the years.

    28. Re:Still not convinced by Anonymous Coward · · Score: 0

      At the point he realized it was an unreleased prototype (and thus worth selling to Gizmodo), the only logical conclusion was it was property of Apple. He didn't need to hunt down the guy who left it in the bar, just call the switchboard at 1 Infinite Loop.

      And if you had read the article, you'd have known he did exactly that, several times, and Apple blew him off. The people answering the switchboard aren't the same people who knew the phone was missing, so they thought he was full of shit.

    29. Re:Still not convinced by MattskEE · · Score: 1

      If you read Gizmodo's account of it:

      He reached for a phone and called a lot of Apple numbers and tried to find someone who was at least willing to transfer his call to the right person, but no luck. No one took him seriously and all he got for his troubles was a ticket number.

      He thought that eventually the ticket would move up high enough and that he would receive a call back, but his phone never rang. What should he be expected to do then? Walk into an Apple store and give the shiny, new device to a 20-year-old who might just end up selling it on eBay?

      So the guy tried to return it to Apple, then got impatient since they couldn't escalate the issue to the right people. Then he said "fuck it" and sold it to Gizmodo.

    30. Re:Still not convinced by TRRosen · · Score: 1

      You're telling me this guy never thought to call the bar the next day? Or that the bar sold it off before the guy could claim it?

      Why would he it has "find my iPhone". The thief took it out of the bar that night. When the owner noticed it missing he probably checked its location, found that it was no longer in the bar and thus in someone else's possession so we wiped it as the unannounced OS 4.0 on it was very sensitive.

    31. Re:Still not convinced by whisper_jeff · · Score: 1

      And you believe that?

    32. Re:Still not convinced by Anonymous Coward · · Score: 0

      It reads like a fairy tale to me. It's more likely it was stolen from him. As much as I don't like Apple and I thought this could have been some kind of a marketing ploy, after reading the Gizmodo "story" I think it's more likely that Apple is right.

      It's not too far out of reach that some people would follow Apple engineers into a bar after work (or knowing from his Twitter or Facebook updates where he was) and try to get a shot of the thing.

    33. Re:Still not convinced by pydev · · Score: 1

      As far as I know, Apple is one of the best companies when it comes to creating demand for their next products.

      Yeah, and you just experienced how they do it.

      Thing is: if this is the iPhone 4G, it's a really boring device.

    34. Re:Still not convinced by phantomfive · · Score: 1

      I seem to think likewise but for a different reason......most apple products, when I look at them or hold them, make me feel happy. It's not a rational response, it's totally emotional.

      This device is different, it makes me feel depressed, like recess is over and now I have to go to work. It is like a business phone or something. Like a rainy day. No wonder the guy had to go get drunk.

      --
      Qxe4
    35. Re:Still not convinced by swb · · Score: 1

      That the engineer even had a choice is what makes it suspicious -- I would have suspected that strict auto-wipe/passcode settings would have been mandatory, not a user-modifiable option on a sensitive prototype. Without such a mandatory setting, Apple is in effect relying on remote wipe to make sure the device isn't breached by anyone.

    36. Re:Still not convinced by swb · · Score: 1

      They can obfuscate the hardware in a prototype or sample pretty easily -- unmarked chips, an epoxy layer, etc that makes the hardware very difficult to identify or understand without sophisticated tools like x-ray machines, ultraprecision machining or electronic diagnostic machines.

      Again, would it stop serious competitors or real industrial espionage? No, nothing would.

      But it would stop Engadget.

    37. Re:Still not convinced by Shoeler · · Score: 1

      It lets them gauge market interest in certain features (or missing features) while still allowing them to change the specs because it was just a prototype.

      Obviously you've never been involved in supply chain management. If this device isn't already nearly in or already in production, there's no way they can meet the demand they probably expect.

    38. Re:Still not convinced by Captain+Centropyge · · Score: 1

      Ever stop and think that maybe another customer at the bar picked it up? It's an iPhone. I'm sure he could've sold a current-gen iPhone for a nice chunk of change to someone, let alone the next-gen iPhone prototype. Or maybe he wanted to return it to the owner until he realized what he had.

      --
      Bite my shiny metal ass!
    39. Re:Still not convinced by Anonymous Coward · · Score: 0

      I would've thought since its a phone, the first thing he might do is phone it? Whereupon I could answer and arrange a meeting to return it.

      I also would've thought that there's every chance the barman at said bar could just decide to keep it for himself and the only person who's intentions I can be sure of, is myself. But then I have been told I'm a deeply cynical person on more than one occasion, so maybe it's just me that thinks like that. Though I doubt that.

    40. Re:Still not convinced by VTI9600 · · Score: 1

      No way was this a marketing ploy. Now that people know that the iPhone4 is just around the corner, the news will have a seriously negative impact on sales of the current 3GS model. This leak will probably end up costing them millions of dollars.

      Apple is a huge and famous company that doesn't need to resort to silly dotcom-esqe shennanigans to generate publicity. The reason you see news about it being locked down, etc. is because you read sites like slashdot. Try reading MacWorld or any of the other hundreds (thousands?) of Apple/Mac news sites out there and see what gets reported.

    41. Re:Still not convinced by osu-neko · · Score: 1

      He told the guy to ship it to him and he would refund his money... he got the phone, and a angry call about not getting any money back..

      Haha! Brilliant!

      --
      "Convictions are more dangerous enemies of truth than lies."
    42. Re:Still not convinced by osu-neko · · Score: 1

      I would expect that a sensitive field prototype would be required to have a 1 minute passcode lock and automatic total device wipe (including firmware) after a very small number of failed passcode entries.

      Relying on remote wipe seems silly, since any serious industrial spy would put it in an RF-proof jacket ASAP and only examine it in a room sealed from outside RF to prevent remote wipe.

      You read too many spy novels.

      Any serious industrial spy wouldn't bother wasting time and resources on a product that's going to be publicly revealed in a matter of weeks or months at most in any case. You don't invest in that kind of equipment and expense for so little payoff...

      Apple would be overjoyed to know competitors are wasting money like that instead of spending it on something that might actually help them in the marketplace.

      --
      "Convictions are more dangerous enemies of truth than lies."
    43. Re:Still not convinced by osu-neko · · Score: 1

      Note we're talking about the 2010 iPhone, not the 2011 or the like. Not only is Apple not going to be *that* terribly put out if details get out at this point (they're going to be publicly announced soon anyhow), but it's highly unlike the firmware in this prototype differs in any way from the end product. We're basically talking about a "release candidate" iPhone here. It would defeat the whole point of having people go out and use them if the hardware/firmware differs from the exact same thing they're intending to give customers. The engineer ought to have a choice to enable that feature unless you're suggesting Apple plans on making it mandatory for all customers...

      --
      "Convictions are more dangerous enemies of truth than lies."
    44. Re:Still not convinced by SoupGuru · · Score: 1

      That is also a very good point. I would certainly be calling my phone if it was lost.

      --
      What doesn't kill you only delays the inevitable
    45. Re:Still not convinced by raynet · · Score: 1

      It is actually just a ploy to destroy Gizmodo. Apple told the engineer to leave the prototype in the bar in hopes for someone to "steal" it and deliver it to the hands of their nemesis.

      --
      - Raynet --> .
    46. Re:Still not convinced by Anonymous Coward · · Score: 0

      I agree. I find it very to believe a communications device with a GPS, accelerometer, microphone and camera could not be located within 5 minutes of knowing it is lost.

    47. Re:Still not convinced by Corngood · · Score: 1

      This whole thing is so shady. I'm guessing: Apple makes up bullshit story and sells a disabled iPhone to gizmodo for $5k... internet explodes.

    48. Re:Still not convinced by mjwx · · Score: 1

      I'm still not convinced that this isn't a marketing ploy.

      Given Apple's modus operandi I think you've got to be pretty naive to not believe that the whole thing was orchestrated to get Apple back in the media. It's like the Current Affairs programs making outlandish and deliberately inflammatory stories.

      Yesterday an infamous Australian criminal (Carl Williams) was beaten to death in prison. Channel 9 news had a short RIP message for Williams in the titles, this was entirely to get people talking about Channel 9 (yes I'm aware of the irony here). Apple is doing the same thing, making up news in order to get a lot of free publicity (/. you're not helping). I have no doubt that Gawker (Gizmodo) and Apple are in cahoots, Gizmodo are far too dedicated as Apple fanboys to risk upsetting Apple by defying orders.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    49. Re:Still not convinced by Kalriath · · Score: 1

      the unannounced OS 4.0 on it was very sensitive.

      No it isn't, it's buggy as hell, with half the features missing. Also, "Find My iPhone" doesn't work on it.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    50. Re:Still not convinced by duhjim · · Score: 1

      If he sold it back to the guy who lost it, would that be a crime?

    51. Re:Still not convinced by jo_ham · · Score: 1

      And you trust Gizmodo to tell the truth... the same Gizmodo who just outed the guy's name in the pursuit of advertising hits. Right.

  5. That ... by ZanySpyDude · · Score: 1

    poor bastard.

  6. Not Quite by imjustmatthew · · Score: 5, Informative

    The summary is kind of slanted. Apple already knew who had lost the phone - they knew from the day after when they wiped it - Gizmodo just made that name public and did so in a fairly classy way. As a lot of comments on Gizmodo have pointed out, the public naming of the engineer isn't going to do anything more to hurt him, and could protect him a little from Steve Jobs firing him.

    1. Re:Not Quite by rjamestaylor · · Score: 1

      My thoughts exactly.

      Still, it would be quite embarrassing to be publicly named so that others besides Apple knew who was to blame for the mistake.

      --
      -- @rjamestaylor on Ello
    2. Re:Not Quite by anyaristow · · Score: 1

      Users can wipe their own phones remotely. Apple wouldn't need to know until he reported a missing prototype. And looky here...Gizmodo has it.

    3. Re:Not Quite by MooseMuffin · · Score: 5, Interesting

      I don't think the point was that publicly naming him would get him fired. The point was it would make it harder for him to land his next job.

    4. Re:Not Quite by am+2k · · Score: 1

      It doesn't help him to get a job somewhere else, though.

    5. Re:Not Quite by QuantumRiff · · Score: 1

      Not to mention, someday, he's going to apply for a new job.. And he might just be allowed to say "R&D at Apple".. But some HR person is going to google his name, and say "Holy Crap, this guy worked on the iPhone for Apple, he must really know his stuff!"

      --

      What are we going to do tonight Brain?
    6. Re:Not Quite by Anonymous Coward · · Score: 0

      The summary is kind of slanted. Apple already knew who had lost the phone - they knew from the day after when they wiped it - Gizmodo just made that name public and did so in a fairly classy way. As a lot of comments on Gizmodo have pointed out, the public naming of the engineer isn't going to do anything more to hurt him, and could protect him a little from Steve Jobs firing him.

      I don't think that the issue is whether he keeps his job or not and it's a fair bet that he won't given Apple's obsession with secrecy (Mind you, personally, I would take this as a warning to tighten the usage and access restriction on prototypes and rather than fire the guy). The question being asked is whether publicizing his name serves any useful purpose since it is going to make it pretty hard for him to find work after he loses his job a Apple. He probably just went into that bar for a drink and forgot his phone but when the media is done with him hell be the guy who singlehandedly torpedoed the iPhone launch after getting drunk out of his scull in a bar and losing a top secret iPhone prototype. The only thing naming the guy is going to achieve is to ensure his name gets dragged through the mud and any perspective future employer who runs his name through a search engine is going to get a pretty badly distorted version of what actually happened.

    7. Re:Not Quite by TrailerTrash · · Score: 1

      Now if Apple retaliates, there could easily be a public backlash for hurting "the little guy". His career at Apple is over, though, at best he'll be filing papers all day.

      But, 6 months from now, no one will have a clue who this guy is when they read his resume. And seeing how he was a baseband engineer who worked on the iPhone, the most successful mobile product in many years. there could easily be a number of tech companies who will hire him to work on their phones.

    8. Re:Not Quite by PriceIke · · Score: 1

      > But, 6 months from now, no one will have a clue who this guy is

      You really have no idea how the internet works, do you?

      --
      It's not a lie. It's the truth with lossy compression.
    9. Re:Not Quite by Anonymous Coward · · Score: 0

      What does your Red/White/Black icon signify?

    10. Re:Not Quite by NatasRevol · · Score: 1

      That's hysterical because it's true. An HR person wouldn't see that he breached security protocol and lost a device. They would see he worked on the new shiny!

      --
      There are two types of people in the world: Those who crave closure
    11. Re:Not Quite by Anonymous Coward · · Score: 0

      Gizmodo did him a favor.

      All publicity is good publicity. He has a decent shot at leveraging his infamy now. He can hit the road promoting an Android device or something. "Remember me? I'm the guy who blew it on the iPhone 4 prototype. That's why I work for X Android company, because I'd rather not work for the Bay Area gestapo anyway. Blah blah blah."

      And anyway, everybody makes mistakes. It's not like he'll never get a job again. Just keep him away from your prototypes!

    12. Re:Not Quite by rjamestaylor · · Score: 1

      It's my company's logo - I work for Rackspace Hosting.

      --
      -- @rjamestaylor on Ello
    13. Re:Not Quite by Anonymous Coward · · Score: 0

      Fairly classy? By playing up the story about having too much to drink? By showing photos of him, drink in hand? By featuring his name not just in the article, but as part of subsequent posting headlines? The entire style actually rings of "Ha, Ha! You lost an important phone and probably your job! Sucker! Ha, ha!" I hardly call that classy.

    14. Re:Not Quite by adolf · · Score: 1

      You work for Rackspace Hosting, and you use Gmail?

    15. Re:Not Quite by Anonymous Coward · · Score: 0

      It's my company's logo - I work for Rackspace Hosting.

      So it's an advert?

      *ahhhhhhhhhhhhhh, plonk*

    16. Re:Not Quite by rhizome · · Score: 1

      He can hit the road promoting an Android device or something. "Remember me? I'm the guy who blew it on the iPhone 4 prototype. That's why I work for X Android company, because I'd rather not work for the Bay Area gestapo anyway.

      Yeah, that'll happen. In fact, I can remember it happening so many times before that I can't imagine this guy doesn't have a ton of "X Android" companies lining up in his inbox with baited breath. So predictable, so hackneyed, so cliched. It's just like that other guy, uh...what was his name...

      --
      When I was a kid, we only had one Darth.
    17. Re:Not Quite by klokop · · Score: 1

      What's that picture next to your name: http://imgur.com/e2B7z.png

      --
      Passing silhouettes of strange illuminated mannequins
    18. Re:Not Quite by rjamestaylor · · Score: 1

      :) Keep your friends close and your enemies closer. :)

      Kidding!

      I use GMail for a lot of my personal (i.e., non-essential) accounts. I still use Hotmail, AOL mail and Yahoo Mail for other things, too. Of course, my business mail is running at Rackspace.

      --
      -- @rjamestaylor on Ello
    19. Re:Not Quite by Anonymous Coward · · Score: 0

      Eh, who knows. Would you rather hire an employee who learned his lesson the hard way - at somebody else's expense - or one who has yet to learn it - possibly on your expense?

    20. Re:Not Quite by Anonymous Coward · · Score: 0

      How are you able to get it to show up?

    21. Re:Not Quite by Lumpy · · Score: 1

      R people dont put effort into things like that. HR barely verifies education.

      --
      Do not look at laser with remaining good eye.
    22. Re:Not Quite by rjamestaylor · · Score: 4, Informative

      Not an advert (we do run ads on Slashdot, of course) but a badge indicating I'm one of a few Rackspace employees here on Slashdot and willing to be helpful if someone has questions, etc. If you check my bio you'll notice I'm a Linux Sr Sys Engineer, not sales (though "There's nothing wrong with that" if someone is in sales :) ).

      I do the same thing for Rackspace elsewhere. We're able to do this due to our relationship with Slashdot.

      --
      -- @rjamestaylor on Ello
    23. Re:Not Quite by hibernia · · Score: 1

      At the least, it lets a future employer know that if he takes a prototype out of the office, he should have it handcuffed to him.

    24. Re:Not Quite by AndrewNeo · · Score: 1

      I'll give it six more days, at best, if nothing else happens.

    25. Re:Not Quite by Anonymous Coward · · Score: 0

      There's no way in hell that guy's getting fired. Engineers aren't exactly a dime a dozen, let alone someone entrenched enough in a company to be given that phone to test.

      He lost it. OH MY GOD, IT'S ALMOST AS IF HE'S HUMAN! Mistakes happen... you don't instantaneously fire your frickin' ENGINEERS for a single mistake! He might get chewed out, his coworkers will make fun of him for a bit, but the worst case scenario is that when the next demo unit comes out, he might get passed over for testing it. After that I'm sure he'll be back up to par, because he's a friggin' engineer!

    26. Re:Not Quite by TrailerTrash · · Score: 1

      Actually, I've heard it's a series of tubes built by Al Gore. That about encapsulates it, yes?

      The media has an attention span of a ferret on crack. In popular culture this guy will fade to obscurity in a week.

      Will this incident turn up in a Google search in a year or two when an employer look at his resume? Sure. But if you're a manufacturer or designer and want engineers who have worked on successful products and know what they're talking about, there's a good chance this guy will do well. Perhaps they just won't loan him prototypes. But good tech skills combined with experience are hard to find. If he has the skills, he'll be a valuable commodity.

      You really have no idea how hiring works, do you?

    27. Re:Not Quite by Anonymous Coward · · Score: 0

      Agree with MooseMuffin. Outing him could really hurt is potential for many years. It wasn't necessary by Gizmodo. They are seeing tons of traffic from this, and they don't want it to die off.

    28. Re:Not Quite by Anonymous Coward · · Score: 0

      Sorry buddy, but that relationship is commercial. Therefore any announcements of that relationship is an advert. And any adverts get entered into adblock, the web's killfile.

      This is where some blogger, who is gutted they get 72 cents a month from their doubleclick banners when they were hoping to retire, calls me a thief or something else ridiculous.

    29. Re:Not Quite by Anonymous Coward · · Score: 0

      wow, talking about Apple's free advertising ploy...

    30. Re:Not Quite by pacergh · · Score: 1

      This is B.S. It's not going to hurt him? Sure, it doesn't hurt him to put his name out there as losing a prototype product. Sure, it doesn't hurt him to be the object of national, if not worldwide, ridicule for losing a phone. Sure, it doesn't hurt him to have his pictures posted on a well-distributed article.

      How would you feel in this guy's place? I sure wouldn't want to be there.

      Defending this type of unethical, unthinking, and unfeeling journalism only encourages it. There was no need to out him. No need. It was a classless move, not a classy one.

    31. Re:Not Quite by rjamestaylor · · Score: 1

      Maybe I wasn't clear - it didn't expose the contractor to Apple, but to others outside Apple. I didn't like that, either.

      --
      -- @rjamestaylor on Ello
    32. Re:Not Quite by Dahamma · · Score: 1

      Classy? They posted information that they came across by accessing applications and photos on his personal property. What kind of douchebag takes a phone home from a bar after knowing exactly who left it (and starts "playing with it" in the first place)? And then rips apart the casing! How is that classy!?

      Sure, Apple knew, but they would have kept it private. Now he is publicly shamed as well. Have a fun time getting the next job!

    33. Re:Not Quite by pacergh · · Score: 1

      Fair enough.

      I think the general consensus is that this guy is in trouble with Apple no matter what.

      The problem is, what happens a year or more down the line? Gizmodo was insensitive about this, to put it most politely.

      The news and scoop is fantastic. The presentation, unfortunately, is something out of a high school newspaper.

      Sadly, this only distracts from everything.

      In the end, I think Gizmodo will win out -- even if they get hit and lose a significant lawsuit. Ad revenue may cover it.

      Still, I'll avoid Gizmodo if I can. I always viewed it was a bit questionable, just in over all quality of the article. Now I know it's published by Gawker, which only worries me more.

    34. Re:Not Quite by PriceIke · · Score: 1

      If you think the internet is going to just "forget" who this guy is, and that it won't have any impact on future potential employers of his, you're wrong. Sorry.

      The media's attention span is not the point. Popular culture is not the point.

      The point is that his name is now enshrined in the internet for the foreseeable future. The internet does not forget things, or notorious people. No matter how short a season their fame lasted. This has become an invisible, but permanent, attachment stapled to every job application and cover letter he ever submits again in this field. Will some employers choose to overlook this transgression? Hopefully, for him. But the assertion that he will quietly slip back into safe cozy anonymity, where the internet is concerned, is simply ignorant.

      --
      It's not a lie. It's the truth with lossy compression.
    35. Re:Not Quite by abigsmurf · · Score: 1

      Sorry, that's a poor argument that Gizmodo are using to justify unethical reporting. If he hadn't been fired by the time the story had broke. He wasn't going to be fired.

      How were Gizmodo in anyway classy about this? "LOL this guy got drunk on German beer and lost an incredibly valuable prototype!!! Look at his facebook!!!"

      The guy probably got chewed out by his boss, got a written warning and now, a few days later he has to deal with this intense public humiliation.

      When he does get a job in the future, a search for his name will reveal this story to potential employers. Unless someone with the same name does something more noteworthy, this story will haunt him for life.

      It's a fundamental aspect of ethical reporting. You do not identify low level employees who made high profile mistakes. It adds nothing to the story whilst at the same time potentially ruins that person's life.

    36. Re:Not Quite by Tintivilus · · Score: 3, Insightful

      Sorry buddy, but that relationship is commercial. Therefore any announcements of that relationship is an advert.

      Wow. Here in the land of normal people, we *welcome* the announcement of these commercial relationships. It's called "full disclosure". Would you rather *not* know who a commentator is taking money from?

    37. Re:Not Quite by mjwx · · Score: 1

      Wow. Here in the land of normal people, we *welcome* the announcement of these commercial relationships. It's called "full disclosure". Would you rather *not* know who a commentator is taking money from?

      I once rang the CEO Geeknet.inc to suggest that all Apple and Microsoft Shills on /. receive small "A" and "M" tags on the profile like Slashdot and Rackspace staff but the only responses I got were "Who are you", "How did you get this number" and "Never call here again".

