Apple asks for iPhone prototype back, Gizmodo could face UTSA lawsuit

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  • Reply 321 of 364
    Quote:
    Originally Posted by Tulkas View Post


    Too late. solipsism sold it to Shoemodo for $200. Won't they be for a surprise when they find out it isn't a Nike prototype but my 10 year old Nike Airs.



    Now how am I going to get my 3 million page views and appearance on NPR?
  • Reply 322 of 364
    dr.nodr.no Posts: 75member
    Quote:
    Originally Posted by DoctorBenway View Post


    Now how am I going to get my 3 million page views and appearance on NPR?



    Steal the other shoe - simple.
  • Reply 323 of 364
    The moderators hate tiny text in the revision fields - so don't ever edit your posts or you'll be banned.



    You've been warned!



    (they also hate short people - it's the only reason I can think of why they hate tiny little text)
  • Reply 324 of 364
    Quote:
    Originally Posted by DoctorBenway View Post


    The moderators hate tiny text in the revision fields - so don't ever edit your posts or you'll be banned.



    You've been warned!



    (they also hate short people - it's the only reason I can think of why they hate tiny little text)



    I forgot to change something - but I couldn't because they hate tiny text - remember no edits for anyone anymore.
  • Reply 325 of 364
    reereereeree Posts: 3member
    Quote:
    Originally Posted by DoctorBenway View Post


    Christ, 20 threads of morons playing lawyer is amusing for a while but then pain sets in. If you're an attorney - speculate your balls off. Otherwise Stfu PLEASE!



    "I heard that if an alien from Mars attempts to sell stolen goods, then you have the right to submit for discovery with the nearest legal office on Phobos. S'true I saw it on Star Trek!"



    Ffffffffuuuuuuuuuuuuuuuu



    in the army we used to call these people barrack's lawyers "i heard...". preach on
  • Reply 326 of 364
    docno42docno42 Posts: 3,758member
    Quote:
    Originally Posted by solipsism View Post


    Hold up, no one here made any such statement.



    While perhaps not coming out and saying it directly, there are a large number who have pretty much implied as much.
  • Reply 327 of 364
    docno42docno42 Posts: 3,758member
    Quote:
    Originally Posted by solipsism View Post


    It's weird having Apple play the victim role.



    Why? Is there some immutable law of the universe that prevents them from being a victim?



    What's weird is seeing people who are normally pretty thoughtful and logical be so irrational in threads like this.
  • Reply 328 of 364
    I support Apple! Gizmode, please give iPhone prototypes back to Apple, you two could be partners, not enemies!
  • Reply 329 of 364
    solipsismsolipsism Posts: 25,726member
    Quote:
    Originally Posted by DocNo42 View Post


    Why? Is there some immutable law of the universe that prevents them from being a victim?



    What's weird is seeing people who are normally pretty thoughtful and logical be so irrational in threads like this.



    Because they usually aren't perceived as such, even when it comes to company's like Psystar stealing their IP, simply because of their size creating a David v/ Golatlith scenerio means there is an "immutable law of the universe that prevents them being a victim?"
  • Reply 330 of 364
    freddychfreddych Posts: 266member
    Quote:
    Originally Posted by [email protected] View Post


    I support Apple! Gizmode, please give iPhone prototypes back to Apple, you two could be partners, not enemies!



    1) the prototype was already returned.



    2) they are already enemies since gizmodo reported on jobs' bad health.
  • Reply 331 of 364
    ouraganouragan Posts: 437member
    I don't think that any actionable wrong was committed here, hence, that Apple could ask for any remedy. And where I live, in Quebec, Apple would have to pay back the $5,000 paid by Gizmondo to acquire the iPhone lost by an Apple engineer.



    A theft is a criminal offence, but must be proven beyond any reasonable doubt. A theft is never presumed. Theft would be stealing the iPhone under the threat of a gun, for instance, or breaking in the appartment or office of the Apple engineer, which didn't take place here. Didn't anyone hear of the legal maxim "Finder's keeper"?



    And to assume that Gizmondo broke the law and revealed a trade secret just because Apple didn't want the info about the iPhone to be revealed 6 weeks prior to its commercialization is a bit of a stretch. What strikes me here is the absence of damage, the benigm character of what was published and the co-operation of Gizmondo in returning the lost iPhone.



