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The 4G iPhone's Finder Reportedly Located

CNET is reporting that investigators have interviewed the person who found the unreleased Apple iPhone and began all the trouble. Wired reports that last week people "identifying themselves as representing Apple last week visited and sought permission to search the Silicon Valley address of the college-age man who came into possession of a next-generation iPhone prototype." "'Someone came to [the finder's] house and knocked on his door,' the source told Wired.com, speaking on condition of anonymity because the case is under investigation by the police. A roommate answered, but wouldn't let them in. ... News of Apple's lost iPhone prototype hit the Web like a bombshell, but it was apparently an open secret for weeks amongst the finder's roommates and neighbors, where the device was shown around mostly as a curiosity. ... 'There was no effort to keep it secret,' the source said. 'There were a bunch of people who knew.' ... Wired.com received an e-mail March 28 offering access to the device, but did not follow up on the exchange after the tipster made a thinly veiled request for money."

63 of 404 comments (clear)

  1. Sold Stolen Property to Highest Bidder by Game_Ender · · Score: 4, Insightful

    This guy shopped around stolen property to find the highest bidder after making a feeble attempt to "return" it. I don't have much sympathy for whatever happens to the guy.

    1. Re:Sold Stolen Property to Highest Bidder by MWoody · · Score: 4, Insightful

      Agreed. Apparently, this guy thought when people say they're selling speakers that "fell off the back of a truck," it was a valid legal argument.

    2. Re:Sold Stolen Property to Highest Bidder by magsol · · Score: 3, Insightful

      Apple is going to crucify the bloke.

      --
      "I'd just like to emphasise that taking a million years isn't a metaphor here..." -Rich Bradshaw
    3. Re:Sold Stolen Property to Highest Bidder by dxprog · · Score: 5, Insightful

      I guess Wired was a little smarter than Gizmodo.

      --
      DxBlog - It's where you want to be
    4. Re:Sold Stolen Property to Highest Bidder by Trepidity · · Score: 4, Insightful

      Well, in California selling lost property is equivalent to selling stolen property under certain conditions, mostly depending on whether the person who found it made reasonable efforts to return it to the owner first.

    5. Re:Sold Stolen Property to Highest Bidder by Ron+Bennett · · Score: 5, Insightful

      He was only selling lost property. Nothing more, nothing less. People do this all the time. Why the hell do so many people think he did something evil?

      So if someone finds your wallet at a bar, you're ok with them selling it? After all, in your view, it's only "lost property" and people "do this all the time" ... be careful what you wish for.

      The correct, and easiest, course of action would have been for the person who "found it" to immediately hand it over to the barkeep.

    6. Re:Sold Stolen Property to Highest Bidder by Yvan256 · · Score: 2, Funny

      Only idiots would buy speakers that "fell off the back of a truck", though I did once buy a truck that detached itself from speakers.

    7. Re:Sold Stolen Property to Highest Bidder by BasilBrush · · Score: 5, Insightful

      Even IF the seller had gone to every effort to find and return the item to it's owner and failed*, it would only become his legal possession after 90 days. Selling something you don't own without the permission of the owner is an act of theft. What part are you not understanding?

      * (Not that he did go to any reasonable effort at all. There were plenty of avenues to return the phone to Apple or the engineer or the police, all but perhaps one of which were not taken.)

    8. Re:Sold Stolen Property to Highest Bidder by Bing+Tsher+E · · Score: 5, Funny

      Why the hell do so many people think he did something evil?

      It made Steven Jobs angry. So naturally all his flying monkeys are going to swirl around with fury. Also, this is apple.slashdot.org not the real Slashdot, so this stuff is to be expected.

    9. Re:Sold Stolen Property to Highest Bidder by defaria · · Score: 2, Interesting

      It's a sad day when we impose such obligations by law (that's if we do - you made no citation). Theft requires the intent to deprive somebody of their possession. No such intent can be proven here since the dude merely found something *AND* made an attempt to return it. He is under no obligation to return it and shouldn't be.

    10. Re:Sold Stolen Property to Highest Bidder by 99BottlesOfBeerInMyF · · Score: 3, Informative

      The part about having to wait 90 days. You don't have to do that. The asshole lost it.

      No you don't have to do that. Mind you if it's more than a few hundred bucks you have to give it to the cops for 90 days so they can run an ad in the paper looking for the owner, or they'll arrest you for theft. But no, you don't have to do it. They also don't have to let you out of a small cell after you're convicted of grand theft either.

