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Police investigating Gizmodo's iPhone prototype story - Page 3

post #81 of 393
Quote:
Originally Posted by Dr.No View Post

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

Is it legal to sell stolen property in NY? Or is it legal to take purchased stolen property in another state to NY?
Are you as Thick as the Teckstud?
post #82 of 393
Quote:
Originally Posted by blurpbleepbloop View Post

It's not Californian law...it's California law.

And Upcommence is not a word. It's comeuppance.

And Gizmodo - willfully took part in a crime by accepting obviously stolen property.

-Blurp

"Comeuppance"! That's what I was trying to rack out of my drained brain cell head! Thanks.

Oh, and as 'Spelling Police' you better get busy... Upcommence

Hey my post made Google... third one down. What you know...

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Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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post #83 of 393
Quote:
Originally Posted by Mister Sweaters View Post

You must've "forgotten" to include all the articles and laws people have been citing left and right.. I mean, it's right in front of you, but you're too caught up in enjoying that weed and patting your own back..

I see a picture of a bag - and a fictional cop. I don't see any intrastate laws or NY law cited, or how it would be applied outside of CA.

Great pic of an actor from Dragnet tho. Not sure if they'd take that as evidence in court tho.

Unless it's magical court.
post #84 of 393
Quote:
Originally Posted by satcomer View Post

The problem is Gizmodo people are not journalists. They are part of a blog.

the blog makes them journalists in a sense. crappy ones but still

there's actually several legal issues going on

1. it's possible that the phone wasn't found but was stolen and the guy just got super lucky.
2. Gizmodo paid to get something they knew didn't belong to the guy and under Cali law that's stolen goods
3. Gizmodo published trade secrets without permission from Apple
4. Gizmodo allegedly tweeted they would pay for information before the incident, encouraging the violation of contracts and perhaps even the theft of the phone
5. libel/slander of Mr Powell
post #85 of 393
Quote:
Originally Posted by Dr.No View Post

I see a picture of a bag - and a fictional cop. I don't see any intrastate laws or NY law cited, or how it would be applied outside of CA.

Great pic of an actor from Dragnet tho. Not sure if they'd take that as evidence in court tho.

Unless it's magical court.

I know you're a troll, but if you step outside from under the bridge..

http://jballer.tumblr.com/post/54096...cret-liability

http://daringfireball.net/2010/04/gi...ototype_iphone
post #86 of 393
Quote:
Originally Posted by iStud View Post

Is it legal to sell stolen property in NY? Or is it legal to take purchased stolen property in another state to NY?
Are you as Thick as the Teckstud?

Would it be recognized as stolen in NY? Are you also a nerd obsessed with another nerd and am projecting random names at me?

You don't need to re-answer that second question. We got it already.
post #87 of 393
Quote:
Originally Posted by Mister Sweaters View Post

I know you're a troll, but if you step outside from under the bridge..

http://jballer.tumblr.com/post/54096...cret-liability

http://daringfireball.net/2010/04/gi...ototype_iphone

I see laws from CA being described and redressed in CA. How do those apply in NY? Do they? - I don't see anything in there about that.

But hey - great links. Don't say anything pertinent - but GREAT links!


And "Daring Fireball" should really go into law. They're just the thing for all your "Daring Fireball" legal needs.
post #88 of 393
Quote:
Originally Posted by Dr.No View Post

Would it be recognized as stolen in NY?

I don't know, tell us, your honor..

But since you're playing make believe anyways, let's throw this out there - If this forum was a jury, you'd be up shit creek without a paddle..
post #89 of 393
Quote:
Originally Posted by Dr.No View Post

Would it be recognized as stolen in NY?

You are the expert here. What do you think? Will it be recognized as stolen in NY? If yes, it would be a crime in both states.

Why would it not be recognized as stolen in NY, can you venture an opinion or are you to thick headed for that?
post #90 of 393
Quote:
Originally Posted by Dr.No View Post

I see laws from CA being described and redressed in CA. How do those apply in NY? Do they? - I don't see anything in there about that.

But hey - great links. Don't say anything pertinent - but GREAT links!


And "Daring Fireball" should really go into law. They're just the thing for all your "Daring Fireball" legal needs.

Here's a nice quote you so eloquently looked over..

Quote:
@Dr.No - there is something in the New York Penal Code called "Criminal Possession of Stolen Property". There are various degrees 1st-5th that range from felony to misdemeanor.

And the real kicker is section 165.60 that clearly states that it is NO defense that the larceny of the property did not occur in the State of New York.
post #91 of 393
Quote:
Originally Posted by Mister Sweaters View Post

but is there a section in there about medical weed? the rest is just white noise to this enlightened rhodes-scholar

Says the DA. Wait you're not? Theeeeen why is this all open and shut before they've even determined if there's a CASE?

