Some stuff I am reading indicates that federal authorities will get involved in cases involving felony theft across state lines.
The gray area is what's considered a felony and/or theft...however if the phone was essentially "fenced" and transported out of California, a federal prosecutor would have to respect California's definitions.
What's unfortunate for Apple is that their support staffers were unable to recognize that the guy who called about the phone was legit. That's clearly a breakdown in their policy and procedure, and one could argue that the finder made an attempt to return the device but the company was too wrapped up in its own red tape to be able to recognize or act upon that.
Will be interesting to see how this pans out. I was sorta hoping Apple would let it ride so it drops out of the media spotlight but the finder and Gizmodo may have a bit of a reckoning for their actions.
i don't like what they did. It's really beyond stupid. If you have a tech blog you DON'T go against a company like apple. It's like saying "you don't shit where you eat". I'm not a journalist or blogger and i know it! The worst thing is that i remember seeing a photo of the apple guy who lost it. At least don't show his name, you are risking his job, it's somebody's life!. This was really stupid.
maybe nokia, kodak or adobe are paying them :P lol
Fortunately, crime is crime, and whether a journalist or a blogger, after being investigated, if they broke the law, they will get their upcommence!
No they wont. It's a blog, run by a company, and as we all know, companies are generally above the law. Will they throw the book at Gizmodo itself? Can't drag a blog into court, the Internet isn't people. Are they going to throw the guy who actually handed the $5,000 to the iPhone finder in jail? No, he was just doing what his bosses told him to do. Are they going to throw the head of Gawker Media in jail? No, because he probably makes too much money to be held to laws the same way Joe Sixpack is.
I rootkit Sony's computer network, I get prison. Sony rootkits people's PC's with their audio CDs, it pays a relatively small fine. See how the system works?
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.
The original CNET article stated:
"Under a California law dating back to 1872, any person who finds lost property and knows who the owner is likely to be but "appropriates such property to his own use" is guilty of theft. If the value of the property exceeds $400, more serious charges of grand theft can be filed. In addition, a second state law says that any person who knowingly receives property that has been obtained illegally can be imprisoned for up to one year."
I imagine the value of the prototype greatly exceeded $400.
It seems to me that the fellow who found the device is almost assuredly involved in a theft under this definition. If he was in California when he transferred possession, then the other party would also have broken the law. I have no idea as to how the Federal laws against transporting stolen goods across state lines work if the definition of "stolen property" differs.
It certainly was "stolen property" (by Calif law) when it approached the state line. It seems to me that the person carrying it was therefore "transporting stolen property across state lines" even if it was not considered stolen once on the other side.
They should just invite them to the next Apple event - then grab their asses when they show!! :P (joking)
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.
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.
Hello Rockgod,
please read who you are replying to before multi-quoting.
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.
Gizmodo got a scoop and went for it. I can't believe I'm reading all these hateful comments here. People should be pumped they got to see the new iPhone early. I know I am. I guess if you're a stockholder that's one thing, but it's probably not going to hurt the stock price at all. Does it help the competition? Maybe, but most of them have shown they really don't get it anyway, and I don't know how knowing there's a front facing camera or new design is going to help them in the least. It's the software, and Apple already showed off OS 4 to the public.
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.
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 them—a 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.
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 them?a 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.
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.
Wrong. That only works if it's illegal in both states. It's not. Represent yourself in court, it'll be hilarious.
You may want to update the Supreme court on that matter, as they seem to have it wrong. You see they supreme court thinks that "...The locus of a crime is the place where the criminal act takes effect." Well where did this crime take place? The court has an opinion on that, too. They say that "a concurrent jurisdiction exists in the place of starting the offense".
Also you should contact the harvard law review and have them update their article, because they have it wrong, too.
California has Jurisdiction over this crime, as the starting place of it was clearly California.
Next time do us a favor and just shut the hell up.
-Mayes
EDIT: Haha I posted this in from the first page. Seven pages later I find out he's already banned. Oh well, it's still adds to the discussion though I think.
Comments
The gray area is what's considered a felony and/or theft...however if the phone was essentially "fenced" and transported out of California, a federal prosecutor would have to respect California's definitions.
