Police investigating Gizmodo's iPhone prototype story - Page 7

Originally Posted by solipsism

This might make for a CSI: New York and The Mentalist crossover episode. \

Originally Posted by NasserAE

You logic was that CA can't prosecute Gawker because they are not based in CA. It doesn't matter if the act was legal or not in NYC. Crimes are prosecuted based on where the crime was committed not where the criminal lives.

Originally Posted by echosonic

I think Dr.NO was an employee of Gawker....

Originally Posted by talus

Did you even read that link or the one I quoted above? They both quote Denton admitting that he/Gawker/Gizmodo bought the phone and may have to pay legal fees to defend himself. That's not even in question here.

But of course you didn't read them. You are entertaining yourself by, how did you say it, "pushing people's buttons". Make sure not to give it away again your ban will be forthcoming.

Originally Posted by echosonic

DITTO THAT. Gizmodo can suck it. I hope they get pinched hard. Lam should be fired. They're a bunch of arrogant imbeciles who pulled this stunt and then tried to make the devleoper who lost (or had stolen from him) that phone look like an idiot.

It will be a sweet moment when this comes full circle.

Originally Posted by plankton

What stuns me is the AMAZING stupidity of the person who found the G4 phone. Didn't they realize the largesse Apple would have lavished on someone with the morals and cojones to hand it in? This company gives away spondoolix of freebies to people just for spending a buck on the quadrillionth iTunes download. What was the top secret iPhone worth to thema damned sight more than a lousy $5000 from Jizmodo, that's what.
S/he could have walked out that bar, taken a taxi to 1 Infinite Loop, walked in to reception, and asked to see Steve or Phil or Johnny because s/he had something they REALLY would want back now and then been set for LIFE (after signing the NDA) with a new MacBookPro every time a new model arrives, free iTunes forever, free iPhones and iPads for their heirs until the sun becomes a red giant......
I hope the dumbass thinks about that as the rap sheet is being read.

Originally Posted by JakeBarnes

Or he could have done it because it's simply the right (and legal) thing to do.

Americans! How does it affect MEEEE???? The greatest generation was a LONG time ago.

Originally Posted by techno

The best thing to come out of this entire thread is Dr. No getting banned.

Originally Posted by JakeBarnes

Or he could have done it because it's simply the right (and legal) thing to do.

Americans! How does it affect MEEEE???? The greatest generation was a LONG time ago.

Originally Posted by Dr.No

Wrong. That only works if it's illegal in both states. It's not. Represent yourself in court, it'll be hilarious.

Originally Posted by elliots11

I love Apple, the company makes great stuff and I wish them well. I get tired of the secrecy and mystery. It wears thin three phones in. Not to mention the iPad. I don't see how most people, especially gadget lovers, can be upset about seeing what is arguably the ultimate gadget early. You should be happy.

Originally Posted by iStud

Next question. Who took the pictures?

And by the way, your sentence says that they stole NY, but they didn't have it. That was weird.

Originally Posted by bucci

Slightly off topic, but...

What's with all the Gizmodo hate? Every single person on this thread probably read their article on the new iPhone and loved every minute of it, just like I did.

Originally Posted by bucci

Slightly off topic, but...

What's with all the Gizmodo hate? Every single person on this thread probably read their article on the new iPhone and loved every minute of it, just like I did.

Originally Posted by RichL

The irony here is that Gizmodo are massive Apple fanboys.

Originally Posted by MandrakeTheMagician

+ 1

all the comments against gizmodo are ridiculous ....

Originally Posted by bucci

Slightly off topic, but...

What's with all the Gizmodo hate? Every single person on this thread probably read their article on the new iPhone and loved every minute of it, just like I did.

Originally Posted by Mark Booth

I'm of the opinion that Gawker Media committed a criminal act with the purchase and sharing of the prototype iPhone. I've read up on some of the laws that apply to the situation and my armchair analysis is this:

--big snip--

Mark

Originally Posted by anantksundaram

I agree with your sentiment. The holier-than-thouness in this thread is quite breathtaking.

Originally Posted by benice

All over the world the media is aggressively opportunistic with their stories and routinely blurb busines secrets out before the companies are ready to formally release them. That's the way a competitive media industry works.

Originally Posted by benice

I couldn't agree more. There is so much righteousness here and yet everyone lapped up every single video and photo that Gizmodo produced about this.

Only after the fact everyone is critical of Gizmodo so they can be smug about Apple's propriety in this. Apple doesn't need protecting from a mistake that they made.

All over the world the media is aggressively opportunistic with their stories and routinely blurb busines secrets out before the companies are ready to formally release them. That's the way a competitive media industry works. We are all better informed as a result while the companies are kept on their toes to keep innovating faster and faster to keep up with it all.

Originally Posted by q dude

Really? So the media should be above the law! Have you even thought about what you wrote?

