Maybe you would personally like to lose your job (or whatever may become of Gray) because someone either stole or found (but never returned) your phone. Or maybe as a stockholder you would like to lose money because a competitor in some way used this information to further their own product over Apple's.
Speaking as a shareholder, if the allegation that Gray left this prototype at a bar is true, I think he should be fired. He didn't lose his iPhone that was worth $99; the IP attached to the prototype iPhone is worth magnitudes higher than that. If that part of the story is true, then it was a very irresponsible move. Theres a lot of nuance here that we are not enlightened to however.
Quote:
Originally Posted by solipsism
As I stated, none of this affects me so I can't get emotional and want to see Chen ass raped in prison or whatever sick perversion some people might have against Gizmodo.
Also, none of this is as serious people make it out to be so I can't get upset about one company taking advantage of another company. How many people are still living in tents in Haiti? How many people died of malaria in yesterday? I simply can't see grabbing a pitchfork and torch over alleged crimes between two companies. I read and enjoy the drama, but that is it.
Yah sure, keep things in perspective and all that but at the end of the day, you're here posting comments in a thread on a tech blog just like the rest of us. You're the only one who mentioned prison rape. If this so morally offends you, why don't you go spend your time posting (and donating) on red crosses website?
Quote:
Originally Posted by solipsism
PS: I'll ask this again. If the problem is the alleged crime and lack of ethics, then what are the same posters shunning Gizmodo also not doing the same thing to Apple, who have lost in court for stealing other's IP.
Every situation is different and should be judged on its own merits. The behavior that Gizmodo so brilliantly and publicly displayed, in my opinion, was pretty sleazy and I'm looking forward to witnessing some retribution.
If you have a concrete example of Apple doing something - anything - comparable, by all means, don't keep us in suspense. I don't see how Apples unrelated court cases involving IP and licensing have anything to do with this one - but please, enlighten us.
Obviously, there are a lot of people posting here who have no idea of what "breaking the law" means.
1. There's a law.
2. Someone breaks it.
3. The authorities investigate.
4. Charges are filed.
5. A trial is held.
6. A verdict is rendered.
7. The verdict is carried out.
And NONE of this requires the active participation of Apple or Steve Jobs!
As an Apple stockholder, I hope the law rips Gizmodo a new one.
Don't be so naive.
For example, my GF's car was broken and her purse was stolen. It happened on a parking lot and the police got video from a surveillance camera. What do you think the police did? Nothing! But if it was, for example, Paris Hilton's purse I'm sure that a lot of actions were taken
Yes but none of what you mentioned is illegal for a media outlet. They can pay for stories and they do all the time. Take a video or snapshot of something interesting you may get paid for it. Now knowingly accepting stolen merchandise is likely not covered even for media outlets as there has to be a limit to ethics.
Which might be true, but in Gizmodo's case, they actually bragged about the scoop that it appeared to everybody that there might have been some impropriety involved in regards to the prototype.
I am not an attorney, so let us stop the BS about who knows what law or fact better. Apple did not file an actual police report, that I agree. But Gizmodo did several things that can be considered idiotic and moronic such as, offering and buying the the prototype iPhone for x amount of dollars, dismantling it and posting the pictures of device all over the web and third, is stupid enough or arrogant enough to admit that the finder knew who the owner was prior to erasure of the prototype's files from his facebook account. As I said, I am not an attorney and neither am I from law enforcement, but in my opinion, Gizmodo set themselves up for this and they no one else to blame but themselves.
Unless they were authorized to do so. Something neither you or I know for sure at this time.
Apple getting to the guy who sold the prototype isn't going to happen. Apple's already lost against Jason O'Grady back in the mid 2000's (O'Grady vs Superior Court) when they tried to sue Jason and find out his source. The courts said O'Grady's Powerpage had shield protection. Game over ..done that's the precedent.
Yes that's for the guy that found and sold the prototype. You'll never know who he/she is because they're protected.
He sold stolen property. This is not Apple getting to the guy, it is the police department getting to a thief.
No, you are likely wrong. The police are going after Jason Chen. The warrant specifically states the police are looking for property that may have been used in the commission of a felony. Namely, all the stuff that was seized. Otherwise, Gawker media's COO would be correct in stating Journalists are shielded from search warrants that seek to un cover the identity of a source. See her response here.
