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."

Comments

Sold Stolen Property to Highest Bidder

[Game_Ender]

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.

Re:Sold Stolen Property to Highest Bidder

[MWoody]

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.

Re:Sold Stolen Property to Highest Bidder

[magsol]

Apple is going to crucify the bloke.

Re:Sold Stolen Property to Highest Bidder

[dxprog]

I guess Wired was a little smarter than Gizmodo.

Re:Sold Stolen Property to Highest Bidder

[Trepidity]

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.

Re:Sold Stolen Property to Highest Bidder

[Ron Bennett]

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.

Re:Sold Stolen Property to Highest Bidder

[BasilBrush]

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.)

Re:Sold Stolen Property to Highest Bidder

[Bing Tsher E]

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.

Re:Sold Stolen Property to Highest Bidder

[99BottlesOfBeerInMyF]

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.

Re:Sold Stolen Property to Highest Bidder

[BasilBrush]

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.

Re:Sold Stolen Property to Highest Bidder

[binarybum]

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.

Re:Sold Stolen Property to Highest Bidder

[dissy]

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.

Re:Sold Stolen Property to Highest Bidder

[unity100]

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.

Re:Sold Stolen Property to Highest Bidder

[quenda]

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

Re:Sold Stolen Property to Highest Bidder

[jo_ham]

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?"

Re:Sold Stolen Property to Highest Bidder

[MBCook]

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.

Re:Sold Stolen Property to Highest Bidder

[iamhassi]

"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

Re:Sold Stolen Property to Highest Bidder

[s73v3r]

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.

Re:Sold Stolen Property to Highest Bidder

[nacturation]

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.

Knock Knock

[WrongSizeGlass]

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!

Obligatory YouTube Link...

[wbren]

Don't Talk to the Police

Re:Obligatory YouTube Link...

[Cowclops]

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.

funny headline

[ravenspear]

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

Re:funny headline

[BasilBrush]

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

Re:This story is terribly incomplete

[dlochinski]

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

Re:Far more interesting

[sribe]

...under an apparently illegal warrant...

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

Re:So this is STILL not evil on the side of Apple

[99BottlesOfBeerInMyF]

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.

Apple can't obtain or act on search warrants

[SideshowBob]

"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?

Re:Apple can't obtain or act on search warrants

[nacturation]

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!"

Re:Apple can't obtain or act on search warrants

[Man On Pink Corner]

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.

Re:Nothing to see here, move along.

[dimeglio]

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