Oh right - it's because some people said so on a forum.

(And I'm Tekstud - because some nerds have some weird obsession with that name and decide to apply that to anyone they disagree with)

Now that's the kind of laser-beam focus that wins court-cases!
post #92 of 393
Quote:
Originally Posted by Dr.No View Post

and am projecting random names at me?

I just loved your Freudian lapsus. Who is choosing random names and assigning them to whom?
post #93 of 393
Quote:
Originally Posted by Dr.No View Post

They (perhaps) broke a California law. Gawker (owners of Gizmodo) is based in NYC. So what.



Hey - I got an idea - medical pot is legal in California - light up a joint in front of a policeman in New York City. Or a DEA office in Washington DC. Let me know how that works out for you, and don't forget to forward me the mug-shots.


So you are saying mail fraud or identity theft is not on the Federal roster of laws?

And Bush got so much grief for wiretapping phones, when all he had to do was steal the person's password info and pretend he was someone he was not and then rifle through their e-mail. Then, when caught, he could just claim it was all a prank!


Even though CA has a medical pot law, you try to light up a joint in front of a policeman or a DEA officer in California and you can send ME the mug shots!

Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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post #94 of 393
This might make for a CSI: New York and The Mentalist crossover episode. \
Dick Applebaum on whether the iPad is a personal computer: "BTW, I am posting this from my iPad pc while sitting on the throne... personal enough for you?"
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Dick Applebaum on whether the iPad is a personal computer: "BTW, I am posting this from my iPad pc while sitting on the throne... personal enough for you?"
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post #95 of 393
Quote:
Originally Posted by Rot'nApple View Post

So you are saying mail fraud or identity theft is not on the Federal roster of laws?

And Bush got so much grief for wiretapping phones, when all he had to do was steal the person's password info and pretend he was someone he was not and then rifle through their e-mail. Then, when caught, he could just claim it was all a prank!


Even though CA has a medical pot law, you try to light up a joint in front of a policeman or a DEA officer in California and you can send ME the mug shots!

The best part is his logic. He clearly knows medical pot laws so well, he must've just overlooked the fact that you're not permitted to smoke it in public, with or without a doctor's note and/or ID card.
post #96 of 393
Quote:
Originally Posted by Dr.No View Post

(And I'm Tekstud - because some nerds have some weird obsession with that name and decide to apply that to anyone they disagree with)


No matter how many times you change your name, Your idiocy blows your cover!

No need to state who you are, it is blatantly obvious!
post #97 of 393
Quote:
Originally Posted by Mister Sweaters View Post

Here's a nice quote you so eloquently looked over..

Right - thank you - so does it qualify as stolen in the state in NY? Or is this just as CA defines it? That's the whole damn question!

post #98 of 393
Quote:
Originally Posted by iStud View Post

No matter how many times you change your name, Your idiocy blows your cover!

No need to state who you are, it is blatantly obvious!

It IS? Can you see what finger I'm raising to the screen right now too?
post #99 of 393
Quote:
Originally Posted by Dr.No View Post

Right - thank you - so does it qualify as stolen in the state in NY? Or is this just as CA defines it? That's the whole damn question!


Why would it not qualify as stolen in NY? I bet you can't explain in less than 10 words why. Your laser beam focus mind may melt
post #100 of 393
Quote:
Originally Posted by Dr.No View Post

Right - thank you - so does it qualify as stolen in the state in NY? Or is this just as CA defines it? That's the whole damn question!


I think everyone here has pretty much expressed how it's viewed, but why ask me, I'm not the guy trying to peddle pipe dream legal loopholes.
post #101 of 393
Quote:
Originally Posted by Dr.No View Post

They (perhaps) broke a California law. Gawker (owners of Gizmodo) is based in NYC.

Gawker Media has LA based interns for all their sites. One of them might have done the actual exchange which means receipt of stolen goods in California and then possibly transportation of said good across state lines (which is a federal offense) and if they mailed it via the US postal service that's another federal law broken.