That exception to having to comply with a search warrant doesn't protect journalists who are thought to have participated in a felony. The police know this. Make no mistake, the warrant was exercised with the intent of going after Chen and perhaps his employer Gizmondo.
Quote:
Originally Posted by ihxo
Like I said before, this is most likely not for Jason Chen.
It is for getting the guy who sold him the iPhone 4G.
Speaking as a shareholder, if the allegation that Gray left this prototype at a bar is true, I think he should be fired. He didn't lose his iPhone that was worth $99; the IP attached to the prototype iPhone is worth magnitudes higher than that. If that part of the story is true, then it was a very irresponsible move. Theres a lot of nuance here that we are not enlightened to however.
Rob
I agree with Gizmodo that outing Gray may save his job in the end because of the incredible amount of sympathy that he's received. If he was nameless/faceless it'd be easy to march him down to HR and process the exit paperwork like that engineer that allegedly showed Wozniak the iPad early; to his detriment.
Umm according to California law if a reasonable attempt was not made to return the property to the rightful owner, it constitutes theft?. Hence stolen.
One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.
If the folks who found it at the bar turned it in to the lost & found the Engineer who lost the phone would have gotten it back.
Like it or not, they didn't turn it in & sold it to Gizmodo. The phone was stolen according to California law.
Let's stop falling back on that. In a criminal case you must be able to prove beyond a reasonable doubt that a crime has been committed and if the "victim" is unwilling to state a crime has been committed against them, i.e.: a police report or ratified statement stating such, it makes this a difficult case to prosecute.
I doubt in that case the police actually knew the identity of the alleged criminal. Here the police do: namely Gizmodo.
Quote:
Originally Posted by gin_tonic
Don't be so naive.
For example, my GF's car was broken and her purse was stolen. It happened on a parking lot and the police got video from a surveillance camera. What do you think the police did? Nothing! But if it was, for example, Paris Hilton's purse I'm sure that a lot of actions were taken
No, you are likely wrong. The police are going after Jason Chen. The warrant specifically states the police are looking for property that may have been used in the commission of a felony. Namely, all the stuff that was seized. Otherwise, Gawker media's COO would be correct in stating Journalists are shielded from search warrants that seek to un cover the identity of a source. See her response here.
That exception to having to comply with a search warrant doesn't protect journalists who are thought to have participated in a felony. The police know this. Make no mistake, the warrant was exercised with the intent of going after Chen and perhaps his employer Gizmondo.
gizmodo could argue that they did not know if that's really an iPhone prototype until they actually got their hands on it. And they did return it to Apple when requested. The felony's most likely for the guy who sold it.
2-bit trash? Even Steve himself loves (loved) Gizmodo. ...
Why does everyone supporting Gizmodo make these over-the-top exaggerated statements? It doesn't make the argument any stronger, it just makes you appear biased.
Needless to say it's a gigantic stretch to say Steve Jobs "loves" Gizmodo based on one time when someone saw him surfing (in a Keynote no less), and he had Gizmodo as one of the bookmarks.
I have lots of bookmarks myself. Some for sites I hate. When I do a software demo like Jobs was doing, I sometimes have those sites on the screen even. It doesn't mean I "love" them.
Umm according to California law if a reasonable attempt was not made to return the property to the rightful owner, it constitutes theft?. Hence stolen.
One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.
If the folks who found it at the bar turned it in to the lost & found the Engineer who lost the phone would have gotten it back.
Like it or not, they didn't turn it in & sold it to Gizmodo. The phone was stolen according to California law.
One more thing:
Does anyone here in this forum have actual record beyond the owner of Gawker Media stating it, that ANY funds ACTUALLY changed hands for this item?
Yes, but according to many news outlets, Apple has talked to the police. So, Apple told the police something to cause the police to suspect a crime. Apple isn't required to give a public statement about it's thoughts on the matter, anymore then you or I would be if somebody broke into our house and took something. Apple suspects theft. It has told the police so.
Further, neither Apple nor it's engineer has publicly stated that the phone was lost. That comes solely from Gizmodo. Apple's engineer could suspect the phone was taken from him at the Bar, which would explain why the finder failed to tell the bar owner about the lost phone [as any reasonable person would do].