    11. Re:Sold Stolen Property to Highest Bidder by BasilBrush · · Score: 4, Informative

      The part about having to wait 90 days. You don't have to do that.

      Wrong.

      California law regulates what you can do when you find lost property in the state. Section 2080 of the Civil Code provides that any person who finds and takes charge of a lost item acts as "a depositary for the owner." If the true owner is known, the finder must notify him/her/it within a reasonable time and "make restitution without compensation, except a reasonable charge for saving and taking care of the property." Id. 2080. If the true owner is not known and the item is worth more than $100, then the finder has a duty to turn it over to the local police department within a reasonable time. Id. 2080.1. The owner then has 90 days to claim the property. Id. 2080.2. If the true owner fails to do so and the property is worth more than $250, then the police publish a notice, and 7 days after that ownership of the property vests in the person who found it, with certain exceptions. Id. 2080.3.
      http://www.citmedialaw.org/blog/2010/lost-and-found-california-law-and-next-generation-iphone

      The asshole lost it.

      Well given his job title, I'd say he's a very intelligent engineer, not an ignorant jerk like yourself.

    12. Re:Sold Stolen Property to Highest Bidder by v1 · · Score: 2, Insightful

      last i read, he tried to contact apple to return it and they denied it was theirs.

      That fact alone is probably going to be the key to what legal actions get taken where. (hope he recorded the call or something of the like)

      If the actual owner of the item denies it's theirs, that makes it impossible to return to the owner, which would seem to satisfy the requirements before taking ownership of lost property?

      --
      I work for the Department of Redundancy Department.
    13. Re:Sold Stolen Property to Highest Bidder by binarybum · · Score: 3, Insightful

      I bet. They must be sooo angry about all this mysterious free hype and viral press coverage.

          Conspiracy theory or not, leaving a partially crippled prototype of a near release ready product in a silicon valley bar and letting the internet take care of the rest comes across as good business one way or another.

      I think apple and ATT are going to pull through this mess, I think their investors are going to do just fine regardless of what happens to this young journalist.

      --
      ôó
    14. Re:Sold Stolen Property to Highest Bidder by dissy · · Score: 3, Insightful

      That fact alone is probably going to be the key to what legal actions get taken where. (hope he recorded the call or something of the like)

      The law even specifically states you do not have to even attempt to return it to the owner. There are provisions for protecting you if you are in posession of the stolen property WHILE trying to return it to the owner, but the only requirement is turning the property into the police.

      Gizmodo is NOT the police, so he didn't obide by the law.

      Hint: Returning it to the owner is not part of what makes it legal or not.

      If the actual owner of the item denies it's theirs, that makes it impossible to return to the owner, which would seem to satisfy the requirements before taking ownership of lost property?

      He tried returning it to Apple, but it is not Apples phone anyway, it's Gray Powell's phone.

      So not only did you show he did not even try to return it to the owner, but instead tried to return it to the company that made the product, but on top of that, neither of those two actions make what he did legal or illegal.

      Not giving it to the police is what made it illegal.

    15. Re:Sold Stolen Property to Highest Bidder by unity100 · · Score: 3, Interesting

      so, because you have no sympathy, you are ok with a private corporation sending 'representatives' to search his house ? so, you would be ok with waking up a morning and suddenly finding 'representatives' of a private corporation 'asking permission' to search YOUR home ?

      with this mindset, you may find yourself trying to justify people getting beaten with baseball bats when they tried to jailbreak an iphone in 4-5 years in future.

    16. Re:Sold Stolen Property to Highest Bidder by quenda · · Score: 5, Interesting

      The guy is an idiot. Instead of stealing the phone, he could have just taken lots of photos, including the insides.
      He could then promptly return it to Apple, and openly auction off the photos. Apple would still scream blue murder and harass him with search warrants, but he would not be a criminal.

      Heck, according to US government precedent, you could have sent it back in pieces.
      http://en.wikipedia.org/wiki/Viktor_Belenko

    17. Re:Sold Stolen Property to Highest Bidder by jo_ham · · Score: 4, Insightful

      He claims (or rather Gizmodo claimed) that he called Apple's tech support line, which is staffed by people who don't work for Apple directly, and in call centres nowhere near the headquarters. They're not going to know about a prototype, and would either assume it was a prank call, or say they cannot help him, but to call Apple directly.

      Apple's PR number is listed on their site right next to the tech support one, and that one actually *is* staffed by Apple employees in the HQ in California.