Quote:
Originally Posted by SpamSandwich View Post

I think there may also be a law against enticing criminal acts with a promise of payment. I do not know the specifics but I remember hearing something along this line at a point in time.

yep. there sure is in Cali. came up with Valleywag (also a Gawker site) blantantly advertised payments of up to 100k or information or access to the unannounced Apple tablet


Quote:
Originally Posted by Dr.No View Post

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

since you are so smart, where's the NY law that says that it's okay to 'find' something and not return it and then sell it to another party.

since you demanded someone else back up their claim with such info, you should also

Quote:
Originally Posted by Avonord View Post

I never read Gizmodo before until this. And I must say, this whole incident makes them look like an ass.

yep and lawsuit or not this could bite them in that ass. cause who wants to put ads on a site like that. and ads are how they make their money

Quote:
Originally Posted by DaveGee View Post

Apple reported the theft as soon as they knew about it right?

probably not and in Cali it doesn't matter. the laws consider anything you find and don't return to be 'stolen goods'.
and no matter what this guy claims he really did not try to return it. if he was sincere he would have left it at the bar or he would have driven to the nearest Apple store (perhaps 30 minutes alway tops) and handed it over to the manager or taken it straight to Apple (again perhaps 30 minutes tops). or even just fed ex'd it to Apple.
post #102 of 393
Quote:
Originally Posted by Dr.No View Post

It IS? Can you see what finger I'm raising to the screen right now too?

This is a family oriented site, so I'll restrain from answering that as it deserves. Just put it back where it was before you rose it to the screen.
post #103 of 393
Quote:
Originally Posted by iStud View Post

Why would it not qualify as stolen in NY? I bet you can't explain in less than 10 words why. Your laser beam focus mind may melt

Because you're citing CA law - as it applies to a narrow definition of "theft". Does it constitute theft in NY! Seems that they're not even certain at this point if it's theft in CA because the police in Santa Clara are still investigating it, but that's been glossed over by everyone here. AI's comments are all screaming "they stole it"! Did they? That hasn't even been determined - let alone how that applies in states that might not recognize it as stolen in the first place.

The legal experts here have already melted my brain - who needs lasers.
post #104 of 393
Quote:
Originally Posted by charlituna View Post

probably not and in Cali it doesn't matter. the laws consider anything you find and don't return to be 'stolen goods'.
and no matter what this guy claims he really did not try to return it. if he was sincere he would have left it at the bar or he would have driven to the nearest Apple store (perhaps 30 minutes alway tops) and handed it over to the manager or taken it straight to Apple (again perhaps 30 minutes tops). or even just fed ex'd it to Apple.

Also pretty amusing that he gave the information of the engineer to Giz to expose, yet he didn't put 2 and 2 together, realizing he should probably call said engineer instead of Apple. The story is so full of holes.
post #105 of 393
Quote:
Originally Posted by Dr.No View Post

Because you're citing CA law - as it applies to a narrow definition of "theft". Does it constitute theft in NY! Seems that they're not even certain at this point if it's theft in CA because the police in Santa Clara are still investigating it, but that's been glossed over by everyone here. AI's comments are all screaming "they stole it"! Did they? That hasn't even been determined - let alone how that applies in states that might not recognize it as stolen in the first place.

The legal experts here have already melted my brain - who needs lasers.

More than 10 words! Try again
post #106 of 393
Quote:
Originally Posted by Dr.No View Post

They (perhaps) broke a California law. Gawker (owners of Gizmodo) is based in NYC. So what.



Quote:
Originally Posted by Dr.No View Post

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


Is it your understanding that a company based in New York is immune to an alleged potential criminal act committed in California?

[Note that you qualified your second statement, quoted above, with the operative word: IF...]

Please bolster with your assertions with reliable links please. Specifically, what is the definition of theft and purchase of goods obtained by such means in NY.

Repetiition does not make an assertion a fact.

CGC

N.B. I agree that the facts have to be established, that is what the District Attorney's Office was trying to do. It is also true that a legal office may not prosecute all legal wrongdoings, for one reason or another.
post #107 of 393
re:"Gawker Media has LA based interns for all their sites. One of them might have done the actual exchange which means receipt of stolen goods in California and then possibly transportation of said good across state lines (which is a federal offense) and if they mailed it via the US postal service that's another federal law broken. "

Bingo! So GAWKER - might not have broken any laws - some freelancer in California might have. Got it - so GAWKER / Gizmodo isn't relevant. And as far as transportation - um - the device never left CA (Apple picked it up from the writer's place in Northern CA). What transportation happened across what stateline?

The digital pictures?

GAH - amateur lawyers HURT! They HURT!

post #108 of 393
Quote:
Originally Posted by Dr.No View Post

Bingo! So GAWKER - might not have broken any laws - some freelancer in California might have. Got it - so GAWKER / Gizmodo isn't relevant. And as far as transportation - um - the device never left CA (Apple picked it up from the writer's place). What transportation happened across what stateline?

The digital pictures?

Teckstud= Dr.No -> Answer one question at a time...

Who paid $5000 for the prototype?
post #109 of 393
Quote:
Originally Posted by Dr.No View Post

You can't be gay and married in CA - you can in other states - but that doesn't matter either right?

Right! Now you're getting it. It's called non-recognition. Just because you got gay-married in Vermont, let's say, doesn't mean your marriage has merit in the eyes of California law.

Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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post #110 of 393
Quote:
Originally Posted by solipsism View Post

I've never seen such an angry thread that was ACTUALLY still on topic. I'm not sure if that is good or bad.

Must be a thread from one of them "parallel" universes I saw on Fringe.
Or it's all the pot smoke from Nurse no..
Crying? No, I am not crying. I am sweating through my eyes.
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Crying? No, I am not crying. I am sweating through my eyes.
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post #111 of 393
Quote:
Originally Posted by Mister Sweaters View Post

Also pretty amusing that he gave the information of the engineer to Giz to expose, yet he didn't put 2 and 2 together, realizing he should probably call said engineer instead of Apple. The story is so full of holes.

You know the funny thing was he didn't want to return it to Apple Store because he was so noble:

"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 I guess selling it to the highest bidder is the right thing to do. Basically his logic was "if someone going to make money out of it then it should be me".
post #112 of 393
Too bad the app vBulletin doesn't send a PM to a member whenever someone adds that member to their "ignore" list. Some people would find out PDQ that they're tilting at windmills when 50 or 60 PMs arrive...

Another feature that would be nice is for vBulletin to "ignore" on a per-post basis replies that include a quote from an ignored poster.

And finally: Thank you "cmf2" for your sig line: The key to enjoying these forums: User CP -> Edit Ignore List, which has helped others filter the current judicial expert troll.
post #113 of 393
Quote:
Originally Posted by jdavy View Post


I care a great deal.

They should be sued for liable.

I hope Apple puts them out of business.


I love this forum.
post #114 of 393
Never realized there were so many astute lawyers posting on Apple Insider.

I think Judge Judy ought to be assigned as the judge for Gizmodo's case. Nothin like a good "come to Jesus" talk to straighten out this mess.
post #115 of 393
Quote:
Originally Posted by iStud View Post

Teckstud= Dr.No -> Answer one question at a time...

Who paid $5000 for the prototype?

Who cares? You can give me a bunch of money for any reason you want. In fact, I'd appreciate it. Gawker / Gizmodo only paid for the PICTURES (which is how a lot of news orgs pay for interviews - if the person has a crappy photo or anything they can loophole pay-for it happens all the time. Even in Time and CNN. But that's not relevant anyway.

And why do you have the hots for him? I mean the sexual tension is palatable, you must really want him badly to keep calling everyone "Tekstud". Is he Tekstudly? Do you want to be Tekstudded?

Let it go dude. People get bored at 4-5pm on a Friday (if they have a job that is).
post #116 of 393
Quote:
Originally Posted by Dr.No View Post

And why do you have the hots for him? I mean the sexual tension is palatable, you must really want him badly to keep calling everyone "Tekstud". Is he Tekstudly? Do you want to be Tekstudded?

Let it go dude. People get bored at 4-5pm on a Friday (if they have a job that is).

Now I'm CONVINCED you've got plenty of relevant arguments and rebuttals for the subject at hand.
post #117 of 393
Quote:
Originally Posted by Dr.No View Post

And why do you have the hots for him? I mean the sexual tension is palatable, you must really want him badly to keep calling everyone "Tekstud". Is he Tekstudly? Do you want to be Tekstudded?

Let it go dude. People get bored at 4-5pm on a Friday (if they have a job that is).

I always thought Tekstud was a girl though.
post #118 of 393
Quote:
Originally Posted by Dr.No View Post

A narrow definition of "stolen" in one state may not apply in another in this instance.

Thanks - I like doing really well. Do I get a gold star sticker now?

Yes you do very well --- at being overlooked and ignored . Mr id ten t
post #119 of 393
Quote:
Originally Posted by Mister Sweaters View Post

Now I'm CONVINCED you've got plenty of relevant arguments and rebuttals for the subject at hand.

pwned!
post #120 of 393
Quote:
Originally Posted by Dr.No View Post

Bingo! So GAWKER - might not have broken any laws - some freelancer in California might have. Got it - so GAWKER / Gizmodo isn't relevant. And as far as transportation - um - the device never left CA (Apple picked it up from the writer's place in Northern CA). What transportation happened across what stateline?

GAH - amateur lawyers HURT! They HURT!


Which is it Mr. Pro Lawyer? "GAWKER might not have broken any laws" or the "freelancer in CA might have!" and if GAWKER might not have, then maybe they might have which then how are they not "relevant"? "Might not have" sounds as if you were their lawyer, they have a rock solid case! NOT.

Real legal brilliance on your part, but you have given yourself too much rope and we know what fools do with too much rope.

Too bad this was not on Judge Judy, it would have been interesting to see on tv, her giving you your lunch!

Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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Ten years ago, we had Steve Jobs, Bob Hope and Johnny Cash.  Today we have no Jobs, no Hope and no Cash.

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