The story reeks set up.
Quote:
Originally Posted by Harleigh Quinn
I've already stated that, but Apple must be willing to back the probable cause, saying it was stolen, or no case.
Like trying to get a rape victim to say in court they were raped, if they are unwilling to admit to the world it happened.
I am going by the reports that had been reported. The same information you have. When the police in the area were contacted, they stated apple had not reported the phone lost or stolen.
You could easily get this information from the same sources, if you weren't more interested in attempting to call me out.
As far as I have gathered, the only one "publishing original text" was Gizmodo - that then got republished and speculated by both internet and print media.
Apple is not exactly talking -- to corroborate or deny the sequence of events, or their validity. While there were reports about the Apple employee that left the alleged iPhone in the bar, all the scenarios were from second hand sources (e.g., the Father). The bar owner indicated that the Apple employee called the bar several times; there was no report of anyone "finding" the alleged lost item.
To my knowledge (mostly from Gizmodo and secondary or umpteenth repetition from other sources):
Gizmodo has identified who was the original holder of the alleged iPhone G4.
Note: "Alleged" because there was no confirming evidence from Apple that it was indeed an iPhone G4. Gizmodo, or anyone else is not yet privy to the technical specifications of the actual iPhone G4 widely known to be released around June 2010.
Gizmodo has not identified the person who got "it" and was not very forthcoming about the sequence of events after.
Eventually the alleged iPhone "magically" reached someone associated with Gizmodo.
Gizmodo admitted to paying $5,000 for access to the alleged iPhone G4.
Gizmodo was certain the "alleged" was actually an iPhone G4 -- the basis of its scoop. For the same reason, Gizmodo must then have realized also that the existence the alleged iPhone G4 remains restricted, as it is not yet released.
As such, the alleged iPhone G4 must be treated as a propriety property under the protection of "trade secrets".
There is no indication that Gizmodo ever contacted Apple to inform the latter that they (Gizmodo) are in possession of a proprietary property that Gizmodo believed to be the iPhone G4 -- not yet released and not readily available to the public -- that belongs to Apple.
In spite of all the aforementioned, Gizmodo decided to take photos, disassemble the alleged iPhone G4 to learn more about how it worked. And published their findings.
I could go on, but we really do not know the full story. What is certain is that the California statutes have definite rulings on how to deal with "lost or stolen" properties.
Gizmodo believed it did not violate any laws. Obviously, the law enforcement offices and officers, at the very least in California, believed otherwise (assuming I summarized the alleged events as dispassionately as I can).
Yes, but according to many news outlets, Apple has talked to the police. So, Apple told the police something to cause the police to suspect a crime. Apple isn't required to give a public statement about it's thoughts on the matter, anymore then you or I would be if somebody broke into our house and took something. Apple suspects theft. It has told the police so.
Further, neither Apple nor it's engineer has publicly stated that the phone was lost. That comes solely from Gizmodo. Apple's engineer could suspect the phone was taken from him at the Bar, which would explain why the finder failed to tell the bar owner about the lost phone [as any reasonable person would do].
The story reeks set up.
Quote:
Originally Posted by Harleigh Quinn
I've already stated that, but Apple must be willing to back the probable cause, saying it was stolen, or no case.
Like trying to get a rape victim to say in court they were raped, if they are unwilling to admit to the world it happened.
Does anyone here in this forum have actual record beyond the owner of Gawker Media stating it, that ANY funds ACTUALLY changed hands for this item?
I think them saying that they paid for it is enough evidence, unless there are other motives... like they don't want to pay the guy, so they are like "did you see the post on twitter? we said we paid already"...
I am going by the reports that had been reported. The same information you have. When the police in the area were contacted, they stated apple had not reported the phone lost or stolen.
You could easily get this information from the same sources, if you weren't more interested in attempting to call me out.
As far as I have gathered, the only one "publishing original text" was Gizmodo - that then got republished and speculated by both internet and print media.
Apple is not exactly talking -- to corroborate or deny the sequence of events, or their validity. While there were reports about the Apple employee that left the alleged iPhone in the bar, all the scenarios were from second hand sources (e.g., the Father). The bar owner indicated that the Apple employee called the bar several times; there was no report of anyone "finding" the alleged lost item.