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    38. Re:Not Quite by jo_ham · · Score: 1

      Bullshit they did it for his benefit - they did it for *their* bottom line - it was purely to generate page hits (and thus, advertising dollars).

      There was no altruism in this *at all*.

    39. Re:Not Quite by Zebedeu · · Score: 1

      You probably don't have any control over this, but it'd make it easier to know what the icon means if there were a mouseover text tag explaining that.

      It was the first thing I tried (sorry, I didn't recognise immediately Rackspace's logo, and even if I did, I wouldn't have gotten the meaning of it).

      Anyway, kudos for the transparency.

  7. He'd Be In Trouble Anyway by longacre · · Score: 5, Insightful

    Apple obviously knows who has these prototypes, and they knew this one was lost because they remotely shut it down.

    1. Re:He'd Be In Trouble Anyway by swb · · Score: 1

      No kidding. You don't think that after this made the news, Apple wouldn't go "OK, I need everyone with a field prototype to show up in conference room F at 2 PM today. No exceptions, this takes precedence over anything else unless I have Steve's written approval otherwise."

      And then the guy shows up with no iPhone...

    2. Re:He'd Be In Trouble Anyway by clone53421 · · Score: 2, Interesting

      Correct. Furthermore his career was already done for. Does anyone really think that just because his name wasn’t made public he’d be able to get fired by Apple and go on to work at another tech company without them learning of his involvement in this little fiasco?

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    3. Re:He'd Be In Trouble Anyway by natehoy · · Score: 1

      ... and then gets a huge bonus and possible promotion because his "mistake" (assuming it wasn't all an Apple marketing trick to start with) got Apple yet more face time in the press, and helped feed the fanboi frenzy for the newest 4G "ooohhh shiny".

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    4. Re:He'd Be In Trouble Anyway by neoform · · Score: 1

      Shame they don't have a remote detonate command for their prototypes..

      --
      MABASPLOOM!
    5. Re:He'd Be In Trouble Anyway by kithrup · · Score: 1

      Anyone can remote-wipe their iPhone using the "Find My iPone" page. The fact that it was remote-wiped doesn't mean Apple knew about it.

      (It also doesn't mean they didn't know about it. I'm just saying, there's no real evidence here either way, at least not at this point.)

    6. Re:He'd Be In Trouble Anyway by Kagato · · Score: 3, Insightful

      Sure, Jobs is infamous for firing people who look at him cross-eyed. Given the small team size and secrecy for these kinds of projects he wasn't going to be a household name. The privacy would afford him the opportunity to position his exit from Apple on his own terms. Now when a recruiter types in his name on Google the first thing that will come up the article about him losing the phone.

    7. Re:He'd Be In Trouble Anyway by Anonymous Coward · · Score: 1, Interesting

      actually they did that yesterday oddly enough. except it was 5pm not 2pm, and obviously not one conference room. but they did drag everyone in even if they werent working on campus that day.

    8. Re:He'd Be In Trouble Anyway by quadelirus · · Score: 1

      Apple knows that it was remote-wiped. Apple owns Mobile Me. Apple knows which engineers have prototypes and what their mobile me account names are and which device serials are tied to which mobile me accounts. Seems like a very quick database call to find out who remote wiped a prototype.

    9. Re:He'd Be In Trouble Anyway by clone53421 · · Score: 1

      Just a hunch, but I’m pretty confident that the instant a prototype phone is remote-wiped by the guy who was supposed to have it, alarms go off all through the Apple headquarters.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    10. Re:He'd Be In Trouble Anyway by nobodyman · · Score: 1

      That's not the point. Obviously Apple knew. The point is that now everybody knows. He already had enough problems before Giz tarred-and-feathered the guy.

    11. Re:He'd Be In Trouble Anyway by LinuxIsGarbage · · Score: 1

      I was killed the night it was lost, not after the story broke.

  8. Counter-productive by Anonymous Coward · · Score: 0

    Because they exposed the guy who lost it, this will pretty much ensure that anybody carrying a prototype will never, ever let it out of their sight, meaning they'll probably never get their hands on a prototype like this again. The smart thing to do would have been to quietly encourage temporarily "losing" these prototypes behind the scenes by some means.

  9. Yeah, right by bcmm · · Score: 2, Funny

    I don't think anyone here thinks he's in any trouble.

    --
    # cat /dev/mem | strings | grep -i llama
    Damn, my RAM is full of llamas.
  10. How many more Apple Marketing Announcements today? by sammyF70 · · Score: 1

    as in : WHO CARES?

    --
    "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
  11. not too bad by StripedCow · · Score: 1

    Most developers are tweakers by heart anyway, and should not work at a company which produces closed, locked down products.

    --
    If Pandora's box is destined to be opened, *I* want to be the one to open it.
    1. Re:not too bad by Anonymous Coward · · Score: 1, Interesting

      You are so right. He should work at a Starbucks or Pizza Hut and do his engineering work as a hobby so that he can give it away to the world.

    2. Re:not too bad by Wyatt+Earp · · Score: 3, Insightful

      So developers shouldn't work at BWM, Daimler, any defense contractor in the world, iPhone/iPad/iPod, Phillips, Siemens or any biomedical developer in the world?

      The list of companies that make "closed, locked down products" is vast and in comparison, Apple is pretty open with the iPad/iPhone, else the jailbreak people wouldn't have been doing it since launch.

    3. Re:not too bad by PhilHibbs · · Score: 1

      Most developers like money as well.

    4. Re:not too bad by Anonymous Coward · · Score: 0

      ...unless they make good $.

    5. Re:not too bad by Wovel · · Score: 1

      Don't forget Sony, Nintendo and Microsoft. Wow developers should not work anywhere that makes software that people use!

    6. Re:not too bad by Wyatt+Earp · · Score: 1

      Only at places with open software and hardware. Are developers allowed to work at places with patents? Or use vi?

    7. Re:not too bad by beakerMeep · · Score: 1
      I'm totally with you until

      Apple is pretty open with the iPad/iPhone

      wat

      --
      meep
  12. They did it to sound legit. by Mekkah · · Score: 1

    By providing the name, and validating his employment they gain further evidence that it is the next gen iPhone. They could've just said they checked it and it would've basically had the same result without public humiliation. This is a pretty bad oversight and I'm surprised it hasn't been removed already.

    --
    ~Mekkah
  13. False by anyaristow · · Score: 1

    You don't think having to tell Apple he lost a prototype and having the thing show up on Gizmodo had already outed him?

    1. Re:False by Altus · · Score: 1

      not to everyone else in the industry.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    2. Re:False by Anonymous Coward · · Score: 0

      The point isn't what Apple will do now he's been outed -- as you say, they already knew who it was -- it's what it does to his employment prospects elsewhere after he gets fired from Apple now that everyone knows his name (and even for those who don't know already, it's common practice these days to google someone prior to employing them).

    3. Re:False by clone53421 · · Score: 1

      I’m pretty sure his next potential employer would have found out about this anyway. Getting fired by Apple isn’t something that you easily hide.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    4. Re:False by wjousts · · Score: 1

      The reason for a termination isn't likely to be explicitly disclosed by Apple. To do that they would risk lawsuits. So yes, you'd see that they worked for Apple and now they don't. If you call Apple they might say they fired him (they may just say his employment was terminated and leave it at that), but they are unlikely to elaborate more than that for fear of being sued.

    5. Re:False by Anonymous Coward · · Score: 0

      Apple (or any other business) is not obliged to divulge specifically why an employee was fired for, just that they got fired. The guy's next employer would probably have never found out why he was canned.

      Thanks to the scumbags at Gizmodo, it doesn't even matter if he gets fired from Apple or not, anyone checking his name out online will know what he did.

    6. Re:False by natehoy · · Score: 1

      I sincerely doubt he's going to be fired, or even penalized. So he lost a prototype, honestly, who cares? It got remote-wiped, which means he obviously reported it to Apple immediately like a good workerdrone. Losing a phone, even a prototype, is not a terminal offense at any company I've ever worked for. Hell, I've known people who have lost $5,000 LAPTOPS and all they get is a "tsk-tsk" and stuck with a crappy old laptop for a while until a replacement could be ordered. The hardware is almost completely insignificant, it's the data on it that counts.

      My current company encourages us to report lost or stolen Blackberries or laptops immediately so they can be remote-nuked. There is no penalty for losing one or even damaging one, and there is no career implication, as long as you report it immediately. As my boss once put it, "I'd rather pay to replace 10 Blackberries and call you 'Mr. Butterfingers' than find out that one of them ended up in the hands of a competitor while unlocked because you were afraid to tell me about it."

      Honestly, if anyone was considering hiring this guy and hesitated over this, they have no business making hiring decisions. Stuff gets lost, and what is important is how the employee reacts. The fact that the device had a remote-wipe code pending by the time Gizmodo got ahold of it tells me that the employee reported the loss, and therefore reacted appropriately to an honest mistake. He probably lost his place on top of the list to get the 5G prototype when it comes out, but I'm sure he'll remain gainfully employed and I sincerely doubt this will affect any future job prospects.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    7. Re:False by turbotroll · · Score: 1

      Thanks to the scumbags at Gizmodo, it doesn't even matter if he gets fired from Apple or not, anyone checking his name out online will know what he did.

      Am I the only one with the impression that whole Gawker Media, not only Gizmodo, are a bunch of cunts?

    8. Re:False by quadelirus · · Score: 1

      References allow your previous employer to tell your prospective one whether or not you were a good employee. I doubt you would get a great recommendation from Apple even if they were light on the details if you lost a prototype. And a bad review from Apple is probably akin to un-employable.

    9. Re:False by clone53421 · · Score: 1

      There are ways to describe what happened in clear enough terms that you can read between the lines but still without getting them sued. Even if you don’t end up knowing he lost one of their prototype phones, you still know you won’t hire him.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    10. Re:False by wjousts · · Score: 1

      I don't know what Apple's HR policy is, but a lot of companies now days (including where I work) will do nothing other than confirm employment dates, job titles and (maybe) salary. Anything else (good or bad) isn't worth the risk, legally.

    11. Re:False by quadelirus · · Score: 1

      Ah, didn't know that. I stand corrected.

    12. Re:False by antdah · · Score: 1

      You clearly don't work for a company who's primary purpose is developing new hardware. Nor have you realised that Apple is above all a hardware manufacturer. What's on the device is certainly important, but the hardware is the product.

  14. Was that really necessary? by Anita+Coney · · Score: 1

    Apple either already knows who it is or would have known shortly anyway. It's not like Apple isn't keeping track of who has its prototypes.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  15. Profit Motives by tsj5j · · Score: 4, Insightful

    I think the site has done a good job on the analysis.
    Gizmodo was a greedy site who wanted more hits, the author's an asshole who just wanted to cause more trouble for that guy for kicks.

    Sure, he lost a prototype, but does he deserve his career ruined at other firms too? Definitely not.
    Especially problematic in the tech industry where employers are sure to run a Google search on prospective employees.

    1. Re:Profit Motives by wjousts · · Score: 1

      I stopped reading Gizmodo a long time ago. Bunch of Apple fanboy assholes. Try criticizing Apple in their comments and see how quickly you get banned.

    2. Re:Profit Motives by 0x537461746943 · · Score: 1

      Or maybe another competitor might take him in since his name was published. It would be a bad idea for them to fire him :). I am willing to bet he will be better off in the long run with his name published.

    3. Re:Profit Motives by Anonymous Coward · · Score: 0

      Would you seriously not hire someone for losing a cellphone in a bar? I have done this plenty of times, and most others have too. Granted, its not a sensitive prototype, but still.. I mean who really gives a crap? The guy made a mistake, and for any company not run by Jobs, this really wouldn't be a big deal. Its a prototype- it will probably be announced this June, and its most likely going to be an evolutionary product, not revolutionary. Big Farking Deal. I don't have a PHD in marketing, but I just don't see what the big deal is.

      If it comes out that the guy was wasted and boasting about his uber cool phone to others, then left it there in a stupor, that is a slightly different story, but if he is good (and since he was blessed w/ a prototype I would imagine he is) I would consider him.

    4. Re:Profit Motives by E+IS+mC(Square) · · Score: 0, Troll

      Second that. I have not visited them since after iphone hysteria - one anti-apple comment, and I was banned. Fuck them.

    5. Re:Profit Motives by pipedwho · · Score: 1

      Whereas on Slashdot you get modded +5, Insightful.

    6. Re:Profit Motives by Narcogen · · Score: 1

      I think the site has done a good job on the analysis.
      Gizmodo was a greedy site who wanted more hits, the author's an asshole who just wanted to cause more trouble for that guy for kicks.

      Sure, he lost a prototype, but does he deserve his career ruined at other firms too? Definitely not.
      Especially problematic in the tech industry where employers are sure to run a Google search on prospective employees.

      If he doesn't deserve that, it won't happen.

      If potential employers consider that relevant, and are willing to take that action, on what basis can you allege it is undeserved?

      Why is a tech blog expected to be understanding of the fact that a guy needs a job even if he does lose an expensive prototype telephone if the company that gave it to him isn't, and other companies that do similar work aren't? Why is the website's profit motive less sacrosanct than that of Apple or other prospective employers for this guy?

    7. Re:Profit Motives by E+IS+mC(Square) · · Score: 1

      Wow. Some apple fanboi definitely is spending up all the mod points in serial-killing my posts! WIN!!

  16. Blog Overload. by swanzilla · · Score: 1

    Blog post, about a blog post, about a blog post.

    Somebody get Xhibit on the phone.

    1. Re:Blog Overload. by gzipped_tar · · Score: 1

      At least you can still traverse that path.

      Wake him up when /. posts a blogging equivalent of a circular dependency hell.

      --
      Colorless green Cthulhu waits dreaming furiously.
  17. Geez by Kc_spot · · Score: 1

    Man this seem to happen daily... don't you hate it when it happens to you?

    --
    This needs more cowbell!!!
  18. Shame on Gizmodo. by RyuuzakiTetsuya · · Score: 5, Insightful

    I don't care if it's an iPhone, a new version of the Nexus One, a new USB enabled stapler or what have you, this is really really scummy of Gizmodo and I hope they burn in hell.

    --
    Non impediti ratione cogitationus.
    1. Re:Shame on Gizmodo. by Shugart · · Score: 1

      They will! We all will!

      --
      History is so yesterday!
    2. Re:Shame on Gizmodo. by Bigjeff5 · · Score: 4, Insightful

      It actually probably protects him quite a bit, assuming this wasn't a marketing ploy to begin with.

      Think about it, they know which phone it was because they wiped it the day after it was lost. More than likely the employee himself reported it missing (again, assuming it wasn't a marketing ploy) in order to protect what little chance he had to keep his job. Obviously they've known since day one who lost it, either way.

      By publicly outing the guy, he is going to have a lot of people who think he should keep his job in spite of the mistake. That's what they call "public pressure". Now Apple could harm their public image by firing the guy, or they could improve it by keeping him on. That's a lot more support than a nameless employee is going to get.

      You won't be able to tell if it is a marketing ploy, by the way, unless they fire the guy. If they fire him, it almost certainly is not a marketing ploy. If he keeps his job, it could have been a ploy all along, or it could just be Apple deciding it would be worth more than this guy's job for them to look merciful to their subjects... I mean employees.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    3. Re:Shame on Gizmodo. by pete-classic · · Score: 1

      <samjackson>Yes, they deserved to get slashdotted, and I hope they burn in hell!</samjackson>

      -Peter

    4. Re:Shame on Gizmodo. by natehoy · · Score: 1

      I suspect Gizmodo will end up with some form of penalty, or at least if the law applies as it should they will.

      The phone was taken without authorization and re-sold. That means that whomever at Gizmodo negotiated that deal was knowingly dealing in stolen property. I can't think of any circumstances where a phone left at a bar while the owner went to take a pee would be considered "abandoned property".

      If no penalty is forthcoming, it'll probably be because Apple either orchestrated the whole thing to start with (and netted 5 grand for a prototype, plus all the free publicity they could eat), or decided the publicity was worth the loss of an easily-replaceable prototype.

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    5. Re:Shame on Gizmodo. by Foolicious · · Score: 1

      a new USB enabled stapler

      Look, as I've told your people before, that design is mine. I spent many years of research and development on it and I would like it back ASAP.

      --
      Please don't use "umm" or "err" or "erm".
    6. Re:Shame on Gizmodo. by UnknowingFool · · Score: 2, Insightful

      Now Apple could harm their public image by firing the guy, or they could improve it by keeping him on. That's a lot more support than a nameless employee is going to get.

      The guy made a mistake. People get fired for mistakes. Apple is within their rights to fire the guy. Yes I feel badly for the guy to get fired for making a mistake and he may get a lot of sympathy. Apple may get some bad press but nothing they do is remotely immoral or illegal in any way. If anything it sends a message to other Apple employs: Don't screw up like this.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    7. Re:Shame on Gizmodo. by Algan · · Score: 1

      They won't be in legal trouble if they return the phone, which they said they would.
      Say you find an unreleased iphone prototype. It would be reasonable to assume it belongs to Apple, but until they contact you and claim it, you don't know for sure. The thing didn't have a sticker on it stating it is Apple's property. It might as well been a fake device. I am not a lawyer but I think they're in the clear. They could not know for sure it was Apple's and they did post a "hey, device found" sign. On their website, publicly. Granted I'm sure that Apple would have preferred to keep it under wraps, but Gizmodo is under no contractual obligation to keep any Apple info confidential. Once Apple made an official request to have the phone returned, they gave it back (and got verification of authenticity in the process).

      Bottom line is, i'm pretty sure they had a lawyer advise them through this whole deal.

      --
      If con is the opposite of pro, is Congress the opposite of progress?
    8. Re:Shame on Gizmodo. by Anonymous Coward · · Score: 0

      Unless the public thinks that ineptitude shouldn't be overlooked... which is my take on it. Perhaps this guy shouldn't be fired, but he should not get off without some punishment.

      But, I do think it is a marketing ploy, so it is moot.

    9. Re:Shame on Gizmodo. by Anonymous Coward · · Score: 0

      A USB enabled stapler you say? Where would I procure one of these devices?

    10. Re:Shame on Gizmodo. by Anonymous Coward · · Score: 0

      Steve Jobs is a flippant asshat whose reality distortion field knows no bounds; do you really think he gives a flying fuck what a relatively tiny percentage of nerds think about him firing some guy? Legions of Apple cultists would defend it and after a while everybody would forget about the whole thing and move on. I do feel bad for the guy, but if you're responsible for a secret prototype device you can't leave it in a fucking bar. I personally don't feel it is a fireable offense, but I don't know enough details to have a valid opinion on that.

    11. Re:Shame on Gizmodo. by pacergh · · Score: 1

      It actually probably protects him quite a bit, assuming this wasn't a marketing ploy to begin with.

      Think about it, they know which phone it was because they wiped it the day after it was lost. More than likely the employee himself reported it missing (again, assuming it wasn't a marketing ploy) in order to protect what little chance he had to keep his job. Obviously they've known since day one who lost it, either way.

      By publicly outing the guy, he is going to have a lot of people who think he should keep his job in spite of the mistake. That's what they call "public pressure". Now Apple could harm their public image by firing the guy, or they could improve it by keeping him on. That's a lot more support than a nameless employee is going to get.

      You won't be able to tell if it is a marketing ploy, by the way, unless they fire the guy. If they fire him, it almost certainly is not a marketing ploy. If he keeps his job, it could have been a ploy all along, or it could just be Apple deciding it would be worth more than this guy's job for them to look merciful to their subjects... I mean employees.

      Because Apple cares about harming their public image?

      Yeah right, this is a company that sued rumor blogs out of existence.

      More importantly, this will hurt this guy in the future. It is an invasion of his privacy, It was not necessary for the story. It was done in a childish and unethical manner.

      Gizmodo doesn't have journalists, it has children who don't know ethics. It's like a news version of script kiddies.

      Totally classles.

    12. Re:Shame on Gizmodo. by pacergh · · Score: 1

      They have so much civil liability because of how they outed this guy that I'm sure they didn't contact a lawyer. At least not prior to publication.

      In fact, I wouldn't be surprised if the wannabe-journalists aren't responding much to email because they're holed up with attorneys now trying to figure out how to mitigate the damages they might have levied against them.

    13. Re:Shame on Gizmodo. by tsj5j · · Score: 1

      The concern was never about the current job, which will either be shortlived or without any future prospects (this will look bad for promotions).
      The problem is all tech companies who Google their employees will know about this, and it kills any potential job opportunities for him in the industry.

    14. Re:Shame on Gizmodo. by mcgrew · · Score: 1

      Wecome to business in the 21st century, where it doesn't matter who you step on as long as your profit margins are there. Ferenganar 2.0.

    15. Re:Shame on Gizmodo. by Algan · · Score: 1

      Yeah, that's a different thing. The engineer can definitely sue the crap out of them. Posting the article about him was definitely a dumb-headed move.

      --
      If con is the opposite of pro, is Congress the opposite of progress?
    16. Re:Shame on Gizmodo. by Anonymous Coward · · Score: 0

      If apple doesn't fire him due to public pressure/sympathy for him, then it means that he will get passed over for other interesting things. Basically his career at apple if not over (ie: fired later for the tiniest indiscretion), it is severely hampered. It's in his own best interest now to start looking for work elsewhere, which is now even harder due Gizmodo's dick move. They didn't do him any favors, they just made themselves a bunch of money at this poor guys expense.

    17. Re:Shame on Gizmodo. by Anonymous Coward · · Score: 0

      Now Apple could harm their public image by firing the guy, or they could improve it by keeping him on. That's a lot more support than a nameless employee is going to get.

      Haha, you're kidding. You're assuming he stays at Apple for the rest of his career. That's a BAD bet.

      Of course, when he leaves to go elsewhere, his next employer WILL do a search on him. And this WILL turn up. And if there is ANY question about his liabilities, an employer WILL pass him by.

      Of course, this sucks for his career. Anyone that thinks otherwise has NEVER hired anyone within the last decade.