      Either way, his next step should have been handing it to the police and signing an affidavit stating when and where he found the property (California law) if he didn't know who to return it to (and seriously, come on - do you buy the idea that he would believe Apple wouldn't want their prototype back if he had bothered to try to get through to someone actually at Apple HQ, for example, their PR department rather than their tech support). If no one claims it after a certain time, he can then keep it (and sell it on).

      He could also have walked around the corner to Apple's HQ and said "hey guys, is this your lost iPhone prototype?"

    18. Re:Sold Stolen Property to Highest Bidder by russotto · · Score: 2, Informative

      California law regulates what you can do when you find lost property in the state. Section 2080 of the Civil Code provides that any person who finds and takes charge of a lost item acts as "a depositary for the owner." If the true owner is known, the finder must notify him/her/it within a reasonable time and "make restitution without compensation, except a reasonable charge for saving and taking care of the property."

      But Section 2080 of the Civil Code is not the Penal Code. He can't be jailed for violating Section 2080, only sued; and since Apple got their prototype back, that's unlikely, because they won't be able to show damages; the main obligation of a depositary (detailed in CCC 1822-1828) is to give the item back.

      California Penal Code 485 requires only "reasonable and just efforts to find the owner and to restore the property to him".

    19. Re:Sold Stolen Property to Highest Bidder by MBCook · · Score: 5, Insightful

      People keep posting that, but I just find it so disingenuous.

      • What part of Apple did he call? Tech support? That would be worthless. The Giz article said he couldn't send them a picture of the thing. Why not? Surely he had his own camera phone. If he sent a pic with the stickers on the back, I think he would have gotten a real response.
      • He could have returned it to the bar, which would have solved everything. He could have at least told the bartender and given his number so the guy who lost it could get in contact with him.
      • He could have given it to the police
      • He knew the name of the Apple engineer. He could have called him, or looked him up. He could have found the guy's Facebook as Giz did. If he made a friend request that said "I have your iPhone", don't you think the guy would have responded?
      • Why not take it to an Apple store? They'd be able to figure out if it was a cheap knockoff pretty fast (as Giz claims everyone first thought). Either way the manager of the store would know someone to contact at Apple to get it checked out.
      • He could have gone to Apple HQ. It was only 20 miles away. As soon as he discovered it wasn't a normal 3GS and had part number stickers on the back, he could have easily walked into 1 Infinite Loop and turned it in.

      It just sounds like he didn't make any real effort. Even ignoring the California "take it to the police" forfeiture law, it just doesn't sound like an ethical thing to do. If he took that to Apple headquarters, my guess is he could have received an award. He might have gotten a tour of Apple, some money, a chance to meet The Great Steve, a promise of a free iPhone 4G on launch day (or many be a free iPad). He couldn't have been a small hero.

      I would even accept selling pictures of the thing to Giz (or someone else) and then turning it back in. At least he turned it back in.

      Instead, he went for a payday. Then Giz got it and took 3 weeks to decide it was real and notify Apple, after cracking it open and posting all sorts of stuff about it. Then they named the poor guy who lost it and posted pics of his Facebook profile, which seems like rubbing salt in a wound.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    20. Re:Sold Stolen Property to Highest Bidder by iamhassi · · Score: 2, Informative

      "The guy is an idiot."

      Very much so, considering he's already been lying to press and police about trying to sell it.
      " "The idea wasn't to find out who was going to pay the most, it was, 'Who's going to confirm this?'" ..... Editors at both news organizations confirmed that they were contacted not about confirming whether the phone was legitimate, but about their interest in buying the device."

      BUSTED

      If this goes to court they have a great case against the finder of the iPhone and Gizmodo. Can't say I feel sorry for any of them

      --
      my karma will be here long after I'm gone
    21. Re:Sold Stolen Property to Highest Bidder by iamhassi · · Score: 3, Insightful

      "It just sounds like he didn't make any real effort."

      Are you kidding? This guy contacted at least three major media outlets before Gizmodo bought it! This guy made tons of effort (to sell stolen property).

      Has anyone pointed out he thought it was a 3GS and still stole it? Hello? If you find a phone in a bar, do you:
      a) take it home and take it apart
      b) turn it in to the bartender

      Forgetting the fact that it was the new "4G" this guy is still a huge creep. I wouldn't be surprised if he has a criminal background

      --
      my karma will be here long after I'm gone
    22. Re:Sold Stolen Property to Highest Bidder by s73v3r · · Score: 4, Informative

      Just about every Journalistic Ethics course will tell you that one of the primary tenets of Journalism is that you don't pay for a story.