To my knowledge (mostly from Gizmodo and secondary or umpteenth repetition from other sources):
Gizmodo has identified who was the original holder of the alleged iPhone G4.
Note: "Alleged" because there was no confirming evidence from Apple that it was indeed an iPhone G4. Gizmodo, or anyone else is not yet privy to the technical specifications of the actual iPhone G4 widely known to be released around June 2010.
Gizmodo has not identified the person who got "it" and was not very forthcoming about the sequence of events after.
Eventually the alleged iPhone "magically" reached someone associated with Gizmodo.
Gizmodo admitted to paying $5,000 for access to the alleged iPhone G4.
Gizmodo was certain the "alleged" was actually an iPhone G4 -- the basis of its scoop. For the same reason, Gizmodo must then have realized also that the existence the alleged iPhone G4 remains restricted, as it is not yet released.
As such, the alleged iPhone G4 must be treated as a propriety property under the protection of "trade secrets".
There is no indication that Gizmodo ever contacted Apple to inform the latter that they (Gizmodo) are in possession of a proprietary property that Gizmodo believed to be the iPhone G4 -- not yet released and not readily available to the public -- that belongs to Apple.
In spite of all the aforementioned, Gizmodo decided to take photos, disassemble the alleged iPhone G4 to learn more about how it worked. And published their findings.
I could go on, but we really do not know the full story. What is certain is that the California statutes have definite rulings on how to deal with "lost or stolen" properties.
Gizmodo believed it did not violate any laws. Obviously, the law enforcement offices and officers, at the very least in California, believed otherwise (assuming I summarized the alleged events as dispassionately as I can).
Let's stop falling back on that. In a criminal case you must be able to prove beyond a reasonable doubt that a crime has been committed and if the "victim: is unwilling to state a crime has been committed against them, i.e.: a police report or ratified statement stating such makes this a difficult case to prosecute.
The "that" which is being fallen back to is precisely the point.
Everyone needs to realize GIZMODO REPORTED THE CRIME. They did so in excruciating detail over and over and over again like the hit whores that they are.
Was an iPhone found?
Yes, see pages and pages of Gizmodo stating this.
Was the iPhone turned into the police, the bar owner, an Apple employee, sent to Apple headquarters or store, or was the engineer contacted (the finder had his Facebook profile)?
No, again see Gizmodo's website.
Was the iPhone purchased?
Yes. And once again we see Gizmodo stating that they did (for $5,000).
Was the iPhone taken under their own usage
Yes. They disassembled it. See gizmodo.com if you're still confused on where this comes from.
So clearly, we have a felonies here under California Penal Code 485 and 496.
Apple didn't need to report the iPhone stolen. Apple didn't need to do anything for charged to be brought. One could argue that Apple needed to provide proof of ownership, but that's certainly not going to be contested, and it doesn't matter. The finder stole the phone from someone, it doesn't matter who.
If you're going to hate on Apple, hate on me as well...
A few years ago, I had a phone stolen from my car. I never reported it. Police found someone with my phone and they tracked me down through the service provider. I went in to claim the phone and fill out paperwork stating I owned the phone and how much it was worth. It was enough to charge the guy with a felony. He had claimed he had found it, and that was enough to charge him since he admitted that he hadn't tried to return it. The prosecution of the guy had nothing to do with me. And this all happened in the same county as Redwood City.
Yah sure, keep things in perspective and all that but at the end of the day, you're here posting comments in a thread on a tech blog just like the rest of us. You're the only one who mentioned prison rape. If this so morally offends you, why don't you go spend your time posting (and donating) on red crosses website?
Nice strawman. I guess because I'm this forum while engaging in other things I can't possible be concerned about other things.
Quote:
Every situation is different and should be judged on its own merits. The behavior that Gizmodo so brilliantly and publicly displayed, in my opinion, was pretty sleazy and I'm looking forward to witnessing some retribution.
If you have a concrete example of Apple doing something - anything - comparable, by all means, don't keep us in suspense. I don't see how Apples unrelated court cases involving IP and licensing have anything to do with this one - but please, enlighten us.