Originally Posted by Mark Booth

I'm of the opinion that Gawker Media committed a criminal act with the purchase and sharing of the prototype iPhone. I've read up on some of the laws that apply to the situation and my armchair analysis is this:

1) Although the prototype iPhone was supposedly found in a bar, the person that found it did NOT make reasonable attempts to return the iPhone to its proper owner. The moment that person removed the iPhone from the bar, he/she became guilty of theft. It was not his/hers to take and it CERTAINLY was not his/hers to sell. This is the person that I have the most desire to see prosecuted for criminal activity. Having him/her spend a bit of time in jail would send a nice message to all of the "finders keepers" believers out there. (The ones that are, apparently, still in grade school.) Once the thief has to hire a lawyer to defend him/herself, he/she will wish he/she had gotten a lot more than $5K from Gawker Media. In fact, I bet that person is worried sick right now. As he/she should be!

2) By Gawker Media's own admission, they knew the prototype iPhone did not belong to the person they purchased it from. That's all that we need to know. They KNEW it was not the rightful property of the person selling it. In my opinion, by purchasing it, Gawker Media became guilty of purchasing stolen property.

3) Gawker Media's argument that "they didn't know what they had until they opened it" is pure nonsense. There's no way they would spend $5K to purchase a phone device if they didn't already know it was something special. They knew.

4) "Freedom of speech" and "Freedom of the press" will not protect Gawker Media in this case. This isn't a first amendment case. It's a criminal case about stolen property. The first amendment issues would only come into play during a subsequent civil suit (filed by Apple) over the release of trade secrets, etc.

5) Apparently, the only good advice Gawker Media got from their "legal team" was to make sure the prototype iPhone remained in California. That saved Gawker Media from the biggest bag of hurt. Had the prototype crossed state lines, then it would be the US District Attorney and the FBI investigating this situation. The federal laws on the transportation of stolen property across state lines are quite clear. It would have been a felony.

6) Lastly, the story linked at the beginning of this thread is about a CRIMINAL investigation. Nowhere does it say that Apple is suing Gawker or anyone else. Apple may be preparing a civil suit, but, as of now, none has been announced. This story is about possible criminal activity. Other than Apple possibly filing the actual criminal complaint (which I suspect they did and, frankly, predicted they would), the investigation is now in the hands of Santa Clara law enforcement. If, during their investigation, they discover that the prototype iPhone ever crossed state lines, I am sure the feds will get involved too. If Santa Clara law enforcement finds sufficient evidence of violation of California law, then charges will be brought.

And HERE IS THE IMPORTANT PART... In a CRIMINAL case, Gawker Media cannot use a first amendment defense to protect the person that found and sold the prototype iPhone. In a CRIMINAL case, they will be forced to reveal the identity of that person. If Gawker Media refuses, then principles at Gawker Media will likely find themselves behind bars for contempt of court and charged with interfering with a criminal investigation.

If the person that "found" this prototype iPhone is reading this... You should be very very worried right now! You are in for a world of hurt if law enforcement and the DA decides to move forward with criminal charges. You could be facing jail time and significant fines. Gawker Media will not be able to protect you. Your best bet is to come forward immediately and contact the Santa Clara district attorney to try to work a plea deal in exchange for your testimony against Gawker Media. I'm sure the district attorney would rather make the bigger headlines of hanging Gawker Media out to dry vs. some John Doe that happened to make a really really stupid error in judgement in a bar.

Then, after the criminal part is done, then you can start worrying about the civil suit that Apple might bring. But at least that won't land you in jail.

BTW, the above recommendation applies to Jason Chen, who is, apparently, the Gawker Media employee that is based here in California that held possession of the prototype iPhone for Gawker. Jason is likely to be the "fall guy" in any criminal prosecution. If there is an arrest (fingerprinting and photos and all that stuff), Jason is likely to be the first one. Jason just might want to consider working a plea deal himself.

Mark

Originally Posted by anantksundaram

I agree with your sentiment. The holier-than-thouness in this thread is quite breathtaking.

Originally Posted by q dude

Really? So the media should be above the law! Have you even thought about what you wrote?

Originally Posted by Mark Booth


3) Gawker Media's argument that "they didn't know what they had until they opened it" is pure nonsense. There's no way they would spend $5K to purchase a phone device if they didn't already know it was something special. They knew.

Originally Posted by Mark Booth

This story is about possible criminal activity. Other than Apple possibly filing the actual criminal complaint (which I suspect they did and, frankly, predicted they would), the investigation is now in the hands of Santa Clara law enforcement.

Originally Posted by DoctorBenway

...

Originally Posted by q dude

Really? So the media should be above the law! Have you even thought about what you wrote?

Originally Posted by anantksundaram

No one should be above the 'law.' But in a country such as the US, the 'law' is constantly evolving, and that's the way it should be. The envelope-pushing is a necessary part of that evolution.

Originally Posted by Stevie

They are not above the law. The law accommodates the people's right to know.