    In part due to the security measures taken by Apple, the wiping out of the phone and the steel casing covering the internal parts of the iPhone, nothing much was revealed by Gizmondo besides the facts that an iPhone prototype was lost by an Apple engineer and that it includes 2 cameras, a flash and a better screen. Was it news to anyone reading rumor-type publications that a new iPhone model was due for next June with possibly a second camera, a flash and a better screen? It certainly was no secret for Apple cell phone competitors.



    If I were Gizmondo, I wouldn't loose any sleep over it. And congratulations for the articles. Thanks, also, for the free publicity for Apple, timed exactly 6 weeks before the launch of a new model of iPhone. Apple couldn't have done any better if it wanted to ...





  • Reply 332 of 364
    solipsismsolipsism Posts: 25,726member
    I know many of you will go out drinking at bars this weekend. Remember that beer googles affect many things. If you find a phone that you think is the next generation iPhone don't take it home with you or you may wake up with this next to you. Sure, it might be fun to play with that night even though your friends will mock you for it, and it outputs some crazy codecs because it has to to get any action compared to more attractive phones, but we both know that the next day it won't look as good or work as well as you thought it did that night in the bar when you found it.
  • Reply 333 of 364
    freerangefreerange Posts: 1,597member
    Quote:
    Originally Posted by elliots11 View Post


    I'm incredibly glad that Gizmodo outed the new iPhone. Every couple of months it's a new Apple rumor and there's all this speculation, and then it finally comes out, sometimes surprising, sometimes underwhelming, rarely exactly as thought.



    Further, I think it's what any tech website should do. If you get ahold of the new iPhone before it's released, it's almost your job to bring it to your readers. This isn't journalism as as important as Watergate, but dammit if you're going to sit there and speculate for months on end when you can just get ahold of it early and tell us the facts, then by all means do it.



    Is it going to come out that Giz did some shady stuff to get this phone? I don't care. I like knowing what's coming sometimes. They got me what no one else could. I'm tired of reading rumor after rumor, and then two weeks after its out they start with rumors about the next one, like the OLED iPad screen. BFD the damn thing just came out.



    If Apple's whole marketing strategy is to leak rumor after rumor, then they should be paying you guys directly. I'm sick of being teased and reading all this speculation. Is the new phone done? Great, release it. Well I say I'm sick of it, but I'll be back to read more tomorrow. I'm just glad that at least once something unscripted happened, and the guys at Gizmodo deserve a big pat on the back for doing this, and they get a lot of cred in my book. I hope they don't get sued, they're doing their job, and someone else f'd up.



    Now on to the KoolAid drinkers who scream bloody murder that the iPhone was outed with out their lord and savior's say so.



    You have no right to know! This is tantamount to corporate espionage. These are trade secrets for a multi_BILLION dollar franchise and you frk'n think this is something they should get a pat on the back for? For breaking the law?
  • Reply 334 of 364
    freerangefreerange Posts: 1,597member
    Quote:
    Originally Posted by ouragan View Post


    I don't think that any actionable wrong was committed here, hence, that Apple could ask for any remedy. And where I live, in Quebec, Apple would have to pay back the $5,000 paid by Gizmondo to acquire the iPhone lost by an Apple engineer.



    A theft is a criminal offence, but must be proven beyond any reasonable doubt. A theft is never presumed. Theft would be stealing the iPhone under the threat of a gun, for instance, or breaking in the appartment or office of the Apple engineer, which didn't take place here. Didn't anyone hear of the legal maxim "Finder's keeper"?



    And to assume that Gizmondo broke the law and revealed a trade secret just because Apple didn't want the info about the iPhone to be revealed 6 weeks prior to its commercialization is a bit of a stretch. What strikes me here is the absence of damage, the benigm character of what was published and the co-operation of Gizmondo in returning the lost iPhone.



    In part due to the security measures taken by Apple, the wiping out of the phone and the steel casing covering the internal parts of the iPhone, nothing much was revealed by Gizmondo besides the facts that an iPhone prototype was lost by an Apple engineer and that it includes 2 cameras, a flash and a better screen. Was it news to anyone reading rumor-type publications that a new iPhone model was due for next June with possibly a second camera, a flash and a better screen? It certainly was no secret for Apple cell phone competitors.