    23. Re:Sold Stolen Property to Highest Bidder by nacturation · · Score: 4, Insightful

      I bet. They must be sooo angry about all this mysterious free hype and viral press coverage.

      Press coverage does nothing for Apple when it's months away from anybody being able to buy it. Meanwhile, their competitors now have many months during which they can start cloning the design and/or features. Then, when Jobs launches the iPhone, everyone will say "Okay, but we knew that already. Nothing new here, folks." People won't be blown away by stuff they already knew.

      What does that translate to? I'm guessing $50 million in lost opportunity cost. All the coverage is doing is potentially cannibalizing current iPhone sales if someone who was considering getting one now wants to wait. Additionally, their competitors now have an unfair advantage and will design their products not by guessing what Apple will be doing (as they normally do) but knowing what Apple will be doing. As a result, their competitors will save millions of dollars by not going down a course that they are now able to prevent. Further, all that wasted press coverage now means less when it actually launches. The hype and virality will be done by then. Oh, I'm sure it'll have some unexpected things... but the reduction will mean many more millions of dollars in free press that they won't get when it matters: when people can buy/preorder it.

      The leg up that their competitors will receive from this information will have a ripple effect for years to come. That extra however many percent market share they are able to squeeze out by proactively countering (or sabotaging, even) Apple's strategy in a several billion dollar market is a huge cost to Apple.

      Yeah, Jobs isn't going to be collecting food stamps and eating nothing but ramen noodles but this has a significant financial cost to Apple.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    24. Re:Sold Stolen Property to Highest Bidder by jpmorgan · · Score: 2, Informative

      That is the civil code

      Lost property is dealt with under both civil and criminal statutes in California. Gizmodo and the original finder may be in violation of California's civil code, but that has absolutely nothing to do with the criminal code, and whether what they did is illegal (in the felonious sense). The criminal code only requires a 'reasonable and just' effort be made. Violating the civil code might open up Giz and the finder to a lawsuit, but given that the property has already been returned that probably wouldn't go very far.

    25. Re:Sold Stolen Property to Highest Bidder by Lars+T. · · Score: 2, Informative

      I think they way that Gizmodo and the guy that found it acted was certainly a bit stupid and shortsighted, but unless the guy that "found it" picked Gray Powell's pocket for the thing, calling it "theft" seems a bit of a stretch to me.

      Too bad (for them) that the law has a different view:
      California Code - Section 485

      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.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  2. Knock Knock by WrongSizeGlass · · Score: 3, Funny

    Who is it?
    Not a land shark
    Who?
    Oh, for Christ sake, it's Steve F'ing Jobs. Give me my phone back or I'll send the Steve Balmer Chair Delivery Service to wreck the place!

  3. Obligatory YouTube Link... by wbren · · Score: 5, Insightful
    --
    -William Brendel
    1. Re:Obligatory YouTube Link... by Cowclops · · Score: 5, Insightful

      This isn't a troll. It is a law school professor explaining why that interacting with the police can lead to trouble for you down the road, even if you're innocent, and even if you say only things that would point towards you being innocent. Cops have absolutely no requirement to quote you in context, and out-of-context quotes can make a completely innocent statement sound strange. Furthermore, while cops can use anything you say AGAINST you in a court of law, if you ask them to repeat something you said that would help your case, that would be heresay, and therefore can not help you.

      The cop's followup to the law school professor's talk is less interesting, but the very least it validates most of what the law school professor said.

      So, indeed, do not talk to cops when you can avoid doing so.

      IANAL, but I did watch the video in its entirety and you should at least watch the first half too.

    2. Re:Obligatory YouTube Link... by kosanovich · · Score: 2, Interesting

      I agree that the video is good, however be careful not to have a false sense of knowledge just because you watched it. The video shows that there is too much for a common person to understand and thus they should let the lawyers help them make decisions in legal matters. Your statement:

      "Furthermore, while cops can use anything you say AGAINST you in a court of law, if you ask them to repeat something you said that would help your case, that would be heresay, and therefore can not help you."

      shows that while you have gained a small amount of knowledge on the matter from the video, you don't fully understand all the implications. For example hearsay is anything that is said (or written) outside of court that directly asserts the truth being tried in the case. Whether it's good or bad for you doesn't matter, it's related to what's being asserted in the case, so just because something is said that can help your case doesn't make it hearsay. Also just because something is hearsay doesn't mean that it can't be used in court.