Rob
So your argument is now "hypocrisy brought on by ignorance"? Excellent! There are too many cases so you can just google Apple and lawsuit for plenty of examples. I really don't care if you stand on your soapbox all day spouting how awful Gizmodo is and how we should never contribute to their pagehits. I'll still read their articles if they interest me.
Comments
It is not required that Apple file charges to proceed with a criminal investigation.
I've already stated that, but Apple must be willing to back the probable cause, saying it was stolen, or no case.
Like trying to get a rape victim to say in court they were raped, if they are unwilling to admit to the world it happened.
Essentially, good luck with that one.
Maybe you would personally like to lose your job (or whatever may become of Gray) because someone either stole or found (but never returned) your phone. Or maybe as a stockholder you would like to lose money because a competitor in some way used this information to further their own product over Apple's.
Speaking as a shareholder, if the allegation that Gray left this prototype at a bar is true, I think he should be fired. He didn't lose his iPhone that was worth $99; the IP attached to the prototype iPhone is worth magnitudes higher than that. If that part of the story is true, then it was a very irresponsible move. Theres a lot of nuance here that we are not enlightened to however.
As I stated, none of this affects me so I can't get emotional and want to see Chen ass raped in prison or whatever sick perversion some people might have against Gizmodo.
Also, none of this is as serious people make it out to be so I can't get upset about one company taking advantage of another company. How many people are still living in tents in Haiti? How many people died of malaria in yesterday? I simply can't see grabbing a pitchfork and torch over alleged crimes between two companies. I read and enjoy the drama, but that is it.
Yah sure, keep things in perspective and all that but at the end of the day, you're here posting comments in a thread on a tech blog just like the rest of us. You're the only one who mentioned prison rape. If this so morally offends you, why don't you go spend your time posting (and donating) on red crosses website?
PS: I'll ask this again. If the problem is the alleged crime and lack of ethics, then what are the same posters shunning Gizmodo also not doing the same thing to Apple, who have lost in court for stealing other's IP.
Every situation is different and should be judged on its own merits. The behavior that Gizmodo so brilliantly and publicly displayed, in my opinion, was pretty sleazy and I'm looking forward to witnessing some retribution.
If you have a concrete example of Apple doing something - anything - comparable, by all means, don't keep us in suspense. I don't see how Apples unrelated court cases involving IP and licensing have anything to do with this one - but please, enlighten us.
Rob
Obviously, there are a lot of people posting here who have no idea of what "breaking the law" means.
1. There's a law.
2. Someone breaks it.
3. The authorities investigate.
4. Charges are filed.
5. A trial is held.
6. A verdict is rendered.
7. The verdict is carried out.
And NONE of this requires the active participation of Apple or Steve Jobs!
As an Apple stockholder, I hope the law rips Gizmodo a new one.
Don't be so naive.
For example, my GF's car was broken and her purse was stolen. It happened on a parking lot and the police got video from a surveillance camera. What do you think the police did? Nothing! But if it was, for example, Paris Hilton's purse I'm sure that a lot of actions were taken
Yes but none of what you mentioned is illegal for a media outlet. They can pay for stories and they do all the time. Take a video or snapshot of something interesting you may get paid for it. Now knowingly accepting stolen merchandise is likely not covered even for media outlets as there has to be a limit to ethics.
Which might be true, but in Gizmodo's case, they actually bragged about the scoop that it appeared to everybody that there might have been some impropriety involved in regards to the prototype.
I am not an attorney, so let us stop the BS about who knows what law or fact better. Apple did not file an actual police report, that I agree. But Gizmodo did several things that can be considered idiotic and moronic such as, offering and buying the the prototype iPhone for x amount of dollars, dismantling it and posting the pictures of device all over the web and third, is stupid enough or arrogant enough to admit that the finder knew who the owner was prior to erasure of the prototype's files from his facebook account. As I said, I am not an attorney and neither am I from law enforcement, but in my opinion, Gizmodo set themselves up for this and they no one else to blame but themselves.
Unless they were authorized to do so. Something neither you or I know for sure at this time.
