Gizmodo affidavit says roommate's tip led police to iPhone - Page 2

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by harleighquinn

Chen committed, nothing, as all of you have pointed out via the facts available.

Originally Posted by jragosta

Sorry, I choose to associate with honest people. I'm sorry you're more comfortable living with criminals.



All the facts available indicate that Chen knowingly purchased stolen property. In what state would that NOT be a crime?

Granted, it needs to be proven in a court of law that he actually did what everyone claimed, but all the facts available point in that direction.

So how much is Gizmodo paying you?

Originally Posted by stormj

You're not a lawyer. The quotes would be admissible because they are statements by a party opponent.

Originally Posted by Foo2

cool! Indeed IANAL, but I gather that Hogan can deny under oath having made the statements, but his actions are consistent with having made them.

If you're a lawyer, stormj, these forums need more of your input--especially if you know IP law!
If you're not a lawyer, then you need to disqualify yourself or not make forthright assertions about the law.

Originally Posted by harleighquinn

Once again you elect to edit to your choosing (I am actually too tired from having been up multiple nights working on month end closing and preparing for an audit to even play with you tonight, much less think of the correct vocabulary.). WHERE does it state CHEN made the purchase?

Not in the affidavit. It blatantly states CHEN'S BOSS was the one contacted in all cases.

Where are YOU getting YOUR facts?

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by stormj

I feel sorry for Chen. He was hung out to dry by Gizmodo. They gave him bad advice.

Originally Posted by harleighquinn

^^^^^Zealot.

Ignore.....ON!!!

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by ascii

Are these same gullible people still giving Chen the benefit of the doubt? I wonder what will come of police reading the emails on his computer they confiscated?

Originally Posted by John.B

"Snitch".

As if thieves have honor...

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by str1f3

Brian Lam wrote an email to Jobs stating that he knew it would cause lost sales. Not only that but, in the email, he was seemingly trying to blackmail Jobs into giving Gizmodo better access (in exchange for getting the phone back sooner) while trying to get confirmation that this was the next iPhone so they could go ahead with the story.

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by gmcalpin

Yes, Gizmodo is in trouble and did all kinds of things wrong, but: why would Gizmodo "return" a phone to Apple if it was not Apple's in the first place?! Of course Lam needed to have it confirmed that it was Apple's property.

For all they knew, it was an elaborate hoax; the only indication they had that it was actually Apple's and not, say, a knock-off with some clever screen printing on the back, was Gray Powell's Facebook page which in and of itself could have been a hoax, because no one at Gizmodo ever saw the device while it was still functioning, and they did not dismantle it until AFTER Apple confirmed it. Which was fucking stupid, frankly.

Originally Posted by jragosta

Let's see:

Whose home was the search warrant for? Chen's

Who published the story and admitted to taking the phone apart? Chen

Who asked Apple for a letter from legal before returning the phone? Chen

Who eventually returned the phone to Apple? Chen

Now, explain to me how Chen did not take possession of stolen property.

Admittedly, his boss may also be in trouble, but that doesn't absolve Chen.

Originally Posted by Wil

If it was an elaborate hoax, Gizmodo would not be foolish enough to pay 5000 dollars unseen. I will hazard a bet that a member of Gizmodo saw the device, held the device before the sale was made.

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by MJ Web

The detective has a future in Hollywood.

Originally Posted by BertP

Let me say a word for that roommate. She showed good judgement in a difficult situation.

Originally Posted by blursd

Agreed ... it looks as if she was the only one who actually did the right thing.

Originally Posted by nvidia2008

So... Scarlett Johansson as the roommate in the movie? "Pirates of iPhone Valley"?

Being a typical male bast*rd I also have to ask, is the roommate hot?

Originally Posted by rwheadon

I don't care about the courts, the lawyers, heck... even the law.

I don't care if the kid lifted the phone off our apple guy or really "found" it.

The kid did a sleezy thing in contacting gizmodo and selling them the phone.and knew it when he did it. Gizmodo was also clearly in the wrong to purchase the phone from a person they knew had no right selling the phone.

Now that it's all unfolding before us and everyone (including me) begins brandish opinion and speculation I can disengage with my own summary.

The kid got a hold of the new iPhone prototype and instead of giving it back to Apple he sold it to Gizmodo. Everyone in this story is old enough to know how to be accountable for their actions and regardless of moral disposition knows that they did not behave in an honorable manner.

IMHO props in the story like Apple, iPhone, Gizmodo, Police and Lawyers (and those that attempt to be) are just peripheral to the matter.