      Any way this is just to demonstrate that there is a ton to know about the laws and if you have any doubt then you should get a lawyer. But again I do agree that this video is good at making you afraid to talk without a lawyer which is generally in your best interest.

  4. funny headline by ravenspear · · Score: 5, Funny

    I thought for a minute that Apple had ported the Finder to the iPhone OS and someone had a screenshot or something.

    1. Re:funny headline by BasilBrush · · Score: 3, Insightful

      Ah, you mean the OS that Steve Jobs' company made, not the one made by Steve Jobs' company!

  5. Re:This story is terribly incomplete by dlochinski · · Score: 3, Insightful

    Sounds like Apple is loving this hype and attention for the iPhone

  6. Sympathy? by Selpher · · Score: 2

    You know, the attitude surrounding Gizmodo and the people involved in this is trying to make Apple look like the bad guy. But if anyone has read Gizmodo's comments this past week or so, it's easy to see that the damage has already been done. The site has lost a lot of reputation among people, and Gizmodo's handling of this has been pretty disgraceful. http://apple.slashdot.org/story/10/04/26/2048228/Police-Seize-Computers-From-Gizmodo-Editor?from=rss The phrasing in this article by Gawker was just way too pretentious. They deserve repentance.

  7. Far more interesting by yoyhed · · Score: 2, Interesting

    Far more interesting than the fact that they've tracked down the finder of the phone:

    Police broke into and searched Gizmodo journalist Jason Chen's home, seizing basically every piece of technology in his home, under an apparently illegal warrant:

    Check it out.

    --
    WHO NEEDS SHIFT WHEN YOU HAVE CAPSLOCK/ DAMN1
    1. Re:Far more interesting by Goaway · · Score: 2, Informative

      apparently illegal warrant

      Yes, let's trust the legal opinion of the lawyer who apparently thought it was a great idea for a newspaper to buy stolen property and announce it all over the internet.

    2. Re:Far more interesting by sribe · · Score: 3, Insightful

      ...under an apparently illegal warrant...

      Well sure, if you believe gizmodo's claims and their somewhat stretched interpretation of the journalist protection laws.

    3. Re:Far more interesting by spire3661 · · Score: 2, Informative

      did a judge not sign off on the warrant? This is a felony THEFT case, not a journalistic source case. Chen has no standing. The police had a warrant signed by a judge in good standing. Until that warrant is JUDGED illegal by another judge in good standing , the warrant is legal and the police acted accordingly.

      --
      Good-bye
    4. Re:Far more interesting by Mike+Buddha · · Score: 2, Insightful

      The EFF believes that if Jason Chen is not charged with a crime, then the search is illegal. If he is charged with a crime, then his protection as a journalist goes out the window. They can't act on a warrant, impound materials that implicate his source, then let him go. He has to be the target of the investigation for this to be legal. Journalists don't get a free pass to commit crimes just because they write about the crimes they've committed.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
  8. Gizmodo warrant? by SudoGhost · · Score: 2, Interesting

    I wonder if they found him using the Gizmodo journalist's computer, which according to the EFF, was an illegal warrant. If it is found to be an illegal warrant, I wonder how it would affect this case? Not that I feel sorry for the guy, he sold stolen property, he's a criminal (pending the jury finding him guilty). The only thing I'm questioning is the legality of the authorities' methods of finding him. http://www.eff.org/deeplinks/2010/04/gizmodo-search-warrant-illegal

    1. Re:Gizmodo warrant? by joh · · Score: 2, Informative

      The EFF fights for the right cause but is not automatically right. Just being a journalist does not mean you're allowed to deal with stolen goods.

      By the way, the Gawker/Gizmodo guys obviously don't think they're journalists themselves:

      "We don’t seek to do good,” says Denton, wearing a purplish shirt, jeans and a beard that resembles a three-day growth. “We may inadvertently do good. We may inadvertently commit journalism. That is not the institutional intention."

    2. Re:Gizmodo warrant? by BasilBrush · · Score: 2, Insightful

      which according to the EFF, was an illegal warrant.

      The take away from that is that you can't trust the opinion of the EFF. They're so wrong, it shows them to be incompetent. Journalists have no protection from the law if they are under investigation for a felony. The felony being purchasing stolen goods.

  9. Re:Gizmodo should make it expensive.. by joh · · Score: 2

    If Apple pursues this Gizmodo should do discovery on Apple's emails to confirm it wasn't a publicity stunt.

    The most annoying thing about this whole thing is the free press Apple is getting out of it. Fuck them.