Apple getting to the guy who sold the prototype isn't going to happen. Apple's already lost against Jason O'Grady back in the mid 2000's (O'Grady vs Superior Court) when they tried to sue Jason and find out his source. The courts said O'Grady's Powerpage had shield protection. Game over ..done that's the precedent.
Yes that's for the guy that found and sold the prototype. You'll never know who he/she is because they're protected.
He sold stolen property. This is not Apple getting to the guy, it is the police department getting to a thief.
That exception to having to comply with a search warrant doesn't protect journalists who are thought to have participated in a felony. The police know this. Make no mistake, the warrant was exercised with the intent of going after Chen and perhaps his employer Gizmondo.
Like I said before, this is most likely not for Jason Chen.
It is for getting the guy who sold him the iPhone 4G.
Speaking as a shareholder, if the allegation that Gray left this prototype at a bar is true, I think he should be fired. He didn't lose his iPhone that was worth $99; the IP attached to the prototype iPhone is worth magnitudes higher than that. If that part of the story is true, then it was a very irresponsible move. Theres a lot of nuance here that we are not enlightened to however.
Rob
I agree with Gizmodo that outing Gray may save his job in the end because of the incredible amount of sympathy that he's received. If he was nameless/faceless it'd be easy to march him down to HR and process the exit paperwork like that engineer that allegedly showed Wozniak the iPad early; to his detriment.
Umm according to California law if a reasonable attempt was not made to return the property to the rightful owner, it constitutes theft?. Hence stolen.
http://codes.lp.findlaw.com/cacode/PEN/3/1/13/5/s485
One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.
If the folks who found it at the bar turned it in to the lost & found the Engineer who lost the phone would have gotten it back.
Like it or not, they didn't turn it in & sold it to Gizmodo. The phone was stolen according to California law.
Let's stop falling back on that. In a criminal case you must be able to prove beyond a reasonable doubt that a crime has been committed and if the "victim" is unwilling to state a crime has been committed against them, i.e.: a police report or ratified statement stating such, it makes this a difficult case to prosecute.
Don't be so naive.
For example, my GF's car was broken and her purse was stolen. It happened on a parking lot and the police got video from a surveillance camera. What do you think the police did? Nothing! But if it was, for example, Paris Hilton's purse I'm sure that a lot of actions were taken
No, you are likely wrong. The police are going after Jason Chen. The warrant specifically states the police are looking for property that may have been used in the commission of a felony. Namely, all the stuff that was seized. Otherwise, Gawker media's COO would be correct in stating Journalists are shielded from search warrants that seek to un cover the identity of a source. See her response here.
That exception to having to comply with a search warrant doesn't protect journalists who are thought to have participated in a felony. The police know this. Make no mistake, the warrant was exercised with the intent of going after Chen and perhaps his employer Gizmondo.
gizmodo could argue that they did not know if that's really an iPhone prototype until they actually got their hands on it. And they did return it to Apple when requested. The felony's most likely for the guy who sold it.
2-bit trash? Even Steve himself loves (loved) Gizmodo. ...
Why does everyone supporting Gizmodo make these over-the-top exaggerated statements? It doesn't make the argument any stronger, it just makes you appear biased.
Needless to say it's a gigantic stretch to say Steve Jobs "loves" Gizmodo based on one time when someone saw him surfing (in a Keynote no less), and he had Gizmodo as one of the bookmarks.
I have lots of bookmarks myself. Some for sites I hate. When I do a software demo like Jobs was doing, I sometimes have those sites on the screen even. It doesn't mean I "love" them.
Umm according to California law if a reasonable attempt was not made to return the property to the rightful owner, it constitutes theft?. Hence stolen.
http://codes.lp.findlaw.com/cacode/PEN/3/1/13/5/s485
One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.
If the folks who found it at the bar turned it in to the lost & found the Engineer who lost the phone would have gotten it back.
Like it or not, they didn't turn it in & sold it to Gizmodo. The phone was stolen according to California law.
One more thing:
Does anyone here in this forum have actual record beyond the owner of Gawker Media stating it, that ANY funds ACTUALLY changed hands for this item?
Further, neither Apple nor it's engineer has publicly stated that the phone was lost. That comes solely from Gizmodo. Apple's engineer could suspect the phone was taken from him at the Bar, which would explain why the finder failed to tell the bar owner about the lost phone [as any reasonable person would do].
