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iPhone 4 Prototype Finder Gets Probation

think_nix writes "Brian Hogan, who found an iPhone 4 prototype last year which was sold to Gizmodo for $5,000, has been sentenced to one year of probation, 40 hours of community service, and a $250 fine. The District Attorney's office was asking for jailtime."

7 of 334 comments (clear)

  1. Justice is served by infernalC · · Score: 4, Informative

    The right thing to do with something that isn't yours is not to pick it up and sell it. Duh. He will learn a lesson from this.

    1. Re:Justice is served by WilyCoder · · Score: 4, Funny

      Please let me know where you abandon, I mean park your car each day. Thanks.

  2. Here let me fix that for you. by LWATCDR · · Score: 4, Insightful

    If you find a cell phone that doesn't belong to you in a bar and you turn it in to the bar owner, or you turn it into the police, or you turn it into a carrier store that the phone came from you are a finder.
    If you find cell phone that doesn't belong to you and you sell it you are a thief.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    1. Re:Here let me fix that for you. by Richard_at_work · · Score: 5, Informative

      I think you need to actually review a lot of the understanding you are basing your comment on...

      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.

      CAL. PEN. CODE 485 : California Code - Section 485

      http://www.shouselaw.com/appropriation-lost-property.html

  3. Will anyone at Gizmodo be charged? by Anonymous Coward · · Score: 5, Insightful

    For buying and destroying goods that were obviously not the property of the person selling them?

  4. Gizmodo: Handling stolen goods by bool2 · · Score: 5, Interesting

    The whole thing seems a bit one sided. Given that Gizmodo knowingly paid for stolen goods, where is their equivalent fine, community service and probation?

  5. Prototype MacBook Pro 3G dude gets some gear back by QuasiSteve · · Score: 4, Interesting

    Quick summary timeline...

    Dude sees an old MacBook Pro on Craigslist listed by Seller as broken.
    Dude buys it thinking maybe he can fix it.
    Dude does indeed fix it, requiring reflowing of parts, adding parts (ram, HDD, etc.), chronicles it at Anandech, noting that it seems to be no ordinary MBP.
    http://forums.anandtech.com/showthread.php?t=2165252&highlight=macbook+antenna - Prototype Macbook Pro with 3G: In my shop now!

    Dude then sells it on Craigslist himself as he has no use for it and doesn't yet realize its uniqueness.
    Buyer takes it to an Apple Store for some service, Apple Store Genius bar says "This is not an Apple product." on account of weird things in there.
    http://www.macrumors.com/2011/08/30/apple-genius-bar-didnt-recognize-macbook-pro-3g-prototype-apple-now-wants-it-back/ - Apple Genius Bar Didn't Recognize MacBook Pro 3G Prototype

    Buyer sues Dude, wins (in part based on Apple Store findings), Dude is out moneys.
    Dude thinks 'wtf', though, and takes a closer look at the MacBook Pro, asking around on forums.
    Dude learns that the red motherboard implies it's a prototype.
    Weeks pass and Dude does what anybody who isn't a fanboy would do - puts it up for sale on e-bay.
    http://news.cnet.com/8301-27076_3-20092180-248/3g-equipped-macbook-prototype-pops-up-on-ebay/ - 3G-equipped MacBook prototype pops up on eBay

    e-bay bids go up to $70k, listing is pulled due to request from Apple.
    Dude then hears nothing, sits around waiting for some manner of official explanation for days on end.
    CNet, however, now wants to know what happened, so arrange an interview, in which they of course also call Apple.

    Apple suddenly takes very keen notice.
    http://m.cnet.com/Article.rbml?nid=20099494&cid=null&bcid=&bid=-248 - Apple wants its 3G MacBook prototype back

    Dude gets call - Apple wants their hardware back and they can have somebody stop by Dude's private residence that evening.
    Dude says 'I think not, my lawyer will be in touch'.

    Lawyer says Apple have no case.
    Lawyer and Apple chit chat.
    Lawyer says having no case matters shit all when you're Apple, so give up or incur huge costs.

    Apple thus sends over a PI to pick up Prototype MBP.
    Dude hands over the MBP.
    Dude then sits around again wondering wtf just happened while waiting to see if he gets compensated in any way at all.
    Apple does nothing.
    Dude then petitions to Apple to get his shit back.
    Apple says nothing, but does send an unmarked FedEx box with parts back.
    http://news.cnet.com/8301-27076_3-20117512-248/prototype-3g-macbook-buyer-gets-parts-back - Prototype 3G MacBook buyer gets parts back

    Dude now left with little option but either go "oh well", or sue the original Seller for incurred costs. Seller however says he received the MBP in earnest.

    It would have been nice of Apple if they had arranged an exchange for a shiny new MBP and cover Dude's costs, as there's no reason to believe that this prototype was stolen and - as of the latest reports - Apple never filed it as such either.

    The 'best' part? Being on IRC, watching a guy go from not being a fanboy but certainly an admirer of Apple, to being completely disenchanted.