    I don't know if I like Apple but I do surely know now that I don't like Gizmodo. Or people selling stuff found in a bar without asking the bartender about the owner.

  10. Dilbert's take on this all by jgreco · · Score: 2, Interesting
  11. Re:They know all along where the phone was by joh · · Score: 2, Informative

    They knew where the phone was when they bricked it using the "Find my iPhone" feature. Makes you wonder why did not ring the doorbell earlier.

    Finding doesn't work with 4.0 beta yet (but bricking works).

  12. Re:Gizmodo should make it expensive.. by peragrin · · Score: 2, Insightful

    Apple isn't going after gizmodo.

    The People of California are investigating a company who paid for stolen goods, disassembled said goods, and talked with everyone but the apple employee who lost the phone.

    if this case goes to trial it won't be a civilian case, but a criminal one. Apple can't touch gizmodo for this. California however can try him for dealing with stolen goods.

    --
    i thought once I was found, but it was only a dream.
  13. Re:So this is STILL not evil on the side of Apple by 99BottlesOfBeerInMyF · · Score: 3, Insightful

    last story, there were people who were defending apple and maintained that no linkage of evil could be established about the prosecution regarding the iphone dismantlers. it turns out that 'representatives' of apple went out to a private citizen's quarters, and intending to search the premises.

    Yeah and if I lost a valuable phone and the anti-theft feature told my boss where it was, he might send people to ask the owner of the house if they could come in and find it too. How is that evil? Mind you the home owner has every right to refuse and make them call the cops who will get a warrant to come in and look for it.

    so, a private corporation sends 'representatives' to search people's homes ... will there be anyone that would come up and defend this, i wonder ...

    If they have reason to believe their stolen property is in someone's home, they have every right to go ask if they can come in and look for it. If you lost your phone and location tracked it to a house would it be evil for you to ask the residents if you can come in and look for it?

    Stealing the phone someone lost at the bar is unethical. Selling it to the highest bidder is unethical. Looking for your lost property... not unethical.

  14. Re:So this is STILL not evil on the side of Apple by MBCook · · Score: 2, Insightful

    What did Apple do here? The prosecutor's office (or investigating detective) decided to look into this. A judge decided that the search was reasonable. The police executed it.

    I don't see Apple anywhere in there. The only thing Apple has to do with any of this is that they were hurt (through revealing of the device, and loss of their property) and have probably filed a report to the police to that effect.

    If this happened to Garmin, don't you think they'd talk to the police and say "hey that's ours"? Dell would do it. So would TIVo, Microsoft, iRobot, and any other company. If they don't file a police report, they don't get it back.

    The fact that the circumstances the device was acquired under are fishy enough that the police/prosecutor are looking into it aren't Apple's fault. If everything looked above board, the prosecutor wouldn't have started looking into this, the judge wouldn't have signed a warrant.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
  15. Apple can't obtain or act on search warrants by SideshowBob · · Score: 3, Insightful

    "Apple would still scream blue murder and harass him with search warrants, but he would not be a criminal."

    Apple can't obtain or act on search warrants. Apple can't charge or prosecute anyone for a crime.

    The lack of even the most basic knowledge of how our system of justice works is just appalling. Do they put you kids through a civics course in school anymore?

    1. Re:Apple can't obtain or act on search warrants by quenda · · Score: 2, Insightful

      You kidding? Jason Chen at Gizmodo did nothing wrong. He notified Apple and promptly returned the phone. That did not stop Apple form getting the police to harass him by seizing his computers.
      When you are as rich as Apple, cops and magistrates come easily.

      Do they put you kids through a civics course in school anymore?

      What is "civics"? My kids have something called "society and environment", but they learn sadly little about law and government in their own country, let along foreign ones.

    2. Re:Apple can't obtain or act on search warrants by jonnythan · · Score: 2, Insightful

      He notified Apple... by posting detailed photos on his blog after paying someone $5000 for a piece of equipment he knew did not belong to the seller.

      Oh, and he loudly and repeatedly boasted about how much he spent on the device.

    3. Re:Apple can't obtain or act on search warrants by Wovel · · Score: 2, Informative

      Apparently your kids are not going to learn from you either since you believe "Jason Chen did nothing wrong". The accounts written by the people accused of the crime do not even agree with the story you presented here. They did not notify Apple and promptly return it. They disassembled it , posted it on their web site and then demanded written communication they could also post on their web site before they were willing to return it.

    4. Re:Apple can't obtain or act on search warrants by nacturation · · Score: 4, Insightful

      Jason Chen at Gizmodo did nothing wrong. He notified Apple and promptly returned the phone.