The story reeks set up.
I've already stated that, but Apple must be willing to back the probable cause, saying it was stolen, or no case.
Like trying to get a rape victim to say in court they were raped, if they are unwilling to admit to the world it happened.
Essentially, good luck with that one.
I am going by the reports that had been reported. The same information you have. When the police in the area were contacted, they stated apple had not reported the phone lost or stolen.
You could easily get this information from the same sources, if you weren't more interested in attempting to call me out.
As far as I have gathered, the only one "publishing original text" was Gizmodo - that then got republished and speculated by both internet and print media.
Apple is not exactly talking -- to corroborate or deny the sequence of events, or their validity. While there were reports about the Apple employee that left the alleged iPhone in the bar, all the scenarios were from second hand sources (e.g., the Father). The bar owner indicated that the Apple employee called the bar several times; there was no report of anyone "finding" the alleged lost item.
To my knowledge (mostly from Gizmodo and secondary or umpteenth repetition from other sources):
- Gizmodo has identified who was the original holder of the alleged iPhone G4.
- Note: "Alleged" because there was no confirming evidence from Apple that it was indeed an iPhone G4. Gizmodo, or anyone else is not yet privy to the technical specifications of the actual iPhone G4 widely known to be released around June 2010.
- Gizmodo has not identified the person who got "it" and was not very forthcoming about the sequence of events after.
- Eventually the alleged iPhone "magically" reached someone associated with Gizmodo.
- Gizmodo admitted to paying $5,000 for access to the alleged iPhone G4.
- Gizmodo was certain the "alleged" was actually an iPhone G4 -- the basis of its scoop. For the same reason, Gizmodo must then have realized also that the existence the alleged iPhone G4 remains restricted, as it is not yet released.
- As such, the alleged iPhone G4 must be treated as a propriety property under the protection of "trade secrets".
- There is no indication that Gizmodo ever contacted Apple to inform the latter that they (Gizmodo) are in possession of a proprietary property that Gizmodo believed to be the iPhone G4 -- not yet released and not readily available to the public -- that belongs to Apple.
- In spite of all the aforementioned, Gizmodo decided to take photos, disassemble the alleged iPhone G4 to learn more about how it worked. And published their findings.
I could go on, but we really do not know the full story. What is certain is that the California statutes have definite rulings on how to deal with "lost or stolen" properties.Gizmodo believed it did not violate any laws. Obviously, the law enforcement offices and officers, at the very least in California, believed otherwise (assuming I summarized the alleged events as dispassionately as I can).
CGC
Further, neither Apple nor it's engineer has publicly stated that the phone was lost. That comes solely from Gizmodo. Apple's engineer could suspect the phone was taken from him at the Bar, which would explain why the finder failed to tell the bar owner about the lost phone [as any reasonable person would do].
The story reeks set up.
I've already stated that, but Apple must be willing to back the probable cause, saying it was stolen, or no case.
Like trying to get a rape victim to say in court they were raped, if they are unwilling to admit to the world it happened.
Essentially, good luck with that one.
One more thing:
Does anyone here in this forum have actual record beyond the owner of Gawker Media stating it, that ANY funds ACTUALLY changed hands for this item?
I think them saying that they paid for it is enough evidence, unless there are other motives... like they don't want to pay the guy, so they are like "did you see the post on twitter? we said we paid already"...
I am going by the reports that had been reported. The same information you have. When the police in the area were contacted, they stated apple had not reported the phone lost or stolen.
You could easily get this information from the same sources, if you weren't more interested in attempting to call me out.
As far as I have gathered, the only one "publishing original text" was Gizmodo - that then got republished and speculated by both internet and print media.
Apple is not exactly talking -- to corroborate or deny the sequence of events, or their validity. While there were reports about the Apple employee that left the alleged iPhone in the bar, all the scenarios were from second hand sources (e.g., the Father). The bar owner indicated that the Apple employee called the bar several times; there was no report of anyone "finding" the alleged lost item.
To my knowledge (mostly from Gizmodo and secondary or umpteenth repetition from other sources):
- Gizmodo has identified who was the original holder of the alleged iPhone G4.