What's unfortunate for Apple is that their support staffers were unable to recognize that the guy who called about the phone was legit. That's clearly a breakdown in their policy and procedure, and one could argue that the finder made an attempt to return the device but the company was too wrapped up in its own red tape to be able to recognize or act upon that.
Will be interesting to see how this pans out. I was sorta hoping Apple would let it ride so it drops out of the media spotlight but the finder and Gizmodo may have a bit of a reckoning for their actions.
maybe nokia, kodak or adobe are paying them :P lol
Fortunately, crime is crime, and whether a journalist or a blogger, after being investigated, if they broke the law, they will get their upcommence!
No they wont. It's a blog, run by a company, and as we all know, companies are generally above the law. Will they throw the book at Gizmodo itself? Can't drag a blog into court, the Internet isn't people. Are they going to throw the guy who actually handed the $5,000 to the iPhone finder in jail? No, he was just doing what his bosses told him to do. Are they going to throw the head of Gawker Media in jail? No, because he probably makes too much money to be held to laws the same way Joe Sixpack is.
I rootkit Sony's computer network, I get prison. Sony rootkits people's PC's with their audio CDs, it pays a relatively small fine. See how the system works?
This might make for a CSI: New York and The Mentalist crossover episode. \
Oh yes! But We want true Steve Jobs!
lets be honest, we were all desperate to see it and i have no doubt we all looked closely at the pictures and teardown!
rather than hurt apple it has just created more interest in the product. jobs must be ecstatic!!!
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.
The original CNET article stated:
"Under a California law dating back to 1872, any person who finds lost property and knows who the owner is likely to be but "appropriates such property to his own use" is guilty of theft. If the value of the property exceeds $400, more serious charges of grand theft can be filed. In addition, a second state law says that any person who knowingly receives property that has been obtained illegally can be imprisoned for up to one year."
I imagine the value of the prototype greatly exceeded $400.
It seems to me that the fellow who found the device is almost assuredly involved in a theft under this definition. If he was in California when he transferred possession, then the other party would also have broken the law. I have no idea as to how the Federal laws against transporting stolen goods across state lines work if the definition of "stolen property" differs.
It certainly was "stolen property" (by Calif law) when it approached the state line. It seems to me that the person carrying it was therefore "transporting stolen property across state lines" even if it was not considered stolen once on the other side.
They should just invite them to the next Apple event - then grab their asses when they show!! :P (joking)
I think Dr.NO was an employee of Gawker....
Dr.NO, sounded a lot like DR.Benway, who I have noticed is also banned.
I HAVE NO IDEA!
I've never seen it before, but then again the world is full of cell phones that I haven't seen before...
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.
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.
Hello Rockgod,
please read who you are replying to before multi-quoting.
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.
Gizmodo got a scoop and went for it. I can't believe I'm reading all these hateful comments here. People should be pumped they got to see the new iPhone early. I know I am. I guess if you're a stockholder that's one thing, but it's probably not going to hurt the stock price at all. Does it help the competition? Maybe, but most of them have shown they really don't get it anyway, and I don't know how knowing there's a front facing camera or new design is going to help them in the least. It's the software, and Apple already showed off OS 4 to the public.
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.
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.
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 them?a 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.
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.
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.
Best comment EVER!!!
The best thing to come out of this entire thread is Dr. No getting banned.
The mods are on top of things. Very nice to see.
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.
Don't go out of your way to stereotype an entire country or anything.
Wrong. That only works if it's illegal in both states. It's not. Represent yourself in court, it'll be hilarious.
You may want to update the Supreme court on that matter, as they seem to have it wrong. You see they supreme court thinks that "...The locus of a crime is the place where the criminal act takes effect." Well where did this crime take place? The court has an opinion on that, too. They say that "a concurrent jurisdiction exists in the place of starting the offense".
Also you should contact the harvard law review and have them update their article, because they have it wrong, too.
California has Jurisdiction over this crime, as the starting place of it was clearly California.
Next time do us a favor and just shut the hell up.
-Mayes
EDIT: Haha I posted this in from the first page. Seven pages later I find out he's already banned. Oh well, it's still adds to the discussion though I think.