      Gizmodo: "Hi, Apple customer service? I think I have a new model of your iPhone here."

      Apple: "Sorry, we don't know anything about that."

      Gizmodo: "No? Okay, well I thought I'd try."

      Gizmodo: "Here are the Facebook pics of the guy who lost the phone. Did we mention we paid $5000 to some dude to purchase this?"

      Gizmodo: "We tried contacting Apple, but they wouldn't say anything."

      Gizmodo: "See this information about the phone owner in Facebook? Haha. It's a public profile. What a shame there's no means to contact him from his Facebook profile."

      Gizmodo: "Hey, we did nothing wrong. Totally good faith attempt on our part to contact Apple in order to return this."

      Gizmodo: "Check this out. We took the fucking thing apart and here are detailed photos of what's inside it."

      Gizmodo: "We have the utmost respect for whoever lost this as it's their personal property and we hope to return it shortly."

      Gizmodo: "Damn, look at the design on this baby. Let's see if we can put it back together again and not have broken it."

      Gizmodo: "We finally stalled enough that we coerced Apple legal into sending us a letter asking for its return. Cha-ching baby! We're fucking awesome. Did I mention we paid some dude $5000 after he claimed he 'found' it in a bar? We so fucking rock!"

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    5. Re:Apple can't obtain or act on search warrants by Man+On+Pink+Corner · · Score: 4, Funny

      Apple can't obtain or act on search warrants. Apple can't charge or prosecute anyone for a crime. The lack of even the most basic knowledge of how our system of justice works is just appalling. Do they put you kids through a civics course in school anymore?

      It must be nice to be that naive.

      "Mr. Jobs draws a lot of water in this town, Doe. You don't draw shit. We got a nice quiet $50+ billion dollar company here, and I aim to keep it nice and quiet. So let me make something plain. I don't like you sucking around trying to sell our stolen prototypes, Doe. I don't like your jerk-off name, I don't like your jerk-off face, I don't like your jerk- off behavior, and I don't like you, jerk-off --do I make myself clear?"

      But no, you're right, I'm sure the cops around there don't say "Heil" when Apple says "Sieg," or anything.

    6. Re:Apple can't obtain or act on search warrants by nacturation · · Score: 2, Informative

      If you find something on private property and then remove that item from the private property, you have stolen the item. Yes, a bar is private property. The proper course of action is to turn the item over to the owner of the property. If the owner of the property is not the owner of the item, they can hold it for the rightful owner or turn it over to the police. If the rightful owner does not claim their item within a certain time period then it can legally go to the finder, but that's after quite a long time.

      If you find an iPhone on a public sidewalk, you need to take it to the police. "Finder's keepers" is a nice schoolyard rhyme, but good luck using that as a legal defense. Yeah, nobody's going to fault you for picking up a quarter here and there, but if you take a clip of money with several hundred dollars in it you're a thief.

      So yeah. I'm fully behind Apple for supporting the prosecution of thieves, if in fact they do support it. With all the publicity this story has received, the police would still investigate even if Apple said not to. After all, a crime was committed.

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    7. Re:Apple can't obtain or act on search warrants by KDR_11k · · Score: 2, Insightful

      Now, you know, and I know, that this was just some idiot in technical support trying to close his ticket as fast as possible.

      That's a trade secret, tech support has no business knowing about it and even if they did they wouldn't be allowed to admit it to outsiders. The dude could have contacted the previous owner of the device or looked around for someone who might be able to contact him (the bartender, the police) but instead he calls the completely wrong department of a giant corporation and acts like that gives him legal immunity, then goes around trying to fence it to the highest bidder. A judge and jury with even the slightest amount of common sense will see through that immediately.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    8. Re:Apple can't obtain or act on search warrants by NekSnappa · · Score: 2, Insightful

      He paid someone for an item that he knew didn't belong to the person selling it.

      'Nuff said.

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      I want to shoot the messenger!
  16. Re:Nothing to see here, move along. by dimeglio · · Score: 4, Funny

    As an Apple shareholder my friend keeps reminding me that they're in fact doing good.

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    Views expressed do not necessarily reflect those of the author.
  17. Re:So this is STILL not evil on the side of Apple by MBCook · · Score: 2, Insightful

    People identifying themselves as representing Apple last week visited and sought permission to search the Silicon Valley address of the college-age man who came into possession of a next-generation iPhone prototype, according to a person involved with the find.

