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

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  • Reply 121 of 364
    matrix07matrix07 Posts: 1,993member
    Quote:
    Originally Posted by galore View Post


    When I developed firmware for cell phones (for several years), I regularly used prototypes for testing. Final "plastic" was always quite different from the prototypes and always a tightly guarded secret (because phones are a fashion accessory, too). Chances are that this iPhone is a good predictor how the actual phone will look but that the final product will not look exactly like it.



    I think it's one of many prototypes of iPhone. It might not even be a specific prototype of iPhone 4th gen. I'm sure Apple had built many of these to test various things. Isn't there a news that Apple has a lot of iPad prototype in every shapes and forms?
  • Reply 122 of 364
    ajpriceajprice Posts: 320member
    Quote:
    Originally Posted by wvmb99 View Post


    This does not seem to be taking Apple to task. I didn't say that the story wouldn't make the news, just that the major news sites would likely not blast Apple for going after these guys.



    Newsbeat is the news site for Radio 1 though, so its not 'proper' serious BBC news.
  • Reply 123 of 364
    tulkastulkas Posts: 3,744member
    Quote:
    Originally Posted by Prof. Peabody View Post


    I think this is a real stretch.



    Judging by the story Gizmodo itself published, the person who found it on the bar stool realised it was an Apple prototype (or should have based on their description of the device), the night it was found. They also knew the name of he person at Apple it belonged to. According to Gizmodo, this was "weeks" before they got it, and according to everyone else, Gizmodo had it for a week before they opened it up.



    We're not dealing with geniuses here. It's Gizmodo after all.



    No, the story says is wasn't until the next morning, when he sobered up that he realized it was not a standard Apple iPhone.



    But he, giz and all of us had not way to know it was Apple property, let alone an Apple prototype. Just look at the hundreds of posts on AI of people that were insistent that it was not an Apple device. How would some drunk know better? How would Giz know it wasn't a chinese knock off until the opened it up? How would you or I know this? We couldn't.



    By time Giz got it, it was nonfunctional, so they had no access to the information on the phone. They have not stated that they knew the facebook at account at that time. It is very possible the finder informed them of this during their later interview with him.
  • Reply 124 of 364
    Meanwhile, in other news...



    An open box containing over a hundred Zunes was found sitting in the Seattle bus station. Microsoft said the contents were intact and no merchandise was taken. The cleaning staff said that the box had been sitting out in the open for over a month but nobody came to claim it and they eventually phoned the Redmond software giant asking them to please take the box away.
  • Reply 125 of 364
    I am a BIG non-believer in conspiracy theories, so I DONT think it was intentionally left. If it was ME that found the phone? I would have definitely checked it out thoroughly and told everyone about it, but no photos. I know Steve's a hard-a**, but he obviously gets a kick out of being the first one to show the world Apple's latest cool creations, and he's earned the right to do it.
  • Reply 126 of 364
    tulkastulkas Posts: 3,744member
    Quote:
    Originally Posted by RichL View Post


    I'm concerned that Gizmodo named the engineer. They already had the phone, confirmed by Apple as real. Why did they feel the need to further ruin this guy's life? It's cruelty for the sake of cruelty.



    He had already reported it lost/stolen at work, so he was already suffering whatever consequences were coming. if he reported it stolen and it is actually the case that he lost it, whether they named him or not, he is in for further discipline.
  • Reply 127 of 364
    applebookapplebook Posts: 350member
    Quote:
    Originally Posted by Galley View Post


    Gizmodo was always 3rd-rate journalism at best.



    Totally.



    They should leave leaks and rumors to the PROS who have a proven, reliable, and LEGAL track record like Appleinsider.



    Compare the quality of Appleinsider articles to Gizmodo "articles." It's like pitting professorial work against grade school tabloid mediocrity.



    The lessons to be learned here are as follows:



    1. Do not lose a prototype of a highly secretive product.

    2. Do not pretend to be a serious source of journalism when you are a 3rd rate blog.

    3. Do not brag about your exclusive access to sensitive information, put your mug right in the video, and then claim that you did not know the prototype was obviously considered "lost" or stolen material.
  • Reply 128 of 364
    applebookapplebook Posts: 350member
    Quote:
    Originally Posted by Tulkas View Post


    He had already reported it lost/stolen at work, so he was already suffering whatever consequences were coming. if he reported it stolen and it is actually the case that he lost it, whether they named him or not, he is in for further discipline.



    Did he say how he lost it though? He could have made up a believable story that might have gotten him somewhat off the hook, but as it is, he is screwed now that the unit has been exposed to humanity. Poor, drunk sucker. He could have sold it to Giz for a decent payday.
  • Reply 129 of 364
    tulkastulkas Posts: 3,744member
    Quote:
    Originally Posted by wvmb99 View Post


    They said they did, actually. Among other excuses. However, it made no difference, I didn't say that they could keep it, so they were guilty.



    What is a reasonable attempt? Unless the finder is specifically told that it was now theirs, my suspicion is that the law will come down on the side of the owner. At least I hope it will, otherwise anyone who wants to steal anything can give me or you or whoever owns the item a phone call, claim no answer or some other such nonsense, and be off. Hey, phone records will show that they tried, right?