    18. Re:Shame on Gizmodo. by Bill_the_Engineer · · Score: 1

      It actually probably protects him quite a bit, assuming this wasn't a marketing ploy to begin with.

      Bullshit. He works for Apple not the mofia.

      Why defend the actions of a two-bit blogger site? First they turn into a national enquirer rag because they basically take advantage of someone who had one too many beers, and then they knowingly purchase the stolen property for $5K.

      Then they become worse then the National Enquirer because even the national enquirer wouldn't spill the beans about their sources.

      What a bunch of dicks.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    19. Re:Shame on Gizmodo. by Bill_the_Engineer · · Score: 1

      What a bunch of dicks.

      Gizmodo not the commenter.

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    20. Re:Shame on Gizmodo. by pipedwho · · Score: 1

      The wording on the original article indicates that Gizmodo knew the phone was a prototype and that it was most likely Apple's property. The problem is that they disassembled the device (which they knew to be someone else's 'secret' property as per their description) and risked releasing Trade Secrets.

      That might have been OK if the phone had been obtained legally. However, the fact that the phone was traded while knowingly being someone else's property isn't going to bode well for them. If something is misappropriated in whatever manner, the Trade Secrets that it contains are also deemed to be misappropriated.

      And I can pretty much guarantee that no scrupulous lawyer would put his arse on the line by saying that 'it would be legally acceptable' to do what they did. Of course, maybe their lawyer was distracted by the future income stream that will come from defending their 'dubious' position.

    21. Re:Shame on Gizmodo. by Anonymous Coward · · Score: 0

      On a daily basis Apple bends hundres of customers over the table and violates them with a rough end of a pinapple yet are still god's own company. What makes you think firing some lowly engineer who no one other than slashdot / gizmodo has heard of?

  19. usually after a few beers.... by inerlogic · · Score: 2, Funny

    i feel like taking leaks on apple products....

  20. Gizmodo are jerks. by Buelldozer · · Score: 1, Insightful

    Gizmodo are jerks and I will no longer go to their website. Outing this guy in the fashion that they chose is just reprehensible.

    1. Re:Gizmodo are jerks. by destroyer661 · · Score: 1

      I sent them an email letting them know that all things from Gawker were removed from my RSS. Surely I'm but a number lost in the slew of people who go there, but with the last few weeks/months of shitty articles, fanatical apple obsession and now this, I'm finished sending my packets that way.

      --
      #define true false // Have fun debugging!
  21. Apple probably already knew by nine-times · · Score: 2, Insightful

    I find it hard to believe that Apple would just hand these things out without keeping track of who had them. It probably didn't take too long to figure out whose phone was missing once the first photos were published.

    1. Re:Apple probably already knew by neoform · · Score: 1

      Therefore gizmodo was right in publishing his name, thereby making his life worse by making any future employer aware of his mistake? Nice.

      --
      MABASPLOOM!
    2. Re:Apple probably already knew by Estanislao+Mart�nez · · Score: 1

      I find it hard to believe that Apple would just hand these things out without keeping track of who had them. It probably didn't take too long to figure out whose phone was missing once the first photos were published.

      If the story is correct, the phone was lost a month ago, and wiped less than 24 hours after it was lost. So it seems like Apple knew the phone was lost because the guy who lost it reported it himself.

    3. Re:Apple probably already knew by Lumpy · · Score: 1

      No it's apple's way. In the main lobby there is a crane machine that allows you as an apple employee randomly pick any one of the prototypes and take it home without telling anyone... This new iPhone... everyone got one for easter.. Jobs was handing them out like candy 6 weeks ago, "Hey Lumpy! take 4 of these for your kids and family!... prototype iphones for everybody...."

      I love Steve, he rides through the office on his segway every day....

      You should see the 3rd gen iPad I got last week, they are Soooooo Cool!

      --
      Do not look at laser with remaining good eye.
    4. Re:Apple probably already knew by Anonymous Coward · · Score: 0

      They remote wiped it within hours of it being lost. They knew exactly who lost it; he probably reported it to them immediately and that may be why he gets to keep his job.

  22. Two Strikes... by loose+electron · · Score: 3, Interesting

    Double Bad Here -
    The engineer breaking company confidentiality was out of line. Getting fired will probably be the outcome.
    The "journalist" (such as it is here) revealed a confidential source. That said, they will never get anyone else to talk to them off the record.

    Both did the wrong thing.
    People on the outside of Apple don't like the "hush hush" way they do product development, but that's part of how Apple functions. If I was getting my paycheck there (and I am not, but friends of mine do!) I would keep that stuff internal as the company wants.

    "Loose lips sink ships" - Good thing its not a defense contract, and just a next generation piece of consumer electronic gadgetry.

    --
    www.effectiveelectrons.com "chips that work" Analog, RF, Mixed Signal
    1. Re:Two Strikes... by Chyeld · · Score: 3, Interesting

      The engineer didn't break confidentiality, he lost a prototype of a phone while out getting pissed on his birthday. That said no one talks to Gizmodo anyway, they are the ass end of tech blogs, about the only reason to go read them is if you are low on your daily kissup articles to Apple. The really amazing thing about this whole story is not that an Apple employee lost a prototype, it's that the tech blog that broke the story is the same one that spends most of it's time jizzing over Apple products to the point that you have to wonder if half the writers aren't working directly for Apple's marketing department.

    2. Re:Two Strikes... by russotto · · Score: 1

      According to the story, the engineer didn't deliberately break confidentiality. He just left the phone where he shouldn't have. Probably still going to get him fired (unless this was a deliberate leak), unless Jobs pulls a Louie de Palma and keeps him around just to abuse him.

    3. Re:Two Strikes... by clone53421 · · Score: 1

      The engineer didn’t break confidentiality: he lost the phone.

      Gizmodo didn’t reveal a confidential source: their confidential source was Some Random Dude who found the phone after Mr. Apple Engineer lost it.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    4. Re:Two Strikes... by kithrup · · Score: 1

      Triple-bad, I think -- the guy who "found" the phone and rather than leave it with the bar, decided to instead take it and sell it, is probably going to be the target of lawyers as well.

    5. Re:Two Strikes... by djdavetrouble · · Score: 1

      I dislike the HAHA HEY DUDE tone of blogs masquerading as news sites.
      Why should any of us be surprised, there are no ethics on these psuedo
      journalism sites.

      --
      music lover since 1969
    6. Re:Two Strikes... by gknoy · · Score: 1

      Gizmodo [is] the ass end of tech blogs

      Interesting, since that's generally the first place I go when I'm curious about what's going on in tech (and I haven't seen much new stuff on slashdot). What are the better blogs I should be going to instead?

    7. Re:Two Strikes... by Anonymous Coward · · Score: 0

      Bingo. I stopped reading Gizmodo after their TV-B-Gone fiasco at CES a year or two ago. It's stupid to expect professionalism from assclown blogsites like Gizmodo.

    8. Re:Two Strikes... by Chyeld · · Score: 2, Informative

      I spend most of my time reading http://www.engadget.com/ and http://arstechnica.com/ depending on whether I want 'gossip' news or 'newspaper' news. Engadget was created by the original founder of Gizmodo, so to me it's a fairly close match minus the over the top Apple slant.

      That isn't to say that they don't go pro-Apple sometimes, but it's far less "I love Apple and here are some of the reasons why you are an idiot if you don't" than Gizmodo's articles are.

    9. Re:Two Strikes... by TRRosen · · Score: 1

      Triple-bad, I think -- the guy who "found" the phone and rather than leave it with the bar, decided to instead take it and sell it, is probably going to be the target of lawyers as well.

      No there called Prosecutors

    10. Re:Two Strikes... by ThatsNotPudding · · Score: 1

      about the only reason to go read them is if you are low on your daily kissup articles to Apple

      No kidding. They do offer a news feed designated tag:not apple. It hovers about 70% effectivity, except on Holy Apple announcement days; then it drops to about 40%. This week I would bet somewhere around 5%. No doubt they're even posting Apple stories on Jalopnik this week.

    11. Re:Two Strikes... by radish · · Score: 1

      The "journalist" (such as it is here) revealed a confidential source

      No he didn't. Where is there any reference to the identity of the finder of the phone? He was gizmodo's source, not the idiot who lost it.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    12. Re:Two Strikes... by Fanglord · · Score: 1

      Agreed. Who was it from Gizmodo who was running around a CES in '08 shutting down displays *during people's presentations*? That's when I lost all respect for them.

      Outing a poor Apple employee who (stupidly, perhaps) left his prototype iPhone in the pub is pure douchebaggery. The poor schmuck is probably in enough trouble already within Apple, and doesn't need a public shaming on top of it.

    13. Re:Two Strikes... by AtomicOrange · · Score: 0

      There is no ethics in journalism. Period.

      Let's not kid ourselves here. It's all about sensationalism, it's all about the hype and the revenues it generates.

      It's a business, what do you expect?

      --
      "What is there a tank on the boat? WHY IS THERE A TANK ON THE BOAT?!?" L4D2
  23. Sources by ianare · · Score: 2, Insightful

    This is a phenomenally stupid move on gizmodo's part. They violated one of the most important rules in journalism : keep your sources safe. Let's see how many anonymous tips they'll get now.

    1. Re:Sources by pushing-robot · · Score: 1

      "Rules of Journalism"? "Really Necessary"? We are talking about the same Gizmodo, right?

      --
      How can I believe you when you tell me what I don't want to hear?
    2. Re:Sources by mrdoogee · · Score: 3, Interesting

      And that really is the crux of the matter. Blogs and websites like to claim that they are as legitimate as broadcast and, dare I say it, print journalism. However, there are real journalists who have done jail time for refusing to reveal names of sources to the government. You have to keep names off the record unless you are given consent by the party concerned. This guy was stupid for letting that device out of his hand, even for a second, but this may have unintended consequences for Gizmodo and its affiliates.

    3. Re:Sources by squiggleslash · · Score: 1

      Having actually read the article in question, it's fairly obvious "iPhone losing guy" is not their source. In addition to it not being part of the story, Apple also disabled the phone within hours of the loss, indicating iLG did, indeed, report the loss to Apple as soon as it was noticed.

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:Sources by Anonymous Coward · · Score: 0

      This is a phenomenally stupid move on gizmodo's part. They violated one of the most important rules in journalism : keep your sources safe. Let's see how many anonymous tips they'll get now.

      Well they aren't serious journalist or a real newspaper. They are only a BLOG.

      Are we all mistaking blogs for real journalism now?

    5. Re:Sources by wjousts · · Score: 1

      However, there are real journalists who have done jail time for refusing to reveal names of sources to the government.

      And add to that that nobody asked them to out the engineers name. They just did it for shits and giggles. Real journalists would protect their sources against threats from the government. Gizmodo outs their sources just for the fun of it. As several others have pointed out, no doubt Apple didn't need to ask Gizmodo who the phone belonged to.

      Dick move Gizmodo, dick move.

    6. Re:Sources by Anonymous Coward · · Score: 0

      Wow, what a bunch of toddlers. Ha ha, I screwed with their presentations! Obviously that means I win at life!

    7. Re:Sources by nedlohs · · Score: 1

      They didn't expose their source.

      They exposed the story.

      If your contact in the government leaks you some documents that reveal that John Smith in department X did something stupid, then naming John Smith is not leaking your source. It's the damn story.

    8. Re:Sources by Anonymous Coward · · Score: 0

      Wrong, the source is the guy/gall who offered the iphone to gizmodo, not the guy who lost it.

    9. Re:Sources by Anonymous Coward · · Score: 0

      Christ, you people are fucking stupid. They didn't out their source, they outed the guy who lost it. Someone else found it, tried to return it and was ignored, and subsequently sold it to Gizmodo. That's their source and they aren't saying who that is.

    10. Re:Sources by Anonymous Coward · · Score: 0

      They aren't journalists, they are bloggers. There's a huge difference. Some bloggers aspire to be journalists, and as such, follow journalistic guidelines, but most others are happy where they are and don't give a rip about proper journalism.

    11. Re:Sources by wjousts · · Score: 1

      No, the phone is the story. Outing the engineer who lost it is just being an asshole. If it was a government employee in department X, you might have a point, but it's not.

    12. Re:Sources by Anonymous Coward · · Score: 0

      From your links:
      - a Time magazine reporter avoided jail at the last minute by agreeing to cooperate with the government.

      - 2006, Josh Wolf, San Francisco, Calif. Freelance video blogger initially jailed for a month when he refused to turn over a video tape that federal officials said contained footage of protesters damaging a police car. Wolf was released on bail on Sept. 1, but an appeals court panel confirmed the contempt order against him and Wolf returned to jail. He was finally released on April 3, 2007.

    13. Re:Sources by radish · · Score: 1

      They did keep their source safe. Unless you know the name of their source, because I sure don't. I only know the name of a guy at Apple, who didn't give anything to Gizmodo.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    14. Re:Sources by nedlohs · · Score: 1

      Yes it's being an asshole, but that still doesn't make it revealing a source.

  24. if one, why not a dozen... by CAIMLAS · · Score: 3, Funny

    If you let one of these Apple engineers off the hook for their crimes against humanity, then you've got to make exception for them all. It's a slippery slope. First, Apple engineers today; tomorrow, lawyers and political figures. That's a social travesty we can not allow.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    1. Re:if one, why not a dozen... by Anonymous Coward · · Score: 0

      Really? That's what this boils down to? Crimes against humanity?! A social travesty?! Your government has spent almost 2 trillion dollars in the last year and a half, running up the tax tab for generations that aren't even born yet, but you're worried that Apple might actually let this guy keep his job? Do us all a favor and stay home with your iPad this November.

  25. Semantics, bah by new+death+barbie · · Score: 4, Insightful

    Okay, I find something, I know who it belongs to, and I choose to keep it, rather than return it.

    How is that not stealing?

    What if... the guy left the bar, so I took his phone. He got to his car, realized his mistake, and came back to get it, but it was gone? Did I 'find' it, or did I 'steal' it?

    What if the guy left it for a few minutes to take a leak, and I took it then?

    Sure, the engineer screwed up, but legal or not, it ain't right to keep the phone.

    --

    It's supposed to be completely automatic, but actually you have to press this button.

    1. Re:Semantics, bah by Bigjeff5 · · Score: 0, Flamebait

      How is that not stealing?

      Because they abandoned it. At the time, they obviously didn't want it. They might have even left it there for you, and are simply changing their mind later. Either way, it isn't stealing because you never took it from them. In fact, you took it from nobody.

      What if... the guy left the bar, so I took his phone. He got to his car, realized his mistake, and came back to get it, but it was gone? Did I 'find' it, or did I 'steal' it?

      You found it. The decent thing to do would be to just give it back, but it's not uncommon to ask for a finder's fee before returning it (though it is uncommon if someone lost it for such a short period of time).

      What if the guy left it for a few minutes to take a leak, and I took it then?

      Seriously, what kind of dumbass is this guy? You still found it, you didn't steal it.

      Sure, the engineer screwed up, but legal or not, it ain't right to keep the phone.

      "Right" is subjective, but I'd agree that giving it back is the decent thing to do. It still isn't theft.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    2. Re:Semantics, bah by EnsilZah · · Score: 1

      Also they payed the guy who found it and apparently disassembled it to look at the components.
      Sounds like something along the lines of corporate espionage to me.

      I guess we'll know whether or not it was an intentional leak by how vigorously Apple sues them.

    3. Re:Semantics, bah by IndustrialComplex · · Score: 5, Insightful

      Because they abandoned it. At the time, they obviously didn't want it. They might have even left it there for you, and are simply changing their mind later. Either way, it isn't stealing because you never took it from them. In fact, you took it from nobody.
      You found it. The decent thing to do would be to just give it back, but it's not uncommon to ask for a finder's fee before returning it (though it is uncommon if someone lost it for such a short period of time).
      Seriously, what kind of dumbass is this guy? You still found it, you didn't steal it.
      "Right" is subjective, but I'd agree that giving it back is the decent thing to do. It still isn't theft.

      You are so completely wrong I don't know where to begin. Are you basing your opinion on the case of Finders v. Keepers?

      First, it doesn't matter if it is unattended, it is not your property. You removed it from the place the owner placed it. That IS theft. There is leeway for the owners of an establishment to move the item to a lost and found area, but it certainly does not become their property it remains the property of the person who owned it and left it on the table/bar/etc. Depending on the jurisdiction, you can go through a process to dispose of the item (Sell it, trash it, keep it, turn it over to the state, etc) Most jurisdictions clearly define the process and what you are required to do.

      Is your justification based on the size of the item in question? That doesn't matter and doesn't alter the ownership of the item.

      If someone parked a porsche on the curb and left the keys on the front seat, do you think you wouldn't get charged with grand theft auto if you simple "moved it to get it out of the rain"?

      I can see you are trying to justify the theft here, but in the end Gizmodo IS in posession of stolen property.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    4. Re:Semantics, bah by voidptr · · Score: 5, Informative

      Sure, the engineer screwed up, but legal or not, it ain't right to keep the phone.

      "Right" is subjective, but I'd agree that giving it back is the decent thing to do. It still isn't theft.

      Actually, according to CA law, it is http://codes.lp.findlaw.com/cacode/PEN/3/1/13/5/s485 :

      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.

      --
      This .sig for unofficial government use only. Official use subject to $500 fine.
    5. Re:Semantics, bah by Sockatume · · Score: 1

      Given that the finder is the one who opened the phone's Facebook app and got the guy's name, that seems pretty cut-and-dry.

      --
      No kidding!!! What do you say at this point?
    6. Re:Semantics, bah by blurryrunner · · Score: 1
      According to TFA, they made several attempts to contact someone at Apple.

      He reached for a phone and called a lot of Apple numbers and tried to find someone who was at least willing to transfer his call to the right person, but no luck. No one took him seriously and all he got for his troubles was a ticket number.

      It was only weeks later, after receiving no word back from Apple, that he decided to sell it to Gizmodo. I think Apple will have a hard time proving he was malicious. Apple has finally claimed it and Gizmodo's giving it back.

      br/

    7. Re:Semantics, bah by Aladrin · · Score: 1

      Even if Apple never responded, it wasn't -his-. He should never have kept it. It should have been turned in to someone who could get it back to the owner.

      Most people choose to leave it at the bar and let the bartender handle it. Others choose the police station. For something this valuable, the police station was the better choice.

      It was never an option to keep and sell it.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    8. Re:Semantics, bah by geekoid · · Score: 1

      "o, without first making reasonable and just efforts"

      he did.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:Semantics, bah by geekoid · · Score: 1

      And he called, to try and find the guy, but no one cared.

      Yeah, I don't now what planet you are on, be here the name isn't a unique identifier.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    10. Re:Semantics, bah by Anonymous Coward · · Score: 0

      without first making reasonable and just efforts to find the owner and to restore the property to him

      Isn't this what happened?

    11. Re:Semantics, bah by Americano · · Score: 1

      And if you're unable to contact or find the owner, CA law also indicates that you are then to turn it in to the local police, who will make an attempt to contact the owner for a certain amount of time. IF, after that time, no owner has claimed the property, possession may be given to the person who found it and turned it in.

      It looks to me like the guy who "found" it (note that Gizmodo says, "We didn't know it was stolen when we bought it!") made a half-hearted attempt to contact apple, despite having the engineer's facebook page & name, and then decided, "Well fuck it, I might as well make some cash for myself."

      At BEST (assuming they really didn't believe it was stolen), It's scummy journnalistic practice by Gizmodo and unethical behavior on the part of the person who found it. At worst, Gizmodo & the finder have both broken several laws relating to finding "lost" property, and let's also not forget that this would probably fall under the protection offered by the Uniform Trade Secrets Act in California, which also would seem to have some relevance in this case.

    12. Re:Semantics, bah by 517714 · · Score: 1

      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 finder sold the iPhone to Gizmodo knowing that they would publish a story about it and by publicizing the story eventually determine the owner and return it, he took very conscientious steps to see that the item was returned to its owner, and he turned a tidy profit. How was he to know that Gizmodo would tear it apart?

      --
      The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
    13. Re:Semantics, bah by Anonymous Coward · · Score: 0

      This is also the common law of property; the statute recites the common law except for the criminal element. At common law taking the phone under these circumstances is called conversion, a tort, and not theft. Thus under California law it's both theft and conversion. The taker could be prosecuted criminally by the State and still dragged into civil court by Apple--which could get some sort of damages for loss of possession.

      Interestingly, because it recites the common law the criminal court will probably rely on common law civil cases to outline the necessary burdens. Which means if this ever goes to criminal court it would be a perfect contemporary example to use in a treatise or textbook on property or torts.

      IANAL

    14. Re:Semantics, bah by VTI9600 · · Score: 1

      And if you're unable to contact or find the owner, CA law also indicates that you are then to turn it in to the local police...

      Umm...citation please? Here's a link to Gizmodo's account of how the finder attempted to return it.

      A reasonable attempt to return the phone was clearly made, but was hampered by the fact that Apple bricked the phone on that same night. The article just says that the finder poked around a bit (who wouldn't?). There's nothing to indicate that he had the owner's personal information, or would have even remembered it the next day, having presumably been intoxicated.

      I doubt that a reasonable person's first thought in this scenario would be: "Wow, I found someone's cool new phone...I should call the cops". That being said, they could have just left it at the bar in the back office or a lost-and-found bin.

      As for Gizmodo -- they are in the busiess of reporting news about gadgets. Successfully suing them under the UTSA would set a dangerous precedent that could hamper other forms of investigative journalism. Kind of like how some organizations try to use the DMCA to silence their critics.

    15. Re:Semantics, bah by Americano · · Score: 1
      Will a link directly to the relevant California Civil Code sections suffice as a citation? Specifically, Section 2080.1, which reads:

      2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it.

      I know what Gizmodo "says" happened, I read their article. I also know that the California law is very clear on this issue, and that "selling the found property to Gizmodo" is not a reasonable second step under that law.

      Furthermore, California Penal Code, section 485 also defines theft as such:

      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.

      So there's a pretty strong argument that the finder is also guilty of theft.

