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.
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
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.
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!
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.
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
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
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
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
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.
Comments
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...
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.
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
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
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.
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.
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..
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?
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..
@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.
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!
and am projecting random names at me?
I just loved your Freudian lapsus. Who is choosing random names and assigning them to whom?
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!
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.
(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!
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!
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?
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
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.
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.
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
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
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
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.