    It's a free country. You are allowed to go to someone's door and ask them a question, and ask to come in. They can say no. If you keep it up, they can call the cops and have you arrested for trespassing/harassment. But asking "can I come in to talk to you" is perfectly legal.

    According to Apple Insider:

    On Friday, the REACT task force executed a warrant to search the home and car of Gizmodo blogger Jason Chen, who had possession of the iPhone prototype before it was returned to Apple, and who was responsible for the gadget blogs breaking stories on the device.

    The emphasis is mine, though that was a link in the original. A branch of the police executed a warrant. That's legal too. That's the way it's supposed to work.

    If Apple did their own search, that would be bad. But they used the process. They did it by the book. This article says that the police aren't analyzing what they found until the question of the shield law is settled. Does that sound like someone following Apple's agenda, damn the consequences?

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  18. I dunno.... I get a lot of what happened, really . by King_TJ · · Score: 2, Interesting

    First off, people keep saying the finder should have "returned the phone to the bar/bartender". That's insanity! Most bars I've been to, I *hardly* trust the bartender or other staff not to just lie to me, promising they'll "try to get it back to the rightful owner" and then just turn around and sell it themselves! Especially in a part of the country where a large portion of the clientele are fairly "tech savvy"? How can you be remotely confident the people working there wouldn't have some personal interest in hanging onto a phone like that?

    Second, I don't think it really matters what part of Apple the guy says he tried to contact. The point is, he made an initial effort. He didn't just sell the thing off immediately. That might be "feeble" to you, but it's probably going to hold up in court to prove he doesn't meet the required standards for his actions to be criminal.

    Third, what about an Apple store?! Do you have any idea how "in the dark" their employees are kept on Apple's unreleased products and projects? Most of their "geniuses" I've dealt with knew less than I did about upcoming products, or even the details of exactly what's in a brand new product AFTER its released. I had to educate a couple of them on some of the new features Apple added to the Macbook Pro aluminum, when I was in there right after those were released and in stores to demo. Apple actually prefers hiring employees who DON'T have previous experience working in computer stores. They don't think the "hard-core techno geek" types give off the type of image they want for their retail stores of a "friendly place for ANYONE to shop for a computer".

    Fourth, giving it to the police?! Another foolish idea. I know most police are way too busy to waste time with a lost cellphone. If I called my local police about something like that, I'm pretty sure they'd laugh and tell me just to keep it. A few, less honest cops I know would just take the thing themselves - figuring they eased your conscience and made you happy, and they got a free bonus at the same time.

    About the only sensible thing you've said so far is that he could try to contact the engineer whose name was supposedly in the phone. Still, even that's a little questionable. I thought Apple killed the phone pretty quickly after they realized it was lost, so that would mean he couldn't get back in it to see any info at all. Would he necessarily remember how the guy spelled his whole name, after only looking at it once on the night he found it (and presumably after doing some drinking himself)?

    Really, the whole thing looks to me like Apple might have just ignored the lost phone completely and decided to "cut their losses" by letting the world guess if what was found was real or a fake. But all the media attention and diagnosis forced their hand to do something, days later.

    I'm not saying what he did, trying to SELL the phone, was completely ethical -- but this is far from being a clear-cut "criminal" case either. He didn't pick-pocket the phone from the engineer in the bar. He found it after it was LOST. And neither Apple corporate nor the engineer made a huge rush to get the phone back either.

    I'm not even sure exactly what I would do, if I was the one who found this thing.... Knowing what I know about Apple and their paranoia about leaks of info, I'd be sort of afraid to drop by their HQ with it - for fear I'd get blamed for stealing it or something. I'd also realize the value it would have to the tech-geeks and Mac fans out there, and think I'd rather see them "win one" for a change, vs. helping Apple protect trade secrets they weren't able to sufficiently protect themselves this time around.

  19. Re:So this is STILL not evil on the side of Apple by fredmosby · · Score: 2, Interesting

    I think you're assuming Apple believed the phone had been deliberately taken from the bar. For all Apple knew someone accidentally took the phone home thinking it was their phone. They probably sent the people to the house hoping it was just a misunderstanding. Why get the police and lawyers involved when you can just go ask to look for it?

  20. Re:Apple Calling by Wovel · · Score: 2, Insightful

    You have not read any of the articles. It was bricked in under 24 hours.

  21. Re:Which actions specifically by NekSnappa · · Score: 2, Informative

    There are 34 companies that have representatives on that committee. The assistant DA who requested the warrant said he didn't even know Apple was one of them.

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    I want to shoot the messenger!