    16. Re:Semantics, bah by VTI9600 · · Score: 1

      It's not that I didn't believe you. I just wanted to get the details of the law you were referring to since those specifics seem especially relevant here. For instance, bricking the phone took away the finder's "knowledge of or means of inquiry as to the true owner". All they knew was that it probably belonged to Apple, whom they contacted, thus satisfying the criteria of "reasonable and just efforts to find the owner". Here's a more detailed link that explains the timeline of events.

      Even if Gizmodo was lying about this stuff, I doubt they would have gone ahead with their story before talking to their lawyers. If anyone in this case gets charged with a crime I'll concede my point, but I doubt that's going to happen.

    17. Re:Semantics, bah by Anonymous Coward · · Score: 0

      in Australia you can be charged with "theft by finding"
      It does happen and this would be exactly the sort of situation it would be used. Just last month a couple were charged with theft by finding after buying a suitcase at a charity store and found several thousand dollars hidden in it.

      And if it is theft by finding, it would then also mean Gizmodo could be charged with receiving stolen goods, knowing it was "found".

      Hard to argue that its not valuable when you are offered $5k for it.

  26. *sigh* by Engeekneer · · Score: 1, Insightful

    Stop with the Apple slashvertisments already. it continues like this, soon /. is i., news for fanboys, stuff that really doesn't matter.

  27. No they didn't. by harl · · Score: 1

    Sensational headline is sensational.

    I'm sure Apple already knew who it was. They knew who had them all they had to do was ask to see them.

    --
    I find being offended by me offensive.
    1. Re:No they didn't. by wjousts · · Score: 1

      No doubt, by that's kind of the point. Apple didn't need Gizmodo to tell them where the phone came from, so why did Gizmodo feel the need to plaster their name across the web. It doesn't help Apple and only further hurts and embarrasses the engineer in question. It's a dick move to drum up more ad views for Gizmodo that will hopefully blow up in their face.

    2. Re:No they didn't. by Anonymous Coward · · Score: 0

      Sensational headline is sensational.

      You probably mean sensationalist. It isn't that great, although "loser" made me smile.

    3. Re:No they didn't. by harl · · Score: 1

      The whole idea is predicated on the fact that one minor fuck up will screw him for life.

      And yes the fuck up is extremely minor. Apple gets a ton of free press. There's not a single thing innovative in the new model. The changes are boring iterative refinements.

      I could imagine Apple never giving him another device but career ending? That's nonsensical. There's no customer impact. There's no company impact.

      Anyone who's been in charge of a customer facing system and had unscheduled down time has done worse.

      --
      I find being offended by me offensive.
    4. Re:No they didn't. by wjousts · · Score: 1

      So, all things being equal, if you had two candidates and a quick Google search turned up that one of them was the bozo who managed to lose the iPhone prototype, which one would you hire?

      And even if, for some reason, you'd still be okay with hiring him, what about your boss? Or your bosses boss? Or the CEO of your company? Are they all okay with it?

      At the very least he has demonstrated a disregard for the companies IP.

    5. Re:No they didn't. by harl · · Score: 1

      A single minor mistake forever damns you?

      I hope you are never in a position of power. Everyone makes mistakes yourself included.

      --
      I find being offended by me offensive.
    6. Re:No they didn't. by wjousts · · Score: 1

      You didn't answer the question. Would you hire him?

      Yes, it's a minor mistake, yes everybody makes mistakes, yes another candidate may have made worse mistakes that you don't know about, but you DO know about this mistake, and that's the difference. And that's why it was a dick move my Gizmodo to reveal his name.

      It is a minor mistake, and it shouldn't haunt him. But now it will, thanks to Gizmodo.

    7. Re:No they didn't. by harl · · Score: 1

      You're right. I didn't answer the question. I won't. It's a highly loaded question custom tailored to the discussion at hand with no bearing on reality.

      I hope you never interview anyone. You completely judge him on one action. One action that you know nothing about. For all we know is a publicity stunt by Apple. Everyone makes mistakes. If you judge people on those mistakes it's impossible to hire anyone. You have to judge people on how they handle those mistakes.

      If he sat in front of me the first question would be the about the iPhone. You are going to learn so much about him from the response. More than your going to learn from any other candidate.

      --
      I find being offended by me offensive.
    8. Re:No they didn't. by wjousts · · Score: 1

      I am interviewing people currently actually, and I resent your comment. Clearly you know nothing about how the business world works (see I can make sweeping and insulting generalizations based on knowing nothing about you too).

      No, you don't judge people on one action, but it still counts. All things being equal, would you hire the guy who publicly fucked up in a major way or a guy with the same qualifications and experience who hasn't make a huge public fuck up? If you'd still hire the fuck up guy, you'd better have a damn good explanation for your own bosses because they are sure to see the fuck up first before they see anything else.

      Sure the other guy could have many fuck ups in their past that you don't know about. He may have even worse fuck ups. But you can't not hire somebody on the basis of something you don't know, but you sure can not hire somebody on the basis of something you do know. And that's the difference. It's that the fuck up is known that will hurt this guy.

      I'm not saying this is right or just. It isn't about what's right, just or moral. It's just the way things are and it's why revealing the name was a dick thing for Gizmodo to do. Which was the original fucking point.

    9. Re:No they didn't. by harl · · Score: 1

      Again you're focusing on the mistake more than how he reacts. It's completely the wrong approach.

      We're just repeating now. Thanks for the discussion.

      --
      I find being offended by me offensive.
    10. Re:No they didn't. by wjousts · · Score: 1

      I don't disagree that how somebody handles a mistake is as important, or even more important than the mistake itself, but you're focusing on having the chance to get to give the candidate a full and deep interview to find that out. With this very public black mark attached to his name, he might not even get as far as an initial phone interview.

      First impressions count and when you have a barrage of resumes to go through you end up looking for reasons to throw some of them away on the spot. It's just not possible to fully read all of them and give them all full consideration. It's certainly impossible to call every candidate just-in-case your impression from the resume is wrong. And there's no way in hell you can bring them all in for face-to-face interviews.

  28. probably turned himself in -- and if not.... by mattdm · · Score: 1

    If the employee has any sense of responsibility, he immediately reported the loss to his boss, and the situation was already being dealt with. Hopefully sympathetically.

    If he didn't do that, well, he does deserve to be called out as untrustworthy. Maybe that's not Gizmodo's job, but I wouldn't feel too sorry for him in that case.

  29. They didn't out their source by ABasketOfPups · · Score: 5, Informative

    Their source is the one they paid $5K to, not the poor sap/purposeful leaker who left the iPhone in the bar.

    1. Re:They didn't out their source by rahvin112 · · Score: 1

      So Gizmodo paid $5k for stolen property and the guy that found it sold stolen property? And this is all publicly documented with admissions and quotes by all parties? Sounds like a slam dunk criminal prosecution and if Apple demands it I guarantee it will happen because they have to political muscle to make it happen. All it will take is Apple or the engineer to file a criminal complaint.

      Hope that $5k can pay the legal costs, oh and if convicted they will have the money confiscated. It's apparent Gizmodo doesn't have lawyers.

    2. Re:They didn't out their source by abigsmurf · · Score: 1

      Thank god they protected the person trafficking stolen goods rather than the person he stole from!

    3. Re:They didn't out their source by Anonymous Coward · · Score: 0

      So Gizmondo paid $5000 for stolen goods that they knew were stolen. Interesting. Time for Apple to press charges against Gizmondo and/or the Gizmondo employee who authorized $5000 to be spent on stolen goods.

  30. Suckers All by BSDetector · · Score: 1

    iPads run countries, iPhones get lost - Yeah right!

  31. Can we get more Slashdot stories on this? by Enderandrew · · Score: 1

    I expect a minimum of 20 more iPhone stories before the iPhone 4/HD/Whatever comes out in June. I say this as an iPhone owner. We're going a little overboard here.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:Can we get more Slashdot stories on this? by clone53421 · · Score: 1

      Only 20? It’s not even May yet...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  32. What a google portfolio by anyaristow · · Score: 1

    Who'd want their google portfolio to read, "I left my employer's super-secret prototype on a bar stool." If this is a marketing ploy, I hope the guy was well-compensated. Or his name is fictional.

  33. Read the relevant material. by Zenaku · · Score: 1

    Wow. A lot of commenters at this point clearly haven't followed the story in any way and have no idea how the whole thing actually happened.

    I'm not gonna take sides, and not gonna clue anybody in; I'm just saying maybe some folks should read the relevant material first, because most of the debate so far has been around the rightness or wrongness of imagined scenarios rather than the actual one.

    --
    If fate makes you a motorcycle, you become a motorcycle.
    1. Re:Read the relevant material. by The+End+Of+Days · · Score: 1

      I prefer all the people who are taking this story as an opportunity to hate Apple. It's kinda telling that the emotional involvement is such that they need to grab the flimsiest of excuses to spew forth bile.

    2. Re:Read the relevant material. by RyuuzakiTetsuya · · Score: 1

      I read the article. I think that up until they start publicly shaming the engineer who lost the damn phone, the article was fine.

      As far as I understand the story, engineer takes a prototype gadget out into the wild, loses it, someone finds it, figures out it's a prototype, attempts to return it to apple, apple doesn't get back to them, dude sells phone to Gizmodo. Gizmodo then slutshames the engineer, and goes HA HA WE GOTS A PROTOTYPE IPHONE.

      --
      Non impediti ratione cogitationus.
    3. Re:Read the relevant material. by mjwx · · Score: 1

      Wow. A lot of commenters at this point clearly haven't followed the story in any way and have no idea how the whole thing actually happened.

      Sorry about that, but I normally filter out ads these days.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  34. Ruined Career or a Pay Raise? by TheNinjaroach · · Score: 1

    Is the guy's career ruined or did he just get a pay raise for this unofficially sanctioned and hype generating leak?

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
  35. It *IS* a marketing ploy. by cpotoso · · Score: 2, Insightful

    It *IS* a marketing ploy. There is *NO* reason why the apple and iphone names/logos should have been imprinted into this device if it is a prototype/testing device. Without the logos and with a good locking mechanism (as stated by others) this should only have appeared to be some knock-off device. As usual, all the stupid media (including /.) picks up on this and apple gets free publicity. Duh!

    1. Re:It *IS* a marketing ploy. by thestudio_bob · · Score: 2, Interesting

      Except for the fact that it was designed to look like an iPhone 3GS... hence the fake case and that would explain the *LOGO* on it.

      You guys like to make this out to be some big marketing conspiracy, but I don't think so. 1), I don't think Steve Jobs would approve of this. He's an egomaniac and I'm pretty sure he would think this sort of thing is juvenile. 2) Apple has field units. They have to do this in order to get *REAL* world results with their phones. It's not that uncommon and other companies do the same. 3) People make mistakes. I'm sure this went down exactly like it was described. Some poor sap had one two many and forgot his phone.

      I've "misplaced" about 3 phones in my lifetime, one when I was drinking, the other two do to the fact of incompetence on my part (I lost my first gen iPhone leaving it on the hood of my car when bringing in groceries.)

      Sometimes, things are what they are. Could you have planned this? You go to a bar, act like your drinking, act like your drunk, accidentally leave your phone next to a guy that you think will sell the secret phone to some tech site? I'm mean shit, what if that guy just returned it? Would they have to orchestrate this whole thing again??? Duh, indeed.

      --
      The real Sig captains the Northwestern. This one captains /.
    2. Re:It *IS* a marketing ploy. by cpotoso · · Score: 1

      Except that if *I* were going to put field units out, I would make sure they'd have no logos whatsoever printed in them. Seems a quite elemental "security" consideration if you *really* wanted to keep a secret...

    3. Re:It *IS* a marketing ploy. by hydroponx · · Score: 1

      If they were to re-orchestrate such a marketing plan, I'd like to know so I can apply for the contract :)

    4. Re:It *IS* a marketing ploy. by dangitman · · Score: 1

      You've obviously never seen an Apple prototype - they've had logos on them for decades. It's a way of identifying them as property of the company. Hell, who are we kidding, you'd never be in a position to produce prototypes anyway, you're just talking out your ass and pretending you know about things you haven't the faintest idea about.

      --
      ... and then they built the supercollider.
    5. Re:It *IS* a marketing ploy. by osu-neko · · Score: 2, Insightful

      Except that if *I* were going to put field units out, I would make sure they'd have no logos whatsoever printed in them. Seems a quite elemental "security" consideration if you *really* wanted to keep a secret...

      That's why you would suck at security. It would be far more suspicious to see a completely logo-less phone running the obvious iPhone OS than to see what appears to be an iPhone 3GS running it.

      Seriously, I do hope your job doesn't involve security or secrecy to any degree. You really, really suck at it...

      --
      "Convictions are more dangerous enemies of truth than lies."
  36. 'IT' is coming... by xxEtineSxx · · Score: 2, Insightful

    Has anyone considered that this is a flat out publicity stunt to get mouths watering in light of the release of the HTC Droid Incredible. Quite frankly, this stinks like a PR department.

    --
    "It's all been said before."
    1. Re:'IT' is coming... by skoda · · Score: 1

      Yes, we've considered it. And dismissed it. This is obviously not a PR stunt by Apple. They don't do early reveals on their hardware. They've not revealed the past three iPhones. They didn't clumsily leak the iPad's design. It's obvious they don't care or need to leak in on the 4th iteration of iPhone, a device that's guaranteed to be a success.

      And when they do leak info, it goes to the Wall Street Journal or The New York Times. It doesn't go to Gizmodo.

    2. Re:'IT' is coming... by Anonymous Coward · · Score: 0

      Has anyone considered that this is a flat out publicity stunt

      Only the 400+ posts before you...

  37. Ethics and decency... sheesh... by Anonymous Coward · · Score: 0

    Gizmodo is wrong for exposing this guy's name. He made a mistake anyone could have made. There's no reason for him to be exposed like this. I take no pleasure in reading the article they wrote about the new phone knowing that this poor guy paid for the scoop with his career.

    Also, it upsets me because it illustrates the untrustworthy nature of people in general. The decent thing to do would have been to give the freakin' thing back to him and not take advantage of his mistake, but whoever took it decided to make some $$$ off of another's misfortune.

    I realize I might be one of the few people in this world to have ethics and freakin' morals but this is just a ridiculous breach of what I would call human decency.

    GC

  38. What ethics? by dwf4646 · · Score: 1

    In this day in age, you can never discount marketing ploys, but Apple doesn't usually do this. That said, Gizmodo, by disassembling the phone, broke the law regarding misappropriation of found property and they showed themselves as classless and unethical... anything for a scoop. I hope if they lose some property, the finder treats them with more respect.

    1. Re:What ethics? by bigstrat2003 · · Score: 1

      That said, Gizmodo, by disassembling the phone, broke the law regarding misappropriation of found property and they showed themselves as classless and unethical....

      Classless, maybe (because it certainly isn't nice), but hardly unethical. It's also hard to root against someone who hurts Apple in any way, considering Apple's routine efforts to be the biggest pricks in the technology business. No one really cares when someone publicly embarrasses the school bully.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    2. Re:What ethics? by Moridineas · · Score: 1

      If something is right or wrong, then it is right or wrong even if the person with egg on their face is somebody you hate.

      To put it differently, just because you have some visceral hatred for Apple doesn't negate what is correct. If it's ethical to return lost/stolen property when you are able to, then it's the ethical thing to do it.

  39. What the hell is with that link? by arhhook · · Score: 1

    What the hell does that last link have to do with a collegehumor video?

  40. Stolen Goods? by Chaotic+Spyder · · Score: 1

    I think they also want to make it clear to everybody that they are not paying for stolen goods. Perhaps if they tell everybody the drunken birthday boy story, people will not get a bad taste in their mouth when they hear that Gizmodo paid 5k to get access to that phone.

    --
    Losers whine about their best, Winners go home to fuck the prom queen
    1. Re:Stolen Goods? by clone53421 · · Score: 1

      The phone isn’t stolen goods unless it’s real. It isn’t real unless Apple officially states that it’s real. And if it’s real and Apple officially states that it’s real, Gizmodo will return it to them. But they can’t be held liable for buying stolen goods that they didn’t know were stolen... their liability is limited to simply returning the phone.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Stolen Goods? by TRRosen · · Score: 1

      "Yeah the guy told us it was stolen but we didn't believe him. After all he is a thief."

      The thief clearly told them how he got the phone. Whether or not it belongs to Apple is not an issue, its that it didn't belong to the seller it was stolen. Therefore Gizmodo knowingly bought stolen goods.

    3. Re:Stolen Goods? by Cicada7 · · Score: 1

      Easy. They paid for a lead, not for a 'device'. The 'device' was given to them, and mystery bar shopper walks away with $5k for his time.

    4. Re:Stolen Goods? by clone53421 · · Score: 1

      Lost & unclaimed does not equal stolen.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  41. Ethics ?? What ethics ?? by vikingpower · · Score: 1

    Gizmodo is, in whatever form, still making its revenue from news. And news-publishers, besides some very serious newspapers, will KILL for news. Which Gizmodo just did. Sad, very sad - but business as usual in media-shark land.

    --
    Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
    1. Re:Ethics ?? What ethics ?? by RazorSharp · · Score: 1

      Gizmodo is, in whatever form, still making its revenue from news. And news-publishers, besides some very serious newspapers, will KILL for news. Which Gizmodo just did. Sad, very sad - but business as usual in media-shark land.

      I'm not sure what your point is. Are you saying that ethics don't apply to Gizmodo because it's the nature of their industry or that all journalists are sensationalist bastards? Either way I disagree. ThinkQ says, "Would we have given same story the same treatment given half the chance? We rather think not." I'd rather think not as well.

      I understand releasing the pictures but publishing this guy's name was inexcusable. He never asked for this kind of negative publicity. He's not a criminal, he made a mistake and now his resume is permanently tarnished and he's being chastised by the entire internet. Gizmodo overstepped their free speech boundaries. This engineer wasn't a public figure and didn't appear to have any desire to be one. Hopefully Apple sues them for all the money their web traffic has brought in the last couple days. It would be tragic if Gizmodo ends up being the big winner of this situation.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
  42. Yes, but you're missing the point by DIplomatic · · Score: 1

    I'm still not convinced that this isn't a marketing ploy.

    Yes, but you're missing the point. This story is 100% marketing, just not likely from Apple directly. It's marketing for Gizmodo, it's marketing for technology, it's marketing for hype in general. It's exactly what the link says it is: "First pictures of what is most likely the next iPhone." It's all designed to get you excited and interested to click links and buy things so people get paid. But no, I don't think Apple's marketing department was like "I'm going to leave this bar now, and hope that nobody finds my super-secret phone prototype, wink, wink, wink." That's just silly.

  43. What is the appropriate management response? by lowflying · · Score: 1

    My understanding is that Apple makes some bonuses contingent on no leaks having occurred for a product rollout. Someone talks, no one involved with the project gets the bonus. If that happens in this case, he may need police protection.

    Assuming that this guy is an otherwise valued employee, as a manager or co-worker, I would make the case to keep him: Fire him and the product release story will be about the guy who got fired. Keep him and he gets mentioned, but he will never lose anything of any value ever again.

    He doesn't get a bonus, he does get every other shit detail until Scotland plays the U.S. in the World Cup finals (your teams may vary), and the standard for "met expectations" gets moved up a notch to "makes his manager and co-workers look insanely great every single moment of every single day."

    But, I don't run a multi-$Billion corporation.

  44. And if any of you doubt that they're wankers by Bertie · · Score: 4, Insightful

    Just look at the note they wrote the guy:

    "Hey man, I know things seem really tough right now. We had mixed feelings about writing the story of how you lost the prototype, but the story is fascinating. And tragic, which makes it human. And our sin is that we cannot resist a good story. Especially one that is human, and not merely about a gadget — that’s something that rarely comes out of Apple anymore. But hopefully you take these hard times and turn things around. We all make mistakes. Yours was just public. Tomorrow’s another day. We will all be cheering for you."

    I mean, honestly, come ON.

    1. Re:And if any of you doubt that they're wankers by binary+paladin · · Score: 1

      "Hey man, we know that no one likes to get kicked in the balls when they're down, but getting kicked in the balls is human. So we kicked you and we're doing it again because really, the media loves seeing and hearing people get kicked in the balls. It drives our advertising. Tomorrow's another day though."

    2. Re:And if any of you doubt that they're wankers by geekoid · · Score: 1

      Could you imagine what would have happened if Woodward and Bernstein reveled their source?

      They would have been hung and dried by the journalist of the day.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:And if any of you doubt that they're wankers by CompMD · · Score: 1

      I hope Gizmodo knows how to read the California Uniform Trade Secrets Act, because they are about to get backhanded with it. I'm particularly fond of the part where Apple can recover damages due to "unjust enrichment." Basically, every penny Gizmodo made from their egregious violation of the act and illegal disclosure of trade secrets can be awarded to Apple.

      I'm not an Apple fanboi by any means, in fact I usually strongly dislike them. However, in this case, I hope they mop the floor with both the journalist and his employer who collectively didn't think the law applied to them.

    4. Re:And if any of you doubt that they're wankers by metaforest · · Score: 1

      Gizmoto burned this guy to deflect attention away from their CPC violations, and off the clown who DID pinch it.

      We only have hearsay that the party who took possession at the bar contacted Apple to return it.

      It seems more likely that the engineer who screwed up called in to Apple ASAP and reported it missing.... hence the remote bricking...

      There's a large credibility gap between the events at the bar, and the $5K that got it to Gizmoto's people.

  45. Poor Sod's Name by Slashdot+Parent · · Score: 1

    If the story is accurate, then what's the point of exposing the poor sod's name?

    You mean Gray Powell?

    I'm sure he'll do just fine. After this kerfuffle, any hiring manager can be reasonably certain that this was a mistake that is unlikely to be repeated.

    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  46. To the Gizmodo article's author: by Anonymous Coward · · Score: 0

    Jesus, what were you thinking?

  47. He Exposed Himself by TooMad · · Score: 1

    I am assuming that this prototype has some sort of serial number. I am also assuming that a person with permission of have a/the prototype have to sign it out. So whether they have one prototype of fifty they know who has what. An elementary investigation would quickly show which prototype was missing and who lost it. Gizmodo did nothing to harm his career. If Apple punishes the engineer, the engineer has one person to blame, himself.