    If I were Gizmondo, I wouldn't loose any sleep over it. And congratulations for the articles. Thanks, also, for the free publicity for Apple, timed exactly 6 weeks before the launch of a new model of iPhone. Apple couldn't have done any better if it wanted to ...









    IF this would have been a Blackbery I'm sure the perpetrator would be skinned and fed to the wolves. Ahy? And no damages? This has the potential to destroy 10's of millions of dollars in sales over the next quarter, and give competitors a heads-up on what they need to do to further steal Apples innovations over the next couple of months. I guess 10's of millions of dollars is chump change in Canada. Ahy?
  • Reply 335 of 364
    solipsismsolipsism Posts: 25,726member
    You might want to cool it with your personal attacks, FreeRange.
  • Reply 336 of 364
    Quote:
    Originally Posted by solipsism View Post


    You might want to cool it with your personal attacks, FreeRange.



    I 2nd that.
  • Reply 337 of 364
    piotpiot Posts: 1,346member
    Theft!



    " What he never did, however, was notify anyone who worked at the bar, according to its owner, Volcker Staudt. That would have been the simplest way to get the phone back to the Apple employee who lost it, who "called constantly trying to retrieve it" in the days afterward, recalls Volcker. "The guy was pretty hectic about it." "



    http://www.dailyfinance.com/story/wh...tory/19447570/



    (via Gruber)
  • Reply 338 of 364
    tulkastulkas Posts: 3,757member
    Quote:
    Originally Posted by FreeRange View Post


    You moron. You have no right to know! This is tantamount to corporate espionage. These are trade secrets for a multi_BILLION dollar franchise and you frk'n think this is something they should get a pat on the back for? For breaking the law? You're as dumb as they are.



    OK, first, relax with the ad homs. Not only because they violate the rules, but because you follow it up with a statement that doesn't really reflect well on you. This is not the same as corporate espionage. That would be the case if someone made efforts to acquire the phone from Apple. That was not the case here. They lost it. Get a grip on reality.
  • Reply 339 of 364
    tulkastulkas Posts: 3,757member
    Quote:
    Originally Posted by FreeRange View Post


    What an idiot! I'm sure you are clueless about Canadian law. IF this would have been a Blackbery I'm sure the perpetrator would be skinned and fed to the wolves. Ahy? And no damages? This has the potential to destroy 10's of millions of dollars in sales over the next quarter, and give competitors a heads-up on what they need to do to further steal Apples innovations over the next couple of months. I guess 10's of millions of dollars is chump change in Canada. Ahy?



    More personal attacks. You are on roll.



    At worst, Apple can expect that people that might have been in a position to buy a new phone now will be so excited by the leak that they will wait for this summer instead of going out and buying some other phone now.



    if all of your posts start with insults, it really says a lot about how much any of what you say is worth.



    (And it is spelled 'eh' not 'ahy'...always funny when a person trying to make a joke doesn't even understand the punchline)



    BTW, I live and work in Waterloo...we share office space with RIM actually. There have been cases of employees sneaking BB's out of the buildings. They were charged, but treated no differently that any other thief...why would they be?
  • Reply 340 of 364
    carniphagecarniphage Posts: 1,984member
    There are a bunch of odd things about this story which do not add up.



    And no - I am not suggesting there is a conspiracy.



    Gizmodo had the device in their possession for at least a week before publishing the story.

    Unless these guys really are drunk all the time, that seems a very long time to sit on the tech scoop of the decade.



    We can presume that Gizmodo were not 100% certain this was a genuine Apple device until they actually cracked it open and saw the components. There were certainly no shortage of experienced pundits who assumed it to be a fake.



    But once they opened the device they must have immediately known it was...

    a) Authentic

    b) The rightful property of Apple.



    At that point they have to do one of two things.

    Either run the story immediately - before Apple descends on you.

    Or (informally) contact Apple and say "We have bought a device that appears to be your property. We are not thieves and assume you want it back. PS. We have taken photographs "



    As I understand it, Apple can only issue a C&D if an NDA has been broken. So in this case could not do anything to prevent publication.



    I wonder if Apple simply asked Gizmodo to sit on the story for a week or so. As a favour?



    C.
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