- Note: "Alleged" because there was no confirming evidence from Apple that it was indeed an iPhone G4. Gizmodo, or anyone else is not yet privy to the technical specifications of the actual iPhone G4 widely known to be released around June 2010.
- Gizmodo has not identified the person who got "it" and was not very forthcoming about the sequence of events after.
- Eventually the alleged iPhone "magically" reached someone associated with Gizmodo.
- Gizmodo admitted to paying $5,000 for access to the alleged iPhone G4.
- Gizmodo was certain the "alleged" was actually an iPhone G4 -- the basis of its scoop. For the same reason, Gizmodo must then have realized also that the existence the alleged iPhone G4 remains restricted, as it is not yet released.
- As such, the alleged iPhone G4 must be treated as a propriety property under the protection of "trade secrets".
- There is no indication that Gizmodo ever contacted Apple to inform the latter that they (Gizmodo) are in possession of a proprietary property that Gizmodo believed to be the iPhone G4 -- not yet released and not readily available to the public -- that belongs to Apple.
- In spite of all the aforementioned, Gizmodo decided to take photos, disassemble the alleged iPhone G4 to learn more about how it worked. And published their findings.
I could go on, but we really do not know the full story. What is certain is that the California statutes have definite rulings on how to deal with "lost or stolen" properties.Gizmodo believed it did not violate any laws. Obviously, the law enforcement offices and officers, at the very least in California, believed otherwise (assuming I summarized the alleged events as dispassionately as I can).
CGC
Let's stop falling back on that. In a criminal case you must be able to prove beyond a reasonable doubt that a crime has been committed and if the "victim: is unwilling to state a crime has been committed against them, i.e.: a police report or ratified statement stating such makes this a difficult case to prosecute.
The "that" which is being fallen back to is precisely the point.
Everyone needs to realize GIZMODO REPORTED THE CRIME. They did so in excruciating detail over and over and over again like the hit whores that they are.
Was an iPhone found?
Yes, see pages and pages of Gizmodo stating this.
Was the iPhone turned into the police, the bar owner, an Apple employee, sent to Apple headquarters or store, or was the engineer contacted (the finder had his Facebook profile)?
No, again see Gizmodo's website.
Was the iPhone purchased?
Yes. And once again we see Gizmodo stating that they did (for $5,000).
Was the iPhone taken under their own usage
Yes. They disassembled it. See gizmodo.com if you're still confused on where this comes from.
So clearly, we have a felonies here under California Penal Code 485 and 496.
Apple didn't need to report the iPhone stolen. Apple didn't need to do anything for charged to be brought. One could argue that Apple needed to provide proof of ownership, but that's certainly not going to be contested, and it doesn't matter. The finder stole the phone from someone, it doesn't matter who.
If you're going to hate on Apple, hate on me as well...
A few years ago, I had a phone stolen from my car. I never reported it. Police found someone with my phone and they tracked me down through the service provider. I went in to claim the phone and fill out paperwork stating I owned the phone and how much it was worth. It was enough to charge the guy with a felony. He had claimed he had found it, and that was enough to charge him since he admitted that he hadn't tried to return it. The prosecution of the guy had nothing to do with me. And this all happened in the same county as Redwood City.
Yah sure, keep things in perspective and all that but at the end of the day, you're here posting comments in a thread on a tech blog just like the rest of us. You're the only one who mentioned prison rape. If this so morally offends you, why don't you go spend your time posting (and donating) on red crosses website?
Nice strawman. I guess because I'm this forum while engaging in other things I can't possible be concerned about other things.
Every situation is different and should be judged on its own merits. The behavior that Gizmodo so brilliantly and publicly displayed, in my opinion, was pretty sleazy and I'm looking forward to witnessing some retribution.
If you have a concrete example of Apple doing something - anything - comparable, by all means, don't keep us in suspense. I don't see how Apples unrelated court cases involving IP and licensing have anything to do with this one - but please, enlighten us.
Rob
So your argument is now "hypocrisy brought on by ignorance"? Excellent! There are too many cases so you can just google Apple and lawsuit for plenty of examples. I really don't care if you stand on your soapbox all day spouting how awful Gizmodo is and how we should never contribute to their pagehits. I'll still read their articles if they interest me.