  48. Bad week by blueturffan · · Score: 1

    This guy just can't catch a break. First he loses a prototype G4 iPhone, then Gizmodo publishes his name, now Slashdot calls him a loser. What's next? Does his dog run away?

    1. Re:Bad week by Locke2005 · · Score: 1

      His wife runs off with his best friend... and he's really gonna miss that dog!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  49. Re:How many more Apple Marketing Announcements tod by MobileTatsu-NJG · · Score: 1

    You picked the wrong article to bring this up in. This isn't an iPhone story, it's a story about Gizmodo being asshats.

    But... while we're on the topic: So long as Apple stories generate comments Slashdot's gonna keep posting them. Lots of the comments I've seen in this thread and on the last one were "mememememe not another Apple story!" It's like watching a guy write a 3 page email about how painful his carpal tunnel is. If you guys are really sick of 'Apple Marketing', maybe you shouldn't be rewarding Slashdot with ad views and generating content for them to serve even more ads. You all already know that bitching on Slashdot won't change the editors' minds. Silence is your best option.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  50. No such thing as bad publicity by dazedNconfuzed · · Score: 1

    Now the world knows/assumes that a top Apple hot-shot engineer is, or soon will be, on the market.
    No doubt this guy is getting a lot of lucrative offers now.

    --
    Can we get a "-1 Wrong" moderation option?
  51. What about this though.... by Anonymous Coward · · Score: 0

    Perhaps the folks at Gizmondo thought that by releasing the name of an individual that is, I'm sure, already known to Apple to the public that he might in some way be protected (or at least his job) by a large following of people (customers) who think that everyone makes mistakes. If the name were never released, the guy would be fired and would never be able to speak about why it happened publicly due to the NDA he is very likely already operating under. Now, if the guy gets fired everyone will know why and people can make their own determinations as to whether or not they with to take that out on the company through redirected consumership.

  52. the guy was ruined the moment he took the phone by darkeye · · Score: 1

    in house they already new who lost the phone, as prototypes are carefully controlled, and a simple inventory check must have revealed who has a missing phone. thus, gizmondo didn't expose any info here that wasn't already known inside Apple.

    companies take such prototype control very seriously - and usually you're fired immediately for such a breach of your contract

    around 2000, I knew of a guy who was fired by Nokia just for taking a prototype phone with him, outside of the office. this alone is reason enough - let alone taking it out in public, like in a bar, and then losing it...

  53. I wonder if he made an offer to the developer? by goffster · · Score: 1

    he was accessible enough on linkedin

  54. bogus by 192939495969798999 · · Score: 1

    This has to be bogus, Apple only made a few of these prototypes and an engineer would not have one out on the town without Apple being well aware that it could get spotted.

    --
    stuff |
    1. Re:bogus by phillymjs · · Score: 1

      Apple only made a few of these prototypes and an engineer would not have one out on the town without Apple being well aware that it could get spotted.

      Which is why, if you had read the articles, you'd have noted that it was found in a case that made it look like an ordinary iPhone 3GS to the casual observer.

      http://gizmodo.com/5520164/this-is-apples-next-iphone

  55. Ruined his career? by mea37 · · Score: 1

    Get off it. You must realize that Apple already knew who lost the phone. (Prototypes are both expensive and sensitive; I guarantee they knew who had one. They remote-killed this one, so they knew it had been lost, so they knew specifically who had lost it. I hope we're all smart enough to know that his relationship with Apple is unaffected by the public release of his name.

    What, then? TFS must be claiming that for some reason the next potential employer is going to care about this incident. That is what we in the business call a ridiculous assertion.

  56. Re:Ethics and decency... sheesh... by clone53421 · · Score: 1

    He made a mistake anyone could have made.

    No. “Anyone” could not have made this mistake because Apple does not just trust “anyone” with their top-secret prototype designs. They only trust people who they are certain will treat it with the caution and security necessary to ensure that their top-secret prototype designs remain top-secret.

    The decent thing to do would have been to give the freakin' thing back to him and not take advantage of his mistake, but whoever took it decided to make some $$$ off of another's misfortune.

    If you read the Gizmodo story it’s actually a pretty reasonable series of attempts. He didn’t have time to try to contact the guy who lost the phone before it was bricked and he lost the contact info, he made efforts to contact Apple but ran into a stone wall of employees who were either ignorant or purposefully tight-lipped, and finally Gizmodo bought it from him. Gizmodo, of course, will be returning the phone just as soon as Apple officially states that it is, in fact, their prototype phone, since that is the basis of their claim on it. If it is their phone, it will be returned. But only if it is their phone.

    --
    Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  57. I'll tell ya why! Re:What's the point? by johnnyheavens · · Score: 1

    Because Gizm0do and others that jumped on that story were taking heat for the device being fake. So rather then waiting a few weeks to say I told you so when the announcement comes they felt better about themselves by saying "look! we have a name". Ya, they suck! yeah, I've no plans to visit the site again anytime soon.

  58. MobileMe by nick_davison · · Score: 1

    MobileMe has the ability to check the GPS location of your lost phone, remotely. It is hard to imagine that, if this wasn't a controlled leak, Apple's legendary witch hunters wouldn't have been all over the guy who found it long before he could sell it to Gizmodo.

    For the rest of us, getting charged $100/year so you can get what the Latitude app - that Apple just happened to reject - does for free is abusive enough that we don't all pay it. For an Apple employee who likely gets it free anyway, on a test unit, given their legendary zeal for protecting against leaks? It's pretty much inconceivable that they didn't have MobileMe running. If they had MobileMe running and it was a genuine loss not a marketing ploy, it's pretty much inconceivable that their witch hunters didn't turn up. Everything screams of a staged loss.

    1. Re:MobileMe by osu-neko · · Score: 1

      MobileMe has the ability to check the GPS location of your lost phone, remotely.

      Not if it's been bricked. And the risks of leaving it unbricked are too great to try your little hide & go seek game...

      --
      "Convictions are more dangerous enemies of truth than lies."
  59. Re:How many more Apple Marketing Announcements tod by Bemopolis · · Score: 1

    Someday Slashdot will have an option to allow the user to control what story sections he or she sees and doesn't see on the front page.

    Wait, what?

    Someday sammyF70 will discover that Slashdot has an option to allow him to control what story sections he or she sees and doesn't see on the front page. I wonder how many of us will live to see that day.

    --
    "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
  60. It doesn't change anything by golden+age+villain · · Score: 1

    I guess they know to whom they issued the new prototypes so they can just ask these people to give them back to find who lost it after the story came out on Gizmodo.

  61. Really? by TheRealZero · · Score: 0

    Am I really supposed to believe that since they knew the phone was missing, and they locked it down to prevent further use, that they didn't already know who the phone belonged too? The only people who didn't already know the name were us.

  62. I'm confused by aztektum · · Score: 1

    The "Apple wants it back link" takes me to a College Humor Video that seems to have nothing to do with Apple?

    --
    :: aztek ::
    No sig for you!!
    1. Re:I'm confused by Anonymous Coward · · Score: 0

      I thought I reopened an old tab, but there really is that link. What's going on /. ?

    2. Re:I'm confused by v1 · · Score: 2, Insightful

      I noticed that too. Owell.

      BUT, thinking on it, several things come immediately to mind:

      1. Apple won't fire the engineer. that's bad press. They WILL however remove him from the engineering team and drop him into a job he probably doesn't like, forever. his job security is absolute, but his engineering career at apple is zero. that's the penalty for this level of "oops".

      2. the poor guy's engineering career outside apple is also severely damaged by gizmodo's irresponsible release of his name. "carelessly lost a secret prototype that immediately fell into the hands of the press" doesn't look good on a design engineer's resume'.

      3. "finders-keepers" rarely applies in the legal world. Not in California in particular. If you find something of value that you can reasonably assume was lost, you're obligated to turn it in. You may receive a finder's reward, but there's no requirement. Since he sold it for 5 grand he basically has no legal ground to stand on. he obviously knew it was valuable and lost.

      4. buying something that you can reasonably assume is valuable and was lost is also illegal. Now gizmodo will be on the hook as well.

      5. Apple was already going after Gizmodo and will almost certainly win the phone back as well as settle for some damages. or it may go to court if apple wants high damages. (would not surprise me)

      6. Apple may further press legally to expose the identity of the finder of the phone. Gizmodo is not likely to have a leg to stand on here unless they somehow conducted a totally anonymous meeting and acquisition. (unlikely) We should be hearing the name of the greedy SOB sometime soon.

      7. Apple may further press for legal action on the finder.

      8. The finder really made a bad decision. Consider if he had instead: called/emailed apple and told them he found the phone and would like to have them come pick it up in person, not making any demands at all. (since he's not legally entitled to do so) Take lots of pictures of it and memorize it thoroughly. When they come to pick it up, they WILL be carrying an NDA for him to sign. Hand over the phone, and begin negotiations for the pictures and the NDA. All legal. He could have made a good deal more that way. Apple would have easily paid him 20 grand for the pictures and NDA signature. Instead, he's probably going to end up having to return the 5 grand for selling stolen property, ("theft by finding" I think is the legal term in CA?) and then face additional legal action.

      Too bad all around, most everyone loses. Except maybe Gizmodo, which may come out ahead after all of this, depending on what sort of settlement Apple seeks.

      --
      I work for the Department of Redundancy Department.
  63. Hate to Be Him Now, Like to be Him in 6 Months by Anonymous Coward · · Score: 0

    I would guess life kind of sucks right now for the guy, but if we play this out to its logical conclusion the guy is psuedo-famous and might even benefit.

    Apple already knew who he was and, assuming he wasn't supposed to accidentally leave his phone in the bar, is likely to fire him or at best not promote him.

    Now, everyone in the world knows about him or at least about what he did. That's something.

    Palin got a tv show on less skill.

  64. This is Simply Marketing by junkfish · · Score: 1

    This is just Apple Marketing their product. Leaving a phone in a bar leads to good copy. Their lame upgrade to their own product, now has some sizzle, that adds value to the marketing of the product. Now the 4g is compelling, when before it was just an upgrade. Selling us the same product again and again, boy that sounds like M$.

  65. Not an accident by Anonymous Coward · · Score: 0

    It seems unlikely that this is an accident. If you are an apple engineer walking around with a prototype, you would be super paranoid about it. You wouldn't be walking around town with it, and clumsily leave it at a restaurant, and not bother to go back and look for it after you realized you lost it. It makes me think this was staged to look like an accident, but in reality was intentionally designed to leak the prototype to the media. Possibly because Apple doesn't want people to be surprised that the new model looses it's curved sleek edges for the sake of battery removal. Regardless of the reason, I think it was intentional. Anyhow, the people at Apple are masters of drumming up media hype for it's products, by leaking information in advance of a product release. And with this one being left behind, Apple has certainly achieved that. So regardless of whether this was a marketing ploy, or a honest mistake, it has given apple additional media coverage for free. It's kind of a win for Apple.
                Now if the guy really did loose the phone, Apple clearly knew who it was, or else they wouldn't of wiped the phone. So Engadget didn't reveal anything that apple didn't already know. But I feel bad for the guy either way. Now people outside of apple may be thinking this guys an idiot for loosing a prototype. It could even affect this guys ability to get a job someday after leaving apple. At the very least, he likely feels embarrassed for having his name plastered all over the internet as the "guy who lost the iPhone prototype". I don't think Engadget should have published his name.

    -Keith Virge

  66. Previously, on /. by Exitar · · Score: 1
  67. Even if it was a deliberate leak, this employee is by sdnick · · Score: 5, Insightful

    going to lose some job opportunities as a result of getting outed. Real dick move by Gizmodo.

  68. Organ Donor by chefshoemaker · · Score: 1

    Steven Jobs won't fire him. He just found his next organ donor. He will keep him Safe and healthy until the next "engineering project" is launched.

    1. Re:Organ Donor by craighansen · · Score: 1

      Gray hasn't got the anatomy. The Loser has the liver of a liver and a lover of the lager, not the liver of a lifer.

  69. So don't care by dustin_0099 · · Score: 0

    The phone was rapidly bricked which means after he goofed, he did the right thing: he reported it to Apple. I wanted to know the details of the $10,000 trade and the article was far too thin on that part of the story.

  70. First visit in 3 weeks... Nothing but Apple. by Anonymous Coward · · Score: 0, Funny

    I stopped visiting /. at the end of March due to all of the Apple crap that was being posted. This is my first visit back in 3 weeks, and it still hasn't changed.

    I had been going to reddit instead, but their site is so fucking slow now that they're using Amazon EC2, and I get server errors 10% of the time.

    Digg is just plain fucked. It has gone even more Apple-stupid than /. has.

    Hacker News has become nothing but "entrepreneurs" spouting out buzzwords and their latest bullshit theories.

    OSNews? Oh, geeze, it's gone totally downhill since that Thom guy took over as editor. At least Eugenia had some computing background and knowledge.

    Where can a man go to get some quality, non-Apple tech news and discussion these days? WHERE?!?!

    1. Re:First visit in 3 weeks... Nothing but Apple. by Anonymous Coward · · Score: 0, Informative

      Where can a man go to get some quality, non-Apple tech news and discussion these days? WHERE?!?!

      Slashdot with the Apple section switched off. Bliss!

    2. Re:First visit in 3 weeks... Nothing but Apple. by Red+Flayer · · Score: 4, Funny

      Slashdot with the Apple section switched off. Bliss!

      Bliss would be Slashdot with the following sections turned off:

      Idle
      Main
      Apple
      AskSlashdot
      Book Reviews
      Developers
      Games
      Hardware
      Idle (yes, this one should be turned off again)
      IT
      Index
      Interviews
      Linux
      Mobile
      Politics
      Science
      Technology
      YRO
      Idle (just in case we missed it the first two times)

      THAT would be bliss... pure, unadulterated zen bliss.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:First visit in 3 weeks... Nothing but Apple. by Mister+Whirly · · Score: 2, Funny

      Slashdot with the Apple section switched off. Bliss!

      Yeah, I tried that but the 7 remaining articles were not that interesting.

      --
      "But this one goes to 11!"
    4. Re:First visit in 3 weeks... Nothing but Apple. by paiute · · Score: 2, Informative

      Yeah, but then I'd have to create an account, which I'm not going to waste my time doing.

      Yes, that creating an account procedure is not to be attempted unless you have at least an MS in Computer Science and three weeks to spare.

      --
      If Slashdot were chemistry it would look like this:Cadaverine
    5. Re:First visit in 3 weeks... Nothing but Apple. by Daengbo · · Score: 1

      Perens' Slashdot-alike, Technocrat? Oh, wait. It's gone.

    6. Re:First visit in 3 weeks... Nothing but Apple. by Kuroji · · Score: 1

      Well, sure, that's ideal. But that also requires that stories that belong in Idle GET FUCKING POSTED IN IDLE WHERE THEY BELONG.

    7. Re:First visit in 3 weeks... Nothing but Apple. by Red+Flayer · · Score: 1

      Well, sure, that's ideal. But that also requires that stories that belong in Idle GET FUCKING POSTED IN IDLE WHERE THEY BELONG.

      Be my guest, try to find a section they could post Idle or Apple stories to that isn't on my list.

      Get it now?

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    8. Re:First visit in 3 weeks... Nothing but Apple. by Skuld-Chan · · Score: 1

      Why the fark do you even visit this site?

    9. Re:First visit in 3 weeks... Nothing but Apple. by Red+Flayer · · Score: 1

      Why the fark do you even visit this site?

      That's the joke.

      But in case you're serious, it's the same reason junkies who've collapsed all their easily accessible veins resort to shooting up behind their eyeballs. I need my fix.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    10. Re:First visit in 3 weeks... Nothing but Apple. by Kalriath · · Score: 1

      Easy.

      Meta.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    11. Re:First visit in 3 weeks... Nothing but Apple. by Anonymous Coward · · Score: 0

      Don't forget any story submitted by kdawson.

  71. G4? by lyinhart · · Score: 1

    The tech blog last night exposed the name of the hapless Apple employee who had one German beer too many and left a prototype iPhone G4 in a California bar some 20 miles from Apple's Infinite Loop campus.

    iPhone G4? So Apple's using PowerPC processors in their phones now?

    --
    Freedom is drinking a beer in the park when you're supposed to be at work.
  72. Sometimes Freedom Hurts by b4upoo · · Score: 1

    It is fine that the engineer will suffer a career set back. The free flow of information need never be blocked. Restricting the publication of such an error may harm the engineer but it may be of great benefit to employers both directly and indirectly. Screening out security risks is not a negative.

  73. stealing by farble1670 · · Score: 1

    so, gizmodo paid for property that they knew didn't belong to the seller. isn't that illegal? knowingly purchasing stolen goods? it doesn't matter if the phone was "lost" or "stolen" from the get-go, the second you decide to keep something that is not yours, that's stealing.

    1. Re:stealing by RyuuzakiTetsuya · · Score: 1

      Well, no. and maybe.

      According to the story Gizmodo ran, they claim their source attempted to contact Apple on several occasions to return the lost prototype. They also claim that the engineer left it at the bar. Depending on what the laws are like in California concerning lost goods, they may or may not be in trouble.

      --
      Non impediti ratione cogitationus.
    2. Re:stealing by geekoid · · Score: 1

      Logical fallacy.

      "so, gizmodo paid for property that they knew didn't belong to the seller. isn't that illegal?"

      You are assuming the finding something like this doesn't make you the owner.

      The goods weren't stolen.

      "the second you decide to keep something that is not yours, that's stealing."
      Now if you found it. It's really not the cut and dry. Yes there are extremes, but this isn't one of them. You are NOT obligated to return something you found.
      That is a myth propagated by looses.. literally.

      It is bad manners.

      You might want to say the finding something equals stealing it, but it isn't true.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:stealing by TRRosen · · Score: 1

      Its already been established many times CA law defines this as theft. Actually almost every state would as basic property law a misplaced item can only be claimed by the owner or the owner of the property where it was misplaced.

    4. Re:stealing by TRRosen · · Score: 1

      You are NOT obligated to return something you found.

      YES ACTUALLY YOU ARE!

    5. Re:stealing by farble1670 · · Score: 1

      i am fairly certain that "finders keepers" isn't the law of the land.

      it's illegal to purchase goods from someone who is not the rightful owner of those goods. it doesn't matter if the finder stole it or found it. he knows it doesn't belong to him. it's illegal for him to sell it.

      let me set up a scenario to help you. you are sitting in a bar. you are a little drunk, and you get up to go to the bathroom. halfway there you realize you left your iphone on the table. you turn around and see a guy snatch it off the table and walk out the door.

      did you steal it? how do you know that he didn't just see an empty table with an iphone, and "find" your iphone? maybe he did. imagine a world where as long as we don't pay attention we can take whatever we want and claim that we found it?

      but anyway, don't take my word for it. i encourage you to go around town today testing your theory and "find" all sorts of things you like. better square away your bail money first.

    6. Re:stealing by Anonymous Coward · · Score: 0

      You are NOT obligated to return something you found.

      Where are you from, Somalia?

    7. Re:stealing by Wovel · · Score: 1

      Gizmodo had a responsibility after learning how the phone was acquired to ensure the actual steps required in California. They did not, those steps were not followed and they broke the law.

  74. Re:Even if it was a deliberate leak, this employee by V!NCENT · · Score: 1

    "It's only after we've lost everything that we're free to do anything"

    90 hours/week... This guy is insane and should get a better job.

    --
    Here be signatures
  75. only $5,000? by farble1670 · · Score: 1

    does anyone think that $5k was a little cheap? not that i personally think it's money well spent, but considering the hype over new apple products and the ad revenue that can be generated from a scoop like this, i would have expected more.

    1. Re:only $5,000? by TRRosen · · Score: 1

      Should have been $4999 would have got Giz out of the Federal transportation of stolen goods charge.

    2. Re:only $5,000? by Cicada7 · · Score: 1

      The sap who accepted the offer surely does now.

  76. MOD PARENT UP by Rodness · · Score: 3, Insightful

    Finally, someone who doesn't think this guy is the victim. HE IS THE WEAK LINK!! (I wish I had mod points. Sorry.)

    When Apple said "here, carry around this priceless prototype phone and test it out" they most assuredly gave him a lecture on being careful and not losing it.

    And he got plastered and lost it.

    If I were Apple, if I didn't fire him outright I sure as hell wouldn't trust him anymore. So on second thought, if I can't trust him anymore, adios.
    And if I were hiring developers for a secretive project, I sure as hell wouldn't hire him either.

    Gizmodo* did us a favor by telling us his name. Now his prospective employers know he can't be trusted to hang onto things entrusted to him.

    (* Gizmodo is totally not innocent IMO, but a discussion of Gizmodo's actions is not the point of this comment.)

    1. Re:MOD PARENT UP by binary+paladin · · Score: 1

      I agree. He shouldn't have left the damn thing at a bar. If he was paying any attention he would have noticed by the time he got to the car. Part of field testing a prototype is NOT LOSING THE PROTOTYPE. If you figure you're gonna hit up some beers with buddies, just don't bring it. This is not hard.

      He was a dumbass and is probably going to pay for it.

      (This is, of course, presuming this isn't an intentional drop which I'm still not convinced it isn't.)

    2. Re:MOD PARENT UP by __aailob1448 · · Score: 1

      Here are a few words you ought to look up:

      Forgiveness
      Compassion
      Douchebaggery

    3. Re:MOD PARENT UP by Anonymous Coward · · Score: 0

      You sir are a dick. I wish you the same fate as this guy and would see if you say the same thing in your "favor"?

    4. Re:MOD PARENT UP by Anonymous Coward · · Score: 0

      I bet you only employ perfect people. If so, I wouldn't want to work for you, because here in the real world, everybody forgets something at some time or another, because nobody is or can be perfect. So if you were to turn me down for losing something, rejecting me would be doing me a favor.

    5. Re:MOD PARENT UP by NoOneInParticular · · Score: 1

      How sure are you that this is the real story: he got plastered and lost the device. What if he got rolled and the thief sold the device for $5K? Should he be fired then? How sure are you about this?