Originally Posted by Kolchak

Hey, Hogan. "Sucks for you" now, doesn't it? Karma's a bitch. Hope you got some enjoyment out of that $5000 or whatever you got. You've probably figured out by now that the amount of trouble you're in isn't worth ten times that. But, hey, maybe you'll get Jason Chen as a cell mate.

Originally Posted by harleighquinn

Probably not, but I agree she did the right thing.

Originally Posted by podlife

I don't get it. If I lose something, no matter how valuable it might be, it is my mistake.

Why did Apple ever let such a valuable proto out of their labs... and why was this pretty little gem left on a bar stool?

Yep, Gizmodo acted unprofessional in leaking the story- potentially damaging existing sales of iPhones.

But again, how could Apple let this valuable iPhone proto get out of sight (in public) for even one minute?

If I find something I try to find the rightful owner... but if I just decide to keep said article, when does that become a criminal act?

Originally Posted by harleighquinn

It's like a drug case: Bust the little fish to get the big fish. In this case the big fish is Chen's BOSS. Cut and dry, Chen isn't the bad guy here, which I have said all along, therefore you are wrong. He did what he was told and he was told to to be thorough.

Can't blame the man for doing his job. He was left to swing in the wind by his superiors and the affidavit proves this.

In the end, the main mess falls on Apple and Hogan and Brian Lamb.

I am a shareholder. I have apple stock in my 401K . I chose the selection specifically for apple stock. I also have individual shares outside that, but I will be the first to admit they are guilty of vanity in this case just as much as Gizmodo's EDITORS are.

The way it will play out is Chen will be let go. I am willing to bet on it. Hogan and Warner will be hit with he brunt of the charges. Lamb MAY also be hit, but in the end they didn't "steal' the item, Hogan and Warner did. They just took the opportunity and reported on it.

What the police did in apple's favor is similar to the Latvia hacker case, wherein they raided the reporter's house to get info on the hacker. In the end they let the hacker go because he was no threat to the common good and actually revealed information everyone should know.

It's similar but not the same, but Chen did what he was told, did his job.

If your boss tell you: Be thorough, do your job. You'r gonna do it. Period. It's on him to figure out the legalities.

No one looked at that and instead persecuted Chen.

Wrong move.

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by podlife

I don't get it. If I lose something, no matter how valuable it might be, it is my mistake.

Why did Apple ever let such a valuable proto out of their labs... and why was this pretty little gem left on a bar stool?

Yep, Gizmodo acted unprofessional in leaking the story- potentially damaging existing sales of iPhones.

But again, how could Apple let this valuable iPhone proto get out of sight (in public) for even one minute?

If I find something I try to find the rightful owner... but if I just decide to keep said article, when does that become a criminal act?

Originally Posted by dan2236

Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.

Originally Posted by MacApfel

I think everyone rightly critises this comment and view as rubbish. For some reason Dan fears to be betrayed by a friend. It is rightly pointed out that she was betrayed, although I would argue that her roomates did not deliberately betray her, but sloppily put her in a dangerous position. What I think she could (not must, just could!) have done is, to yell at them what kind of idiots they are and that she will call the cops. Then call the cops. In this she would gave her roomates a head start which is all a friend can ask for in this situation, and she is out of trouble. She is not helping them as long as she is not delaying the call, all she does is telling them what she is doing this very moment.

Originally Posted by podlife

I don't get it. If I lose something, no matter how valuable it might be, it is my mistake.

Why did Apple ever let such a valuable proto out of their labs... and why was this pretty little gem left on a bar stool?

Yep, Gizmodo acted unprofessional in leaking the story- potentially damaging existing sales of iPhones.

But again, how could Apple let this valuable iPhone proto get out of sight (in public) for even one minute?

If I find something I try to find the rightful owner... but if I just decide to keep said article, when does that become a criminal act?

Originally Posted by harleighquinn

Also, the OP is incorrect in the fact the item was disassembled BEFORE Apple contacted them, not after.

I am also willing to hazard the item was not damaged, but apple will say it was anyway, to attempt to make their case.

Originally Posted by nvidia2008

Look, I'm sure some of us have been in the position as I have in my twenties when recreational drugs were used and in a small way traded at a house I shared with others. I was an ocassional user and was concerned about drugs in the house to some degree. And in reflection I don't think I was consorting with criminals but one of the things that happens in youth. I never personally sold drugs to anyone else as far as I remember.

But my friends weren't major dealers and they didn't try to stash drugs in my room or try and use my computer to communicate with the bigger dealers or other friends.

Bottom line, you gotta draw the line somewhere. In this case, the roommate was smart. The writing was on the wall. She knew she could get into some major shit.