    Enough letters for Apple's legal council are out there, it would not be hard to find them. I suspect a phone call to the right place would be acted on quickly. Or maybe not, and Apple will soon be looking for new council. Or, maybe the conspiracy is right, and Apple planned this all along..... We'll soon see. Maybe.



    If they called you and spoke to you and you gave them no indication that it was yours, I would say that was a reasonable attempt....especially if the 'phone record' contains details of the conversations between you and him...and they were your records. Hard to deny it if you yourself recorded the call...
  • Reply 130 of 364
    ...then where's the details? Yeah, I see pictures. Does it have the A4 processor? Haven't seen that anywhere yet. You'd think that if they went and ripped into the thing, they'd at least have taken some interesting details...
  • Reply 131 of 364
    Many people these days seem to forget (and I bet they learned that at schools) meaning of word "professional ethics". No? They did not? Well I wonder then what schools teach for profession.





    You can have fresh news and even some insider information, but there are limits. Some people act like they could not use their brain on their own.





    Slap that penalty at them just to draw some line if they forgot the code of ethics... or they just pretend to be professionals, but they are simply creeps in pursuit of money from news.
  • Reply 132 of 364
    tulkastulkas Posts: 3,744member
    Quote:
    Originally Posted by applebook View Post


    Did he say how he lost it though? He could have made up a believable story that might have gotten him somewhat off the hook, but as it is, he is screwed now that the unit has been exposed to humanity. Poor, drunk sucker. He could have sold it to Giz for a decent payday.



    No idea. But if he told Apple it was stolen and it turns out he lost it, then Giz reporting his name isn't going to make Apple be tougher with him. He filed the report, so they know who he is already.



    At least he is getting his 15 minutes, though the circumstances could have been better for him.
  • Reply 133 of 364
    gqbgqb Posts: 1,934member
    Quote:
    Originally Posted by gotApple View Post


    No theft, no lawsuit. No Sword of Democles.



    The moment the 'finder' left the bar with the phone (instead of handing it to the bartender as 'lost and found'), it was stolen. Any 5 year old knows that.
  • Reply 134 of 364
    bloggerblogbloggerblog Posts: 1,831member
    It's a common behavior that when you find something you attempt to return it to its rightful owners. The iPhone could've been returned to the Apple Store, given to the authorities, or left in the Lost&Found at the bar. The one who found the phone should be ashamed of himself and Gizmodo should've known better, but I guess greed took over.
  • Reply 135 of 364
    ilogicilogic Posts: 298member
    Quote:
    Originally Posted by joedpa82 View Post


    I thought this was supposed to be a forum for Apple fans and not some political bull crap. Woohoo for new Apple iPhone and Boohoo for YKW.



    Good luck Gizmodo. Hope you won't be the next Think Secret.



    You should'a read the thread before you commented...



    Any case, welcome to AI.



    If I were gizmodo I would have done the right thing, and not have gotten greedy. Perhaps Apple would move you up on the list of favored sites. I guess I'm bias, can't expect that from Giz at all..
  • Reply 136 of 364
    williamgwilliamg Posts: 322member
    Quote:
    Originally Posted by irnchriz View Post


    They could also be charged with receiving stolen goods.



    Receiving stolen goods is generally buying or acquiring the possession of property knowing (or believing in some jurisdictions) that it had been obtained through theft, embezzlement, larceny, or extortion by someone else.



    Was the phone obtained through theft, embezzlement, larceny, or extortion?



    No? It was found?
  • Reply 137 of 364
    gqbgqb Posts: 1,934member
    Quote:
    Originally Posted by gotApple View Post


    No theft, no lawsuit. No Sword of Democles.



    Quote:
    Originally Posted by e1cap1tan View Post


    I am a BIG non-believer in conspiracy theories, so I DONT think it was intentionally left. If it was ME that found the phone? I would have definitely checked it out thoroughly and told everyone about it, but no photos. I know Steve's a hard-a**, but he obviously gets a kick out of being the first one to show the world Apple's latest cool creations, and he's earned the right to do it.



    No, if you find something of value in any establishment you turn it in to the propriatars. Taking it with you is called stealing. Are people on this list really that morally ignorant?
  • Reply 138 of 364
    benroethigbenroethig Posts: 2,782member
    Quote:
    Originally Posted by talksense101 View Post


    Apple makes 100s of working prototypes before deciding on the final version. There is no way this is the"final" version. If anything, it was a prototype that was lost.



    Maybe, but it does give a pretty good guess as it what the final feature set will be.
  • Reply 139 of 364
    aplnubaplnub Posts: 2,585member
    Quote:
    Originally Posted by stonefree View Post


    I assume AI pays its sources of leaks and info. Does that fall under "bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy" . How is that different from what Gizmodo did? Maybe Kasper should be sent to jail then, or at least shut down the site.



    I think that is a very bad assumption you just made.
  • Reply 140 of 364
    williamgwilliamg Posts: 322member
    Quote:
    Originally Posted by sflocal View Post


    Idiots like Gizmodo need to be made an example of by the courts. Otherwise, everyone else will think it's okay to essentially bribe people to break the law to line their own pockets since no one gets prosecuted.




    What law did the guy break? The reports said that he tried to find the owner at the bar.



    What law did the guy break?
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