    6. Re:MOD PARENT UP by Captain+Centropyge · · Score: 2, Insightful

      Like you're perfect, never making any mistakes or having a lapse in judgment? Give the guy a break and stop being a douche.

      "Let he who is without sin cast the first stone." Etc., etc....

      I'm not saying the guy didn't do something stupid. But does losing a phone have to ruin the guy's career..? Apple's still going to sell tons of these new iPhones. They'll still make a ton of money. I don't think that this is really going to hurt Apple much, if at all. Give him a stern talking to, a reprimand, whatever. Is the quality of his work worth keeping him? It might be. But I doubt they'll let him test another prototype anytime soon.

      --
      Bite my shiny metal ass!
    7. Re:MOD PARENT UP by VTI9600 · · Score: 1

      When Apple said "here, carry around this priceless prototype phone and test it out"

      What's really priceless is the photo of the guy who lost the phone holding an open container of Jack Daniel's. Not exactly the first guy I would entrust with the device.

    8. Re:MOD PARENT UP by Thing+1 · · Score: 1

      "Let he who is without sin cast the first stone." Etc., etc....

      I believe that you misunderstand that particular lesson.

      It's more along the lines of that often-quoted passage from Atlas Shrugged about "there's no way to rule a nation of honest men."

      There are so many contradictory rules in religion, expressly to prevent the lower classes from rising up against the priestly classes -- "sure we may have fucked you over and stolen your town's money, but, but -- the only people from your town who should think of attacking us are those without these sins that we invented." And, they then escape unscathed.

      (And yes, fucking children is a sin Mr. Pope; hoist by your own petard and all that.)

      --
      I feel fantastic, and I'm still alive.
    9. Re:MOD PARENT UP by Captain+Centropyge · · Score: 1

      How the hell did this turn into a post about religion? You are the one who misunderstood my post. Twisting my words into some bizarre, off-topic, religious slant is idiotic and completely misses what I was trying to convey.

      My point was that everyone makes mistakes. Do we need to burn someone at the stake everytime a mistake is committed?

      And to clarify, that lesson was supposed to convey the exact point I was making. Jesus basically said if the pharisees were perfect they had the privilege of holding themselves above others, justifying their righteous indignation. But they knew they weren't perfect, so the lesson was meant to put them in their place. To make them realize they aren't in a position to judge others, as they're just as sinful as everyone else. After all, every righteous act they performed was really in their own self-interest; basically a sin unto itself.

      Now... let's get back on-topic, shall we?

      --
      Bite my shiny metal ass!
    10. Re:MOD PARENT UP by Anonymous Coward · · Score: 0

      His pocket could have been picked, and then the pickpocket left it by mistake, or pretended to find it, a few moments later.

    11. Re:MOD PARENT UP by Waccoon · · Score: 1

      I agreed with you up to this point:

      Gizmodo* did us a favor by telling us his name.

      Seriously? I didn't realize product development was a public issue and everybody needed to know. We're not talking about a security vulnerability in a product that the company won't patch.

      It's not news -- it's a childish game of finger-pointing with peoples' livelihoods on the line. Did Gizmodo reveal the name of the person who sold the device to them?

  77. Re:How many more Apple Marketing Announcements tod by The+End+Of+Days · · Score: 1

    You are utterly correct, I would just like to make an addendum.

    Please, by all means, keep bitching. Nothing is funnier to me than the whining of nerds.

  78. Probably Working in the Sewers of Apple Now! by Bielzebub · · Score: 1

    I highly doubt that Apple will fire this poor schmuck... Can't do that, that's bad PR! So instead they will stick him with the most disgusting job they can think of to make him quit. Well, at least that's how some of the companies that I have worked for do it. Makes sense, too. Don't have to pay unemployment to the guy, no bad PR by the guy screaming "They fired me because a mistake!", no lawsuits. It doesn't get any easier than that! Just remember, if you are ever in a great job and suddenly find your self one day cleaning the sewage lines at your company's remote Alaskan location, you probably screwed up REALLY badly!

  79. Great way to ruin your reputation Gizmodo by Anonymous Coward · · Score: 0

    After posting the name of a leaker, im guessing Gizmodo wont be getting very many new leaks in the future. would be leakers will think twice before leaking something out to them. Great way to ruin your tech blog's reputation

  80. Re:How many more Apple Marketing Announcements tod by sammyF70 · · Score: 1

    oh .. Actually I like to read news even about Apple ... Sometimes I even go out and eat at McD ... not just every hjour, every day.

    --
    "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
  81. Re:How many more Apple Marketing Announcements tod by sammyF70 · · Score: 1

    "Disable Advertising []
    As our way of thanking you for your positive contributions to Slashdot, you are eligible to disable advertising. "

    Ever seen this one? Yeah .. I thought not.

    --
    "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
  82. Let's be clear. by thePowerOfGrayskull · · Score: 1

    ot content with its iPhone scoop, Gizmodo has probably ruined the career of a young engineer

    While I'm all for journalistic responsibility, let's not put blame where it doesn't belong. Gizmodo did not lose the phone. They did not find the phone. They did report thoroughly on both (as well as the hardware) once the phone was available to them. If a career has been ruined, it's the engineer who did it to himself. Given that apple bricked the phone almost immediately, he reported it himself as soon as he realized it was missing. (Could you imaging waking up in the morning to THAT particular realization... ) Hopefully in light of that they'll realize that mistakes happen, and no career is ruined at all...

    1. Re:Let's be clear. by geekoid · · Score: 1

      The specific blame here is the Gizmodo failed at any sort of journalistic professionalism.

      It's not just the job at Apple, it's the engineers career.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  83. Having done some work in consumer electronics... by Anonymous Coward · · Score: 0

    I find it very aggravating when people release (lose, expose, sell etc.) prototype electronics and they get exposed to the populace early. There is a lot of work by a lot of people that goes into these devices. When the devices are thrown to the wolves before they are ready bad things tend to happen in that the prototypes can include or exclude features and qualities that aren't intended for the end product.

    If features are lacking, fit & finish isn't perfect, or someone doesn't like the color then the device can be killed by the media before it has even hit the shelves.

    Alternately if the device includes features that are there for testing purposes or simply experimental and then aren't included in the end-product, the people get upset because the device they bought didn't live up to the hyped expectations.

    In the end there is a reason that cars, cell phones, computers, and even lawnmowers aren't released to the public until they are ready for public consumption. Anyone that compromises the success of the device by breaking NDA's deserves everything they get or lose by doing so. Both for being an ass that potentially screwed over many peoples hard work for a little personal fame, and also for being a dishonest ass that broke a signed contract.

  84. Re:Even if it was a deliberate leak, this employee by TheReij · · Score: 0, Troll

    Ugh. Gizmodo is not at fault for Powell's impending career woes. He shouldn't have lost a prototype. It's wholly his fault.

  85. Apple didn't learn his identity from Gizmodo. by PatHMV · · Score: 1

    How did Gizmodo out him? I mean yes, they disclosed his name to the public, but there's no danger to the poor guy from the pubic. Gizmodo had nothing to do with outing him to Apple, his employer. You saw the barcodes and ID numbers on the product? Apple doesn't let its top secret prototypes out the door without knowing to whom they've been assigned. It was inevitable that Apple would discover Gray's identity once photos of the exterior were released or the phone was returned to Apple. Gizmodo bears ZERO responsibility for what Apple does or does not do to Gray. Apple didn't need Gray's help for that. Heck, Apple knew about Gray before Gizmodo ever ran an article. Why do you think the phone was bricked by the time Gizmodo got it? Guarantee you that either Gray voluntarily fessed-up or there's some mandatory "show me your top secret device" daily check run by Apple. Apple knew it was missing long before Gizmodo got the phone, and they knew who it had been assigned to.

    1. Re:Apple didn't learn his identity from Gizmodo. by Thing+1 · · Score: 1

      I mean yes, they disclosed his name to the public, but there's no danger to the poor guy from the pubic.

      Especially around these parts.

      --
      I feel fantastic, and I'm still alive.
  86. Maybe not so innocent? by Anonymous Coward · · Score: 0

    I'm surprised that the only two scenarios coming up are either that the guy lost it accidentally or it's an Apple publicity stunt.

    Remember that the person who turned it over to Gizmodo got $5k for it. What if that person was actually a friend of the Apple engineer and this was cooked up by the two of them?

    I mean, if you have a decent moral compass and you found lost personal property in a business establishment, wouldn't you leave it with the manager there?

    Supposedly the finder waited around for a long time for the owner to come back, but the owner, who had been carrying this secret Apple property and was probably used to looking at it several times an hour, never realized it was gone during that time?

    These failings on both of their parts seem too large to be believable.

  87. Re:Even if it was a deliberate leak, this employee by gnasher719 · · Score: 1

    going to lose some job opportunities as a result of getting outed. Real dick move by Gizmodo.

    Why would he lose his job? Mistakes happen. Costly mistakes happen. This man is the one single person in the whole Apple company who will never, ever in his life lose another iPhone. Why fire him when the company just paid a lot for his education?

  88. Re:Even if it was a deliberate leak, this employee by Bryan-10021 · · Score: 1

    Next time you make a mistake have your boss call up Gizmodo and do a story on it. Then lets see how you feel.

    Amazing how people have a hard time putting themselves in other people's shoes.

  89. Apple already knew who lost it by Call+Me+Black+Cloud · · Score: 1

    The phone was wiped remotely...clearly Apple knew which engineer lost the phone. By making the guy's name public perhaps Gizmodo saved his job.

    Eh, probably not, it's not like Jobs cares about public opinion...

  90. I don't buy it by Anonymous Coward · · Score: 0

    I think this "poor guy" sold the phone to Gizmodo for 5k. He's a douche who deserves to lose his job (and make way for someone like me who needs a job). I don't feel sorry for engineers who get drunk and lose their company's prototype in a bar.

  91. Loser's identity was already blown before Gizmodo by spirit_fingers · · Score: 1

    The 4G iPhone that Apple bought from the guy who found it had already been bricked remotely by Apple. So they knew it was lost and they had to know who lost it. Gizmodo didn't out him. His carelessness did.

  92. Re:How many more Apple Marketing Announcements tod by The+End+Of+Days · · Score: 1

    Yeah, actually, that sits on the top of my page unchecked. I have adblock so it's six of one, half dozen of the other. I also don't bother enabling the karma bonus because that just seems like masturbation.

    Did you have a point, or did you just want to chat?

  93. No harm done for Apple by u01iz · · Score: 1

    IMHO, not only the incident was not harmful for Apple, but it was a good 3 day publicity(if not more), so the stunt theory applies.

    We already knew the OS, we knew the device updates that were going to come, so what new was revealed? The flat back? big deal. 3 months before release and all we saw was a new device shape.

    Apple knew the device and who lost it, so exposing the source publicly was a good move.

    Only for a source leakage would be "immoral" to reveal the source.

  94. Re:Loser's identity was already blown before Gizmo by spirit_fingers · · Score: 1

    Oops, I meant to say that the 4G iPhone that Gizmodo bought...

  95. Re:How many more Apple Marketing Announcements tod by MobileTatsu-NJG · · Score: 1

    Are you saying that when you check that I don't see ads?

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  96. Gray much? by FF8Jake · · Score: 1

    PatHMV: Gray?
    Jules: What country are you from?
    PatHMV: What? Gray? Wh - ?
    Jules: "Gray" ain't no country I've ever heard of. They speak English in Gray?
    PatHMV: Gray?
    Jules: English, motherfucker, do you speak it?
    PatHMV: Yes! Yes!
    Jules: Then you know what I'm sayin'!
    PatHMV: Yes!
    Jules: Describe what Marsellus Wallace looks like!
    PatHMV: Gray?
    Jules: Say 'gray' again. Say 'gray' again, I dare you, I double dare you motherfucker, say 'gray' one more Goddamn time!

  97. This happened to me by Lewie · · Score: 1

    I lost my phone in a bar in Wisconsin and found it three months later in my bedroom in Vermont. I wish it had GPS, it could have told me where it had been.

    --
    This sig washed every five years whether it needs it or not!
  98. What's all this noise about "ethics"? by Rogerborg · · Score: 2, Funny

    I "find" stuff all the time. It's like... recycling. Just the other week, I "found" a sweet bike in the park, just leaning against a tree near some total douches playing with a frisbee. Bonus, the seat was still totally warm when I jumped on and pedalled hell for leather away. And talk about the great price that I got when I sold my newly "found" bike down at the local pawn shop!

    Heck, I bet if I could get inside Gizmondo's office by "finding" an open window late at night, I could "find" a truck load of great stuff just lying around unattended, free for anyone to take!

    --
    If you were blocking sigs, you wouldn't have to read this.
  99. Re:How many more Apple Marketing Announcements tod by Lumpy · · Score: 1

    It seems that a LOT of people care looking at the comment count so far...

    Just because you are a sociopath does not mean everyone else is.

    --
    Do not look at laser with remaining good eye.
  100. Shut UP by bonch · · Score: 1

    Oh my god, would people stop posting the retarded claim that Apple purposely did this. When Apple does controlled leaks, they do it by phone, not even email. There was even an article describing what they do.

    This isn't a marketing gimmick. This is real. This engineer may even lose his job.

  101. It happened in a bar because... by robot256 · · Score: 1

    No self-respecting Apple would be caught with a Leek in broad daylight.

  102. Sorry.. by lowestuid · · Score: 1

    Why is this a big deal? Let me guess, the G4 unit is gonna have hmm... let's see, maybe a new ASIC design [smaller features, lower power], uh, faster processor? maybe more ram? BIG FUCKING MYSTERY.

  103. Re:How many more Apple Marketing Announcements tod by sammyF70 · · Score: 1

    same here, which means I don't care about giving /. any page views, which also means I can bitch about Apple Marketing being invasive ... all day long.

    Did you have a point beside being an obnoxious little troll?

    --
    "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
  104. Total Fail... by Zarrot · · Score: 1

    Exposing the Software Engineer was a Total Fail but Apple should have prepared for this contingency and built in a self destruct.

  105. A half-hearted attempt at best by nobodyman · · Score: 2, Insightful

    Yup, and that's why I call bullshit. This guy had the name, home/business phone number, and facebook account. Yet he didn't leave a message on any of those options? Supposing the phone is bricked he *still* has the facebook option.

    It seems pretty obvious that he didn't want the phone to be recovered, but made a half-hearted attempt to cover his ass.

    1. Re:A half-hearted attempt at best by radish · · Score: 1

      Supposing the phone is bricked he *still* has the facebook option

      No, he doesn't. You can't just send messages to random people on facebook, you have to be a Friend - which he obviously wouldn't be. And if the phone's bricked he wouldn't have access to any of the owner's details anymore.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    2. Re:A half-hearted attempt at best by nobodyman · · Score: 1

      A friend request can include an attached message. That would suffice. And we already knew the finder was dialing numbers... just not the most obvious numbers: the owner's home or work phone? Why not try to email "himself". All these things are more obvious than the route the founder took, which tells me he made little effort in the hopes it would not be claimed.

    3. Re:A half-hearted attempt at best by Zebedeu · · Score: 1

      Exactly. I've found mobile phones before, and the first thing I do is call one of the recent numbers, because that'll usualy be someone who know the guy well and will know how to reach him.

      If I wanted to keep the phone, on the other hand, I'd probably just start playing with it, at least until it got bricked...

  106. new addition to my /etc/hosts file by fred+fleenblat · · Score: 1

    127.0.0.1 gizmodo.com www.gizmodo.com

  107. Re:Ethics and decency... sheesh... by AndrewNeo · · Score: 1

    Yeah, because allowing your employees to take top secret standalone devices in public is the best way of keeping something secret.

  108. RTFA by Anonymous Coward · · Score: 0

    Stop the ranting and learn to read. This guy wasnt a "source". He was the poor slob who lost his phone. The guy who found the phone and was paid $5000 for it would be considered the "source" in this matter.

  109. Cue Meme: by mistapotta · · Score: 1

    Adolf Hitler rant about missing iPhone in 3...2...1...

  110. Criminal? by mseeger · · Score: 1

    Hi,

    selling a thing lost by someone else or buying it and then breaking it, all this would be punishable by law here in germany. A state attorney could use terms like "theft", "fencing" and "malicious mischief".

    Are the laws so different in the U.S.? Taking pictures of something you found is OK. But keeping, selling, buying (when knowing it has not been legally obtained) or intentionally breaking it, could get you in trouble.

    Besides: IMHO it's bad manners.

    CU, Martin

    1. Re:Criminal? by geekoid · · Score: 1

      How is it theft if you find something? IN the US, we're a moer finders keepers with these kind of items.

      "Besides: IMHO it's bad manners."

      I agree, but bad manners doesn't make it a crime.

      "(when knowing it has not been legally obtained"
      He found it, and that is perfectly legal.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Criminal? by mseeger · · Score: 1

      He found it, and that is perfectly legal.

      Are you sure? I couldn't imagine such and found this inside Wikipedia: Mislaid Property.

      CU, Martin

      P.S. I mislaid my mobile phone more often than i can count. I got it back every time (until now), but it was never such interesting bait as this find.

    3. Re:Criminal? by DaveV1.0 · · Score: 2, Informative

      Yeah, hate to break it to you, but the law of the land is not "finders, keepers". The law requires the finder of a lost item to attempt to return said item to the owner, generally by turning it over to the police. After a period of time, which is set by law, unclaimed property is turned over to the finder.

      The crime was not in finding the item, but in selling it to a third party. The third party can be liable if he knew or reasonably should have known said item was not the sellers, i.e. if one purchases a top of the line blu-ray disc player, new in the box, for $100 from a guy selling several of them out of the trunk of his car, one can reasonably assume that they are stolen. Failing to ask if the seller is the owner or an authorized agent is no excuse and can be seen as willful ignorance which, in turn, is evidence of guilt.

      Refusing to return found property is theft.
      Selling found property without following the found property laws is theft.
      Demanding a reward to return found property is extortion.

      Maybe you should check out your local laws and post them here. Or, if you are too lazy, post what state and city you live in and I will post them.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    4. Re:Criminal? by Anonymous Coward · · Score: 0

      i know this is complicated for a lot of people here, but sometimes(maybe even often), someone's ownership of things applies even if they arent physically there to enforce it...

    5. Re:Criminal? by 99BottlesOfBeerInMyF · · Score: 1

      Are the laws so different in the U.S.? Taking pictures of something you found is OK. But keeping, selling, buying (when knowing it has not been legally obtained) or intentionally breaking it, could get you in trouble.

      State law varies but as far as I can tell, keeping the phone he found was a crime because he did not report it to the police and wait 90 days before they returned it to him and he resold it. Moreover, in California taking those pictures and publishing them may well be a crime too. California has strict laws to protect the dissemination of trade secrets.

    6. Re:Criminal? by Anonymous Coward · · Score: 0

      He found it, and that is perfectly legal.

      No, it isn't. Why are so many people perpetuating misinformation in this thread?

      You do (in most states) have an obligation to seek out an item's owner.

      This makes logical sense.

      Otherwise you could claim that someone dropped something when you in fact picked their pockets.

    7. Re:Criminal? by Wovel · · Score: 1

      Your knowledge of the law is umm poor at best. We are not a nation of Finders / Keepers. There is a specific process to be followed in California and it was not (We know this because it takes more than 90 days from find to sell).

    8. Re:Criminal? by pacergh · · Score: 1

      It is a crime in every state to receive stolen property. By not trying to find the phone's owner, or leaving it with the bar, the 'source' kept property that was not their own. At the very least this is trespass to chattels or conversion, at the worse this is misdemeanor (or felony in some states, based on the phone's value) theft.

      So yes, in the U.S., non-legal shenanigans occurred.

      Gizmodo may get off for this. A prosecutor would have to prove they knowingly received stolen goods. Then again, seriously? Anyone believe they didn't know the phone wasn't the guy's they bought it from?

      Worst, though, is that by naming and shaming the poor guy who lost it Gizmodo is now liable for invasion of privacy and possibly some other statutory civil lawsuits.

      Perhaps the Gawker folks should stick to harassing celebrities, where the First Amendment protects them, rather than Apple engineers.

  111. Just damaged tech journalism by mpfife · · Score: 2, Insightful

    Very unprofessional - and very, very short-sighted of Gizmodo which has now damaged tech journalism.

    Thought experiment: What was gained/lost in this exchange?
    People now know Gizmodo will out your name if they can find out who you were. Instead of just saying, "we know the employee's name and have verified they are in fact an employee of Apple" - that should have sufficed to add all the credibility they needed and a touch of class. Instead, they out the guys name publicly in a move that smacks of high-school nerd dramatics "SEE! We're so clever in our hackery that we can even get the guy's name and publish it all over the inter-webz!"

    Results:
    They look like a dangerous news outlet. If someone does have a big tech story that requires confidentiality, they'll look at Gizmodo, and possibly tech journalism in general, and think twice about talking to someone that is an outer of names. I certainly wouldn't trust my privacy to these guys now - even if it's the case that I go to them. They have come off very unprofessional and amateurish. Welcome to The Inquirer-level journalism standards Gizmodo - you just hurt your own industry.

  112. Re:Loser's identity was already blown before Gizmo by RazorSharp · · Score: 1

    You miss the point. The problem is the outed him to the public, not Apple.

    --
    "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
  113. No Gizmodo for me by SeanBlader · · Score: 1

    And releasing the name is definitely uncalled for. That's why I don't visit Gizmodo.

  114. Re:How many more Apple Marketing Announcements tod by sammyF70 · · Score: 1

    name calling? how cute.

    if you feel so strongly about Apple news, why don't you go to the first post and post THERE? it's stating exactly what I said, just in other words.

    --
    "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
  115. Apple sent Gizmodo a letter. by MXPS · · Score: 0
  116. Re:Even if it was a deliberate leak, this employee by plover · · Score: 1

    going to lose some job opportunities as a result of getting outed. Real dick move by Gizmodo.

    Why would he lose his job? Mistakes happen. Costly mistakes happen. This man is the one single person in the whole Apple company who will never, ever in his life lose another iPhone. Why fire him when the company just paid a lot for his education?

    Because if they whip him and crucify him and publicly humiliate him, everyone at Apple will never, ever lose another tech prototype, ever. Without the outwardly visible pain, nobody else will worry too much about taking care of their stuff.

    --
    John
  117. blame Apple by pydev · · Score: 1

    This guy was already screwed but Gizmodo decided to utterly destroy his career and reputation -- all for a few more clicks. Total dick move.

    At the heart of the problem isn't Gizmodo or the programmer, it's Apple and their idiotic secrecy. There is nothing particularly interesting or compelling about this device. There is no reason to keep it so secret. And if there were, they shouldn't let people take it out of the building.

    But, of course, that's where the story doesn't add up. Apple regularly raids their own employees' iPhones and workplaces. Do you believe for a moment that a 27 year old programmer gets to stroll out with a super-secret prototype and nobody notices? The thing has GPS tracking and plenty of other features.

    No, the whole thing is just another Apple marketing scam to drum up business and buzz for an otherwise entirely boring device.

    1. Re:blame Apple by BasilBrush · · Score: 1

      But, of course, that's where the story doesn't add up. Apple regularly raids their own employees' iPhones and workplaces. Do you believe for a moment that a 27 year old programmer gets to stroll out with a super-secret prototype and nobody notices? The thing has GPS tracking and plenty of other features.

      When I used to work in mobile phone development, absolutely I had prototype phones months away from release that I carried around and used as my own. Including when I went to a bar to get drunk. As did a large proportion of the other engineers I worked with. Phones have to be tested in real life before they can be sold to the public. That's how defects are found and fixed before the device goes on sale.

      There have certainly been rumours of Apple searching the computers and phones of employees of certain teams when investigating specific leaks. I'm not sure that counts as "regularly". And what it has to do with this story is unclear. As the story is told by Gizmondo, the phone had been remotely disabled by morning. Which suggests that as soon as the employee realised the phone had been lost or stolen, he reported that fact back to HQ.

      As to your ignorance of the value of keeping trade secrets, I can't even be bothered...

    2. Re:blame Apple by Wovel · · Score: 1

      Actually the heart of the issue is the thief and the fence...

    3. Re:blame Apple by jeremyp · · Score: 1

      At the heart of the problem isn't Gizmodo or the programmer, it's Apple and their idiotic secrecy.

      It's standard practice for manufacturers to keep their products under wraps. There's nothing idiotic (or at least more idiotic than occurs in other companies) about Apple's secrecy.

      There is nothing particularly interesting or compelling about this device.

      Gizmodo paid a man $5,000 for a phone that is apparently stolen under Californian State law. Clearly they found it interesting and compelling.

       

      And if there were, they shouldn't let people take it out of the building.

      Do you think any mobile phone company would allow its products to be sold before doing proper field tests.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    4. Re:blame Apple by pydev · · Score: 1

      And other companies tend to already have announced their phones by the time engineers get drunk while carrying them around.

      What's so striking here is the contrast between Apple's secretiveness and how boring the device actually is.

    5. Re:blame Apple by BasilBrush · · Score: 1

      And other companies tend to already have announced their phones by the time engineers get drunk while carrying them around.

      Still wrong. I've carried phones by Nokia and Sony Ericcsson, using them as my own, including in bars, months before they've been announced.

      What's so striking here is the contrast between Apple's secretiveness and how boring the device actually is.

      What's so striking here is how your hatred of a particular company causes you to spout nonsense about topics you know nothing about.

    6. Re:blame Apple by jo_ham · · Score: 1

      What are you smoking? Product secrecy is extremely important to large companies.

      VW built their 60 mile test track in a no fly zone on purpose so that competitors couldn't fly aircraft or helicopters near it and obtain pictures of prototype vehicles. Land Rover employs people to "annoy" (since they cannot legally do anything else on public land) photographers that hang out near their factory and send out test vehicles disguised with cardboard body panel covers and false detailing.

      It is utterly standard practice for a company to keep an upcoming, unannounced product secret - the only reason Apple gets such severe press is that a lot of people are interested in those products and are willing to go the extra mile to get them.

      Whether the device is boring or not, and as an incremental update to the iPhone it's hardly the second coming, this is unlikely to be a stunt from Apple. For a start, Gizmodo bought the device for $5000 knowing it was stolen - or rather "found" and not reported to the police.

      "No reason to keep it secret" - how do you know? What if the prototype is one of several different designs? What if it contains features that are ultimately not included for some reason? Nothing like the public scrutinising your prototype and drawing up a list of features only for one of them to be dropped in the release product. Now you have a disappointed group of people who were expecting it to do something it doesn't do. Without the knowledge of the prototype, that issue doesn't arise. Ask Blizzard about being bitten by that one many times, which is why they do not release information about unfinished patches or games unless they are 100% certain of the feature now - they no longer discuss their thought process and testing iteration because it leads to some fans calling them on "promised" features or mechanics that were never promised in the first place.

  118. Bad form. by geekoid · · Score: 1

    That's bad form Gizmodo. Hows a complete lack if professionalism and integrity.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Bad form. by mjwx · · Score: 1

      That's bad form Gizmodo. Hows a complete lack if professionalism and integrity.

      Professionalism and integrity from the company that used a TV-B-Gone at a CES presentation, methinks you are expecting too much.

      This whole thing reeks of an ad story, the HTC Incredible and Evo are being released around the same time so Apple want to get their name back in the news as cheaply as possible. Gizmodo have their tongue planted so far up Apple arse it's become a park bench at 1 Infinite Loop so this has all the hallmarks of a carefully orchestrated ad campaign, Jobs and the Marketer, I mean Engineer who lost the phone are probably toasting their success with a nice bottle of Bollinger and lightly sautéd kitten.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  119. Let me get this straight by clyde_cadiddlehopper · · Score: 1

    So ... Apple cooked this up knowing that we would think it was a marketing ploy if they didn't fire the guy, but then knowing that we would still suspect hijinks even if they DID fire the guy, and so they would fire the guy anyway just to throw us off the scent, which of course would not work because we would suspect them of concocting a clever marketing gambit no matter what. Right? The dude is screwed.

    --
    Obi-Wan: "I felt a great disturbance in the Force, as if millions of voices suddenly cried out in terror and were sudden
  120. Re:Slashdot, Apple whoremongerer? by hduff · · Score: 5, Funny

    I like the Apple stories because they inform me of technology I can either live without or obtain elsewhere cheaper. It's the app for that.

    --
    "I believe in Karma. That means I can do bad things to people all day long and I assume they deserve it." : Dogbert
  121. Re:How many more Apple Marketing Announcements tod by Anonymous Coward · · Score: 0

    So... what, you're too weak willed to just scroll past it?

  122. i hope its not your tin foil hat youve taken off by Anonymous Coward · · Score: 0

    i hope its not your tin foil hat youve taken off

  123. Loser? by zill · · Score: 1

    Main Entry: loser
    Pronunciation: \lü-zr\
    Function: noun
    Date: 1548

    1 : a person or thing that loses especially consistently
    2 : a person who is incompetent or unable to succeed; also : something doomed to fail or disappoint

    It can't #1 because Apple wouldn't let an employee who loses prototype consistently handle the latest and greatest Jesus phone.

    It also couldn't be #2 because he managed to become Apple's #2 most well known employee overnight. Even if Apple fires him, he'll have thousands of job interviews lined up (though most will end with "We're not actually hiring, I just wanted to shake the hand that touched the iPhone 4G").

  124. I, for one by Dr.+Evil · · Score: 1

    welcome our Apple overlords

  125. re: Legality of "found" goods by malice · · Score: 2, Informative

    I wondered the legality of this whole situation myself. As it turns out, the item would be considered "mislaid property" and what the person who found it was supposed to do was leave it with the property owner (the bar in this case) on the theory that the person would return to reclaim their mislaid item.

    Given that this didn't transpire, the finder of mislaid items is the new owner, unless the original owner returns to claim it. The law also talks about the new finder making a "reasonable effort" to return the mislaid item.

    The finder did apparently did try to contact Apple... but has since sold it to Gizmodo. Apple has made a formal demand for the property being returned to them, so it will be... but the damage has already been done, to an extent. I wonder if Apple has any recourse at all.

    Here's the CA penal code on the matter: Lost and Unclaimed Property. Article 1. Lost Money and Goods.

  126. Re:Even if it was a deliberate leak, this employee by Daengbo · · Score: 1

    Opportunity through obscurity? Can't count on it. ;)

  127. Re:Even if it was a deliberate leak, this employee by Americano · · Score: 1

    If I'd had the opportunity to be working on integral components of one of the most recognizable devices on the goddamned planet at the age of 27, I sure as hell would've been working 90 hours weeks too.

    Or do you not understand the concept of "resume building"?

  128. Legitimate? by hellfire · · Score: 1

    Blogs and websites like to claim that they are as legitimate as broadcast and, dare I say it, print journalism

    I hope when you mean legitimate broadcast journalism, you mean NPR and BBC, right?

    --

    "All great wisdom is contained in .signature files"

  129. iPhone G4? by Anonymous Coward · · Score: 0

    Meh. G4 is so 1999. I'm waiting for the Core2 iPhones.

  130. PR STUNT by Anonymous Coward · · Score: 0

    This guy will not lose his job. gizmodo and engadget will be allowed to attend future apple events which will be all the proof we needed to know this was an apple PR stunt!

  131. sic by Itninja · · Score: 1

    "...handle it internally with young [name redakted]... "

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
  132. Re:Even if it was a deliberate leak, this employee by multi+io · · Score: 2

    90 hours/week... This guy is insane and should get a better job.

    Maybe he already has an incredible job, which is the reason he works 90 hours/week in the first place.

  133. How would this ruin his career? by dos.one · · Score: 1

    I mean sure, for the next 2 days everyone who reads slashdot or apple blogs will know who this guy is. I don't see how this could possibly ruin his career though. In a week his name will be forgotten. Besides, I would bet that 4 out of 5 IT hiring managers will never have any idea who this guy is. Even if you did, the guy was good enough to get a job at Apple, so he's probably fairly skilled. Why wouldn't you hire him? I would just make sure to keep sensitive prototypes out of his hands though....

  134. Yeah, it's Gizmodo's fault by tgibbs · · Score: 1

    "Not content with its iPhone scoop, Gizmodo has probably ruined the career of a young engineer. The tech blog last night exposed the name of the hapless Apple employee who had one German beer too many and left a prototype iPhone G4 in a California bar some 20 miles from Apple's Infinite Loop campus.

    Yeah, right, because we all know that Apple really doesn't really care much about security, so they probably don't bother to keep track of the individual prototypes and who has them. They'd surely never have known whose phone it was if Gizmodo hadn't told them.

    1. Re:Yeah, it's Gizmodo's fault by Anonymous Coward · · Score: 0

      Of course Apple knows. However, for the rest of this guy's life, this story will probably be the first result when you google his name. Did you think about that?

  135. Re:How many more Apple Marketing Announcements tod by The+End+Of+Days · · Score: 1

    No, since that's the only point to Slashdot.

    Incidentally, considering your point, you either replied to the wrong person or you really need to learn how to direct your bad feelings.

  136. Re:How many more Apple Marketing Announcements tod by Anonymous Coward · · Score: 0

    What is it that you do not understand, this is NOT apple news. Did you even read the summary?

    Wow, really showing off your social skills there. looks like Lumpy, and others here, nailed it on the head.

    Stop foaming at the mouth when the word apple appears on your screen, or take your meds.

  137. Gizmodo suck assholes by thetoadwarrior · · Score: 1

    Seriously, they have no journalistic integrity. Not that they really are journalists but they're pretending to be so they should act the part that they causing a huge shit storm to get even more hits. I hope the guy who gave up his name loses his sack in some weird accident involving a clown.

  138. Why did he have the phone? by dindi · · Score: 1

    Quick question:

    Why do Apple employees carry around such prototype devices? If the phone is such a secret, it should stay at the lab, no employee should have it with him at a BAR, where phones, wallets, virginity and other things get lost regularly after alcohol consumption!

    Just my question, really .... if it is a secret keep it under a damn lock. Now to the guy who lost it: I never lost a phone and I would be extremely careful with a top secret prototype phone, so what else is there to say?

  139. Fuck this guy, seriously. by cti · · Score: 1

    This douche-bag's sheer stupidity is the thing that makes me suspect a marketing ploy.
    Why are so many of you on this moron's side?

    He didnt make a mistake, he made a stupid decision.

    There are a lot of people going on about "well things get lost" and "if it was you you wouldn't think it was funny". I lose a lot of shit, especially when I'm drunk, thats why I don't bring my collection of faberge eggs, briefcases full of diamonds, next generation-unreleseased-superhype devices or any other $irreplaceableItems out to the bar....i might get drunk and forget them.

    If we are to believe the idea that "maybe it was being tested in bar scenarios" its more than possible to be at a bar without being too drunk to know where your shit is at, and test a phone, getting drunk while doing "work" is just plain irresponsible(most of the time anyway).

    If your employer trusts you with a hush hush device, and its your birthday, knowing you will be getting sloshed, why not leave it at home? If he couldn't resist the urge to show off this stupid thing, or just wanted to have it near him on his most special day, then he's an idiot and should be fired, and no one should hire him. No matter how good his code is, he doesn't seem to be able to make the rational, adult decision to not bring his company's stuff out when he's getting fucked up, the dude is a huge liability. Are we supposed to believe that this is the first time this guy got drunk? That he's never heard lady gaga's "Just Dance" and the idea of losing a cellphone at a bar is outside his imagination?

    lastly, who the fuck leaves ANY cellphone (even well past shitfaced) on a barstool, nevermind one thats not supposed to exist? I call shenanigans.

    conspiracy theory {
    Maybe Apple told Gizmodo the only way they wouldn't sue their pants off is if they disgraced this fool who lost the phone in the first place...
    }// conspiracy theory

  140. Lost and found? by dhammond · · Score: 1

    A lot of people are saying that the guy that found the phone should really have turned it into the police, and that would make sense if he found it on the street. But he found it in a bar, which surely has a lost and found box of some sort. If you really wanted to get the phone back to its owner, why wouldn't you give it to the bartender in case someone comes looking for it?

    1. Re:Lost and found? by engele · · Score: 1

      This is exactly what a normal person would do I would hope. Then again not everyone cares for anything more than themselves. Who knows, maybe the guy thought he would keep it until he realized it wouldn't restore in itunes.

  141. When does marketing ruin lives? by SuperKendall · · Score: 1

    It *IS* a marketing ploy.

    So marketing now involves ruining an engineers career?

    I find that incredibly unlikely, no matter how much money you offered an engineer they would not want their name drug through the mud like that.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:When does marketing ruin lives? by cpotoso · · Score: 1

      Then it shows that apple is incredibly (really incredibly, meaning I cannot believe it) incompetent! (letting a highly secretive device out with all the logos and identifiers to make sure if any mishap happened---and you can be certain that at some point errors will happen---then the secretive prototype could be clearly identified as legit). I rest my case :-)

    2. Re:When does marketing ruin lives? by osu-neko · · Score: 1

      Then it shows that apple is incredibly (really incredibly, meaning I cannot believe it) incompetent!

      This coming from the person who says he's make sure the prototype had no logos at all on it. You might as well just print "SECRET PROTOTYPE" on the case if you're going to try to make it that obvious...

      --
      "Convictions are more dangerous enemies of truth than lies."
  142. Jerks by Anonymous Coward · · Score: 0

    I'm never reading gizmodo again.

  143. Re:How many more Apple Marketing Announcements tod by knappe+duivel · · Score: 1

    as in : WHO CARES?

    you do, else you wouldn't have taken the trouble to post

  144. Re:Loser's identity was already blown before Gizmo by Beelzebud · · Score: 1

    Something tells me Apple wouldn't post his name and picture on the internet.

  145. Re:Even if it was a deliberate leak, this employee by Golddess · · Score: 1

    Not job, job opportunities.

    For example, he may still be employed with Apple, but he'll no longer be a part of any project consisting of developing new gadgets.

    --
    "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  146. Protecting your sources by SilentSage · · Score: 2, Interesting

    This guy is not only a grade A bastard he should be trusted even less than the person who coughed up the I-phone. The kid who leaked the I-phone did it on accident. He was careless. Gizmodo intentionally burned their source even going so far as to post screen caps of his facebook page and his picture on one of the most widely read tech blogs on the internet. Not even the lowest of tabloids will reveal a source like Gizmodo did. Gizmodo in general should be shunned and that bastard Jesus Diaz in specific should be fired and no media outlet should ever hire him again.

  147. Re:Even if it was a deliberate leak, this employee by V!NCENT · · Score: 1

    It's a phone. You throw away your entire social life to work on mobile... phone...

    Good luck building your resume... I, for one, would like to look back on my life when I'm on my deathbed thinking I had the time of my life, met awesome people, did awesome things and had a lot of fun.

    This guy would probably look back and think: If only I didn't waste my youth designing a mobile phone with the logo of a shiny piece of fruit on the back so that I could afford to live somewhere with a bigger backyard.

    My $0,02...

    --
    Here be signatures
  148. Re:Even if it was a deliberate leak, this employee by V!NCENT · · Score: 1

    Awesome job: it stresses you out so much that while sleep derived you forget your mobile phone that is sooooooooooooo special to you that you can't even remember to put it back in your pocket after you made a call.

    --
    Here be signatures
  149. Re:Even if it was a deliberate leak, this employee by NeverVotedBush · · Score: 1

    I agree completely about the dick move but I don't think it was an intentional leak. Gizmodo sucks for doing what they did to the guy.

    I won't be going back to Gizmodo. That kind of behavior is just unacceptable. It's low. It's despicable.

    I really can't believe they thought it newsworthy to ruin the guy's career like that. All I hope is that their own personal details get splashed all over the web.

  150. Re:Even if it was a deliberate leak, this employee by Americano · · Score: 1
    Yes, and you work on that phone for a couple years, and pretty much can write your ticket to any other mobile device company you want to work at.

    Given that he was out getting pissed on good German beer, I think it's likely that he hasn't "thrown away his entire social life" to work on a mobile phone. The hours are long, but if - as an engineer - the work is something you enjoy, then why not work your ass off when you're young and don't have the responsibilities of a home, family, etc. to keep up with as well?

    Good luck building your resume... I, for one, would like to look back on my life when I'm on my deathbed thinking I had the time of my life, met awesome people, did awesome things and had a lot of fun.

    And that can't be done while working on one of the hottest tech products around? Some people actually enjoy the work they do, work with awesome people, and would call "being a major contributor to a device that tens of millions of people around the world use for hours every day," "pretty awesome."

    You seem to view work as something which must be dull, boring, and soul-crushing. I feel sorry for you, if that's the type of work you do.

  151. Well Duh! by Aklyon · · Score: 1

    Of course Apple wants their secrets back, its Apple. not as much of a secret anymore, but still.

    --
    I reserve the right to have a physical object so I can sell it later, and recover my money.
  152. nonsense. Apple knew who it was by Anonymous Coward · · Score: 0

    Nonsense. Apple already knew who it was. He probably self-reported that night or the next morning, which is why it was bricked almost immediately.

    OP is a tard, there is no way in hell Apple didn't already know who lost the phone, and it is Apple's own penchant for secrecy that kept them from getting the phone back right away. If they'd just re-activated it and called it, they may have gotten the phone back within a day or two.

  153. Tort Claim by rahvin112 · · Score: 1

    The best part is the engineer in question now has a tort claim against Gizmodo for destroying his lively hood. There is a clear case history on stuff like this, if they deliberately and with malice harmed his career then they are going to owe him a lot of money. The story in question is a deliberate attack on the engineer and given the persistence of the internet the engineer in question will have a hell of a time ever finding another job and that's a civil tort claim in the waiting.

    The engineer in question has probably already started talking to lawyers and in the state of California the law heavily favors the employee that was harmed. Gizmodo was very very stupid in trying to cover up their handling of stolen property. Not only will they face criminal charges along with the guy that sold it to them but they face a major civil tort. It was very foolish to run that story without passing it through some lawyers. Being the press doesn't shield you from stolen property laws or torts for destroying someones career.

    1. Re:Tort Claim by Anonymous Coward · · Score: 0

      Yep. At the least it's clear invasion of privacy. First Amendment doesn't apply here because this dude isn't famous and his details weren't necessary for the newsworthy part of the story.

      Journalistic ethics fail; legal counsel fail.

    2. Re:Tort Claim by belmolis · · Score: 1

      How so? In the US, truth is an absolute defense to defamation, so he has no defamation claim. I don't see a privacy-related tort here. I agree that what the Gizmodo people did was rotten, and they may well be criminally liable for receiving stolen property, but I don't see the basis for a tort claim by the guy who lost the device. What is the cause of action that you envision?

  154. How does this hurt anyone? by sr8outtalotech · · Score: 1

    This is guerrilla marketing. This isn't hurting anyone. I suspect some folks in Apple's PR and Marketing departments are going to be laughing all the way to the bank when they deposit their bonuses. This has generated a huge amount of free publicity for the next gen $Phone.

  155. But the "value" might be under $100 by billrp · · Score: 1

    I thought the iphone manufacturing cost is less than $100, so this could be Gizmodo's defense.

    1. Re:But the "value" might be under $100 by eharvill · · Score: 1

      I'd say the value was about $5000. :-) I guess it boils down to how the value of an item is determined.

      --
      At night I drink myself to sleep and pretend I don't care that you're not here with me
  156. Re:Even if it was a deliberate leak, this employee by V!NCENT · · Score: 1

    And that can't be done while working on one of the hottest tech products around?

    If it is your own product? Than yes. If you are just 'part' of a team and you do not get artistic freedom? Then, at least for me, that would be a giant no go. Well... not a no-go, just not worth of doing 90 hours/ week. Imagine you would instantly sleep when you go to bed (8 hours), you work from monday till sunday, all freaking year-in-year-out, and with only 3 hours of spare time per day and not counting time to travel. You might want to rethink about it now? Also not counting ANY breaks. So you'll pretty much sleep at Apple...

    And that can't be done while working on one of the hottest tech products around? Some people actually enjoy the work they do, work with awesome people, and would call "being a major contributor to a device that tens of millions of people around the world use for hours every day," "pretty awesome."

    Of course. However I would never trade my life for not being recognised for something I am not solely responsible for and my name would never be known for and thus not recognised.

    My brain works a little different. My pressure is fixing what is in my mind not right. If I see a plastic MP3 player from cheap ass company X, the first thing I think is "Why the hell not shape it like this, rearange that, name it Y and change the freaking [insert_something_here_followed_by_:]tronics name into Z.

    Working at Apple would never put me in such a position.

    You seem to view work as something which must be dull, boring, and soul-crushing. I feel sorry for you, if that's the type of work you do.

    I do actually currently doing such a thing, but only for half a year to earn money to go something in my country that is considdered university grade in the USA.

    --
    Here be signatures
  157. Gizmodo Crimes by Srsen · · Score: 1

    This has to be trafficking in stolen goods at a minimum, no? You could make an argument for industrial espionage too. This could get even more interesting if charges are filed. IANAL

  158. Can't get to gizmodo . . . by milonssecretsn · · Score: 0

    I think they are being DOSed.

    Sweet sweet natural internet justice . . .

    --
    Hey, I was only kidding. You don't have to MOD me "Troll" . . . again . . . .
  159. Photo of Steve Jobs's Office by jamrock · · Score: 2, Funny

    According to John Gruber, this photo of Jobs's office was taken early yesterday.

  160. Slashdot restores my faith! by Anonymous Coward · · Score: 0

    I though I was the only person on the technosphere who found Gizmodo's behavior in this distasteful. They bought what has effectively stolen property, vandalized it, publicly gloated about it, and capped it by a violation of privacy. Real class.

  161. Re:Loser's identity was already blown before Gizmo by Descalzo · · Score: 1

    Is it important that this wasn't a "leak"? This dingdong who leaves his phone out was not risking anything to get the information out there. He was a dumdum who left his phone at a bar after getting too loaded and showing it off to some honeys. Why is it so important to protect his identity? But they do seem to be protecting the identity of the true leaker, the guy who found the phone, realized what he had, and gave it to the news outlet that would be best suited for publishing.

    --
    I cried real tears when Li Mu Bai died.
  162. Re: If Apple fires him... by colinnwn · · Score: 1

    I'll be less likely than I already am to buy future Apple products.

    Of course they are within their rights to fire him. But assuming he was authorized to have a prototype off-campus and in public use, Apple had to accept the obvious and common risk that the device might be lost. People lose their keys, wallets, purses, and cellphones all the time.

    No it wouldn't be illegal to fire him, but I would consider it immoral as they put an employee in an obviously compromising position without reasonable protection. And I won't do business with companies that treat their employees as wantonly as that.

  163. minor clarification by Gary+W.+Longsine · · Score: 1

    The mouth breathers at Gizmodo (presumably) possess assholes (one, each) but they *are* window-lickers.

    --
    If you mod me down, I shall become more powerful than you could possibly imagine.
  164. Re: not a valid comparison by colinnwn · · Score: 1

    "Good thing its not a defense contract, and just a next generation piece of consumer electronic gadgetry."

    As I said in another thread, assuming he was authorized to have the unit off-campus and publicly use, your comparison is invalid. A defense company would specifically prohibit taking hardware out of a secured area. So if a unit was lost, all people who might find it are also authorized to see it and would probably return it to the correct person. Apple must accept the risks of allowing use of prototypes in the wild, and not punish him any more than they would for accidentally losing any other piece of company equipment with a similar retail value

  165. juvenile by Anonymous Coward · · Score: 0

    i can just imagine it ... a bunch of guys at gizmodo getting all giggly as the ad revenue rolled in from all the hits .."hey, let's publish the guys name ...", "ya, lets do it" ... followed by big i'm so smart smiles ... juvenile idiots

  166. Mod Parent Up! by LoverOfJoy · · Score: 1

    This would have been the responsible response.

  167. Drinking while using an iPhone by dataninja · · Score: 0

    Drinking while using an iPhone is a crime in the state of Arizona. Seriously, the Apple employee should have been more responsible in the end it's his fault for loosing the prototype. I wouldn't allow a drunk network engineer to work on a core router.

  168. Nice try... by RichiH · · Score: 1

    [...] three [...] out of the last 26. [...] You people claiming Slashdot is full of Apple articles are full of shit.

    Full of shit I might be, but do me a favour and count how many stories there are about any other company. Oups.

  169. Re: If Apple fires him... by UnknowingFool · · Score: 1

    No it wouldn't be illegal to fire him, but I would consider it immoral as they put an employee in an obviously compromising position without reasonable protection. And I won't do business with companies that treat their employees as wantonly as that.

    How is it immoral? He made a mistake. People get fired for mistakes. It's not very compassionate but it's not immoral. And remember Apple is a business and this kind of thing happens all the time in businesses. If your best account manager tells an off-color joke after hours that offends your biggest client and they want his/her head, do you fire him/her? It may not be nice but it happens.

    No it wouldn't be illegal to fire him, but I would consider it immoral as they put an employee in an obviously compromising position without reasonable protection. And I won't do business with companies that treat their employees as wantonly as that.

    Apple didn't put him in a position to lose the phone; the employee made a number of choices including taking it out to bar. The employee could have left it in a car, at the office, etc. The employee could have not had as many drinks and have been less inebriated. The employee could have not accepted having a prototype. These are choices the employee made.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  170. Another way to spin this... by RichiH · · Score: 1

    I agree that this was a dick move by Gizmodo. But... at least now that the name is in the open, Apple will not be able to fire him in the near future. They may be the behemoth of doing whatever the fuck they want, but this would be _bad_ PR.

  171. Re:Slashdot, Apple whoremongerer? by Anonymous Coward · · Score: 0

    I like the Apple stories because they inform me of technology I can either live without or obtain elsewhere cheaper. It's the app for that.

    I agree, If I want a new stylish, shiny overpriced, under powered piece of #%@$ I just check for Apple stories. It makes me feel all warm inside..

  172. The more interesting name by Anonymous Coward · · Score: 0

    The more interesting name would be the name of the guy who found it and sold it to Gizmodo for $5K... Who cares about the guy from Apple who lost it, he's just a poor sap.

  173. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  174. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  175. Re:Loser's identity was already blown before Gizmo by spirit_fingers · · Score: 1

    Something tells me Apple wouldn't post his name and picture on the internet.

    This whole thing is no big deal. Yes, being outed by Gizmodo might have had serious consequences for the guy if Apple hadn't already known who lost the prototype. But they did know. They had bricked the phone remotely before Gizmodo acquired it. At the most, Gizmodo is merely an embarrassment for him. He's a big boy--he'll get over it. Gizmodo is just covering their ass in case Apple tries to claim that this was stolen property instead of something lost due to an employee's carelessness.

  176. Bottom Line by engele · · Score: 2, Insightful

    Regardless of what people think off the top of their heads. When you find a phone in a bar, store etc. you ask if the place has a "lost and found" and turn it in. It's likely the owner will come back for it. You don't take it home and play with it. Also selling it to a website is not particularly ethical, knowing that it is a prototype. On Gizmodo's side, they didn't know that the phone was not stolen and took the seller at his word, then went ahead and instead of calling Apple to return what didn't belong to the original guy, or them, they took it apart and reported on it. It's always fun to read about these 'leaks,' but in this case there were clearly some unethical things done. This hurts everyone except Gizmodo and the seller. It was selfish on both Gizmodo and the sellers part to put the report and pictures online. I did go look at the pictures though, and now I feel badly for supporting Gizmodo by checking it out and adding to the page count.

  177. Plutonium in my pocket by mapuche · · Score: 1

    I rememeber my first class of Modern Physics Lab at college. This class was held at the 5.5 MeV accelerator of the university. The professor enters into the room and says we are going the calibrate the machine, Maria. Then he puts his hand inside his pocket and brings out a small cilinder with plutonium. Since this day I understood something is wrong with experimental scientists.

  178. From Gizomodo: by Anonymous Coward · · Score: 0

    Sacrificing Gray Powell

    While the outing of Apple engineer Gray Powell was inevitable—his name was going to come out anyway, and there is a real if slight chance that foisting him into the public eye might help him keep his job at Apple—I think the way we did it was incredibly tacky. I've said my piece to my co-workers, but I bring it up here because it's important for another reason.

    Do you really think Apple would hang one of its engineers out to dry like this? Gray Powell is a real person—hell, he's just a kid—who will now spend the rest of his life or at least the foreseeable future of his career living down one of the biggest gaffes in tech history. Apple may be cruel, but I don't think they're that evil.

    1. Re:From Gizomodo: by exomondo · · Score: 1

      his name was going to come out anyway

      How do you figure?

  179. Justice. by Valdrax · · Score: 1

    Otherwise, what business of it of yours if someone files charges? What did those organizations and people ever do to you, personally, to make you want them to go to jail or face a punitive fine?

    The funny thing about criminal justice is that's it's not about vindicating the victim. It's about defending society from lawlessness. That's why we have criminal prosecutors who are employees of the state to press charges instead of requiring that victims or their families hire a private attorney to go after criminals personally.

    All people should have an interest in seeing thieves caught and apprehended, and there is absolutely nothing wrong with wanting to see justice done, even if you aren't directly affected. On the contrary, it's rather self-centered to insist that no one should have an interest in any wrong-doing that doesn't directly affect that person, and your accusations of fanboyism just for wanting to see the law executed is a sad and puzzling reaction.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  180. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  181. Re:How many more Apple Marketing Announcements tod by MobileTatsu-NJG · · Score: 1

    same here, which means I don't care about giving /. any page views,

    Uh, yes you do. Apple stories bring in lots of comments, which means they bring in lots of ad views, which means Slashdot has an incentive to keep doing exactly what you're bitching about. It doesn't matter whether you use ad-block or turn off that switch or not.

    ...which also means I can bitch about Apple Marketing being invasive ... all day long.

    ...which is fine if you don't mind the fact that you're feeding the situation you're bitching about. Your ignornace of how ad-views affect you regardless of blockage doesn't suggest you would be.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  182. Re: If Apple fires him... by colinnwn · · Score: 1

    People make mistakes all the time, it is part of the human condition and is a requirement for our learning process.

    People should get fired for serious errors in judgment that a reasonable person wouldn't make, or that they were previously advised against, or obviously deceitful acts. I wouldn't do business with any company I know that as a policy fires employees that make occasional and foreseeable mistakes that aren't associated with defects of character, or just treats people (including vendors) inconsiderately.

    I am assuming (I think reasonably given the device was in a well manufactured disguise) that this engineer was authorized (and probably encouraged) to use the device as a normal customer would, including taking it off-campus and operating it in public. That would include taking it to a bar.

    I see no evidence that he got unreasonably inebriated, or that his inebriation lead to the loss. I not infrequently leave things on restaurant tables that I have to return to get. Though I usually get no further than my car.

    Yes the employee chose to accept a prototype offered by his employer. But the employer (who offers a service like mobile me and remote wipe) should know that loss of a cellphone happens frequently. If they want employees to use the prototypes off campus, the company must be willing to accept the occasional loss (and some interesting press attention) of a prototype, or they should provide better camouflage that can't be distinguished from the current version in any way, or they should forbid their employees from taking prototypes off campus.

    To offer prototypes for user testing to employees off campus, and then dole out serious consequences when they are lost is not reasonable or acceptable in my opinion.

  183. Re:How many more Apple Marketing Announcements tod by sammyF70 · · Score: 1

    you definitely have too much time on your hands.

    --
    "DRM is like the Ford Pinto: it's a smooth ride, right up the point at which it explodes and ruins your day."-C.Doctorow
  184. Not true. by Valdrax · · Score: 1

    Almost nowhere are you required to report such things to the police. If you find an abandoned item, it's yours. Anything beyond that is good-Samaritan territory. Now if it's discovered in this case then you MAY have some legal recourse on getting the property returned to you, but you'll never - EVER be able to pen theft on anyone for not reporting it to the police.

    Perhaps you don't live in the US, but your second sentence is simply not true at common law, and the first sentence isn't true by statute in many US states.

    At the common law, you can claim an item if you find it, but your rights are only secure against everyone but the original owner. In many jurisdictions, if you know who the original owner is, then you are not a "finder," and keeping the item is just theft. Even if you don't know who owns the item, many jurisdictions hold that you have certain duties to the original owner until their claim is extinguished. You can't convert the item for your own use (e.g. by disassembling it), and you can't deliver the object to another but the original owner (e.g. by selling it to Gizmodo). It's not actually yours until the statute of limitations runs for the owner to bring suit against you to get the item back, and if the owner is able to prove their claim in the meantime, you have to give it back.

    On top of that, over 20 states have laws requiring some additional duties by finders to report or return items. You can find a list here. Here's a few of examples:

    • Connecticut. Must contact police within 48 hours and deliver to police within 7 days. Failure to do so can get you a $100 fine or 30 days in jail. Police keep the item for six months, and you have to pay for storage and efforts to contact the original owner to get it back.
    • Florida. Must contact police (immediately?) and turn over the item to them if you want to make a claim with money up-front for the cops to store it. (You're reimbursed if by the true owner if they claim it.) The police hold onto it for 90 days before giving it to you.
    • Missouri. Must swear an affidavit before a county judge within 10 days of finding the items telling when & where you found it, that you don't know the owner, and that you're reporting all of it. Appraisal by court-summoned community members and public notice is given. If no one claims it within 30 days, you have to run ads in the paper. Otherwise, it's yours after 180 days.
    • Oregon. If you don't know who owns an item worth >$100, you have to turn it over to the county clerk within 10 days and post a notice within 20 days in a local newspaper once each week for two consecutive weeks. You own the item after 3 months. The statute is silent on what happens if you know the owner.
    • Washington. Must turn over item to cops within 7 days. Only yours after 60 days. Item's owner must be unknown to claim; code is unclear about what happens when you know who owns it and they never claim it after the cops have it. Keeping an item w/o reporting or whose owner you know seems to be theft under criminal code.
    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  185. Re:How many more Apple Marketing Announcements tod by MobileTatsu-NJG · · Score: 1

    "you definitely have too much time on your hands." ... said the guy bitching on Slashdot.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  186. Re: If Apple fires him... by UnknowingFool · · Score: 1

    People should get fired for serious errors in judgment that a reasonable person wouldn't make, or that they were previously advised against, or obviously deceitful acts. I wouldn't do business with any company I know that as a policy fires employees that make occasional and foreseeable mistakes that aren't associated with defects of character, or just treats people (including vendors) inconsiderately.

    I think you're confusing "it's not fair" with "it's not immoral." It wouldn't be fair for Apple to fire him for one mistake. It wouldn't be very compassionate. But again, Apple is not in the business to be fair or compassionate. I hate to break it to you but many companies would fire an employee for making one mistake. If you're not going to do business with Apple, you're not going to do business with many companies. The only difference is you know about this incident with Apple; you don't know about other incidents with other companies.

    Also it is highly subjective as to what are "serious errors in judgment". Unfortunately in the real world, these are decided by superiors. What you might consider small mistakes are large ones to your bosses. Not fair but that's life.

    I am assuming (I think reasonably given the device was in a well manufactured disguise) that this engineer was authorized (and probably encouraged) to use the device as a normal customer would, including taking it off-campus and operating it in public. That would include taking it to a bar.

    How do you know that the employee had permission to leave the campus with the device? These are assumptions. What is not an assumption is that as an employee of the company the employee is responsible for the company's property in his/her possession. In this case, it a very valuable and secret prototype of their next product. The employee has sole responsibility to protect it. The employee failed to do so.

    Yes the employee chose to accept a prototype offered by his employer. But the employer (who offers a service like mobile me and remote wipe) should know that loss of a cellphone happens frequently. If they want employees to use the prototypes off campus, the company must be willing to accept the occasional loss (and some interesting press attention) of a prototype, or they should provide better camouflage that can't be distinguished from the current version in any way, or they should forbid their employees from taking prototypes off campus.

    This isn't any regular cellphone that Apple got for the employee at the local Apple store; this is their next unreleased product. The employee should know he needs to guard it closely as it can be considered trade secrets. This would be no different than an employee getting fired for losing a laptop full of company data. Again, not fair. But that's business.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  187. business as usual at Giz by Chewbacon · · Score: 1

    I subscribe to Gizmodo's RSS and read it daily. However, they often take the time to get off the usual topics they cover to rant and rave a one-sided argument using trigger words to incite the worst in people (i.e. cops and use of force is a big one, of course I'm in a family of cops and I'm biased there). I guess it's what makes them journalists. In this case, Giz is having a toe-curling orgasm as they fly closer to the sun having that exclusive story on the new iPhone (not to mention national TV coverage) and their advertising rates go up with the site traffic. I haven't seen them get a hard on like this since they were featured on CNN (?) after pointing out a panelist on a political talk show of the said network was looking at ballgame play-by-play on his laptop during the show. I feel bad for the guy. He made a mistake many of us have made before. I've left my phone on a restaurant table and even a bar. Simple albeit costly for him.

    --
    Chewbacon
    The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
  188. It smells sooo fishy (keywords: viral, campaign ) by friguron · · Score: 1

    Title says it all...

    It's unbelievable someone might leave such a "strategical" piece of technology so easily, unintentionally I mean...
    I would have done it (on purpose), if I was called Mr. Apple, but I'm not...

  189. Mis-titled Story by stewbacca · · Score: 1

    Shouldn't the title read "iPhone Looser"? This is slashdot after all!

  190. Car analogy fail! by exomondo · · Score: 1

    Ok, here's a car analogy since /. loves car analogies: "Well, I was at this bar and found these car keys, so I drove the car around and tried to find the owner. After a few weeks I couldn't, so I sold the car."

    You didn't find the car, you found the keys, which you then used to take something that didn't belong to you and was not lost. Like if the finder of the phone had used the information within it to transfer money using the owner's internet banking.

  191. Re: If Apple fires him... by colinnwn · · Score: 1

    Fair (in a rigorous sense) and immoral are too close to the same thing to be worth arguing over. Apple is in the business to make money. In Western culture we have become entirely too permissive of the ends justify the means. If enough people refused to do business with companies that don't display corporate ethics compatible with human ethics, then the drive to make money would be synonymous with the need to display those ethos and the world would be a better place.

    I happen to work for a Fortune 500 company that is internationally known for the way it treats its employees, customers, and vendors. I could make more money working for many other companies, but I stay with this company because its philosophy is compatible with the way I think we should treat others, and how we should expect companies to treat people.

    You are right, I don't do business with many companies, and I also know there are many things that go on in companies, including very occasionally in my company that I think are wrong or don't agree with. But I make it a point to read business press and make determinations on whether a company continues to be worthy of my wallet. But the inevitable incompleteness of my efforts will not dissuade me from making a college try. As the Dali Lama has said, "Be the change you want to see in the world."

    Since none of us work for Apple, or we are very stupid for talking publicly if we are, we are all making assumptions. As I said before, I think my assumption is reasonable given the disguise, and the fact that the phone was accessible to a relatively lowly and new baseband engineer without having effective and rigorous asset controls, and the lack of dissuading attributes like having it in a large and ugly case, rather than a production ready case.

    Yes again assuming the device was authorized to be off campus and in use, then while he did lose a prototype that one could reasonably expect Apple would be keen to keep secret because of their history, it also isn't reasonable for Apple to expect such perfection from an employee in the use of a commonly lost consumer device. And their corporate security department was either negligent in authorizing the use of the device off campus with the current protections, or they were negligent in not having better precautions for keeping secret prototypes on campus.

    A company that would have a laptop with secret or protected enough information to fire an employee for losing said laptop, would also be negligent for not having the laptop hard drive encrypted to the point there would be no reasonable expectation that a private person could retrieve the information. In fact this is demonstrated in PCI and federal regulations that don't require the disclosure of a customer data loss if the device lost was encrypted to the required standard.

    In the end we are arguing in circles. I don't find your justification particularly moving, and I can tell the feeling is mutual. I think we should agree to disagree about the standards we should hold companies to, along with the standards a company should hold employees to.

  192. Dude, you shoulda got a Droid! by DedTV · · Score: 1

    If this guy has any personality and Charisma whatsoever, Apple needs to put the guy on the talk show circuit IMMEDIATLY. You know everyone in the world wants to talk to this guy right now. Get him on the Daily Show, Colbert Report, Leno, George Lopez, Letterman, etc.

    If Apple fires him, they'll just come across as a bunch of paranoid corporate bastards. But if they make a big joke out of it, they could make the guy a mascot. He could be bigger than Steve the Dell Dude.

  193. If I were Steve Jobs... by gadders · · Score: 1

    ..I'd leave the guy in his job. Then when I do the official next gen iPhone launch and start the build up to announcing the details of the product, I'd then pause and say "Actually, I know someone who could do a better job than me at this. He got so much publicity last time..." and then bring on the tool of an engineer that lost the phone to help in the presentation.

    Jobs looks good, Apple looks human, good publicity all round, and the engineer gets his career rehabilitated.

  194. Anonymous Coward by Anonymous Coward · · Score: 0

    MARKETING PLOY

    Even if they fire the guy, there's a probability that the guy was leaving the company any way for another reason and they used this an a chance to make a really stupid sounding marketing ploy seem credible.

    Come on people, this is apple, they get off on pretending shit gets leaked.

  195. Re:Even if it was a deliberate leak, this employee by TheReij · · Score: 0

    If I make a mistake at my job, depending on the severity, I'd go to jail or worse. I can put myself in his shoes and say that if the only thing that happens to him is he loses his job, that's getting off easy.

  196. Guarantee Apple knew before Gizmodo told them by Anonymous Coward · · Score: 0

    don't hate because they got the story and you didn't

  197. Re:How many more Apple Marketing Announcements tod by Anonymous Coward · · Score: 0

    Busted.

  198. Umm, Apple, was it? by RockDoctor · · Score: 1

    Ummm, box of bolts.
    Who cares?
    And, WHY?

    It's only going to be another box of bolts that may (or may not) live down to their advaertising/ Yawwwn.

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"