Sorry, I choose to associate with honest people. I'm sorry you're more comfortable living with criminals.
All the facts available indicate that Chen knowingly purchased stolen property. In what state would that NOT be a crime?
Granted, it needs to be proven in a court of law that he actually did what everyone claimed, but all the facts available point in that direction.
So how much is Gizmodo paying you?
Once again you elect to edit to your choosing (I am actually too tired from having been up multiple nights working on month end closing and preparing for an audit to even play with you tonight, much less think of the correct vocabulary.). WHERE does it state CHEN made the purchase?
Not in the affidavit. It blatantly states CHEN'S BOSS was the one contacted in all cases.
Once he realized exactly who the phone belonged to and refused to return it and only was concerned with cashing in... it went from officially lost to officially stolen and trying to profit from stolen items. Simple as that.
He deserves any penalties that follow. What an idiot.
His female roommate was smart to call in and let them know she had nothing to do with it, smart enough to know this could turn into a big issue and didn't want to risk any arrest, major fine, or possible jail time. Very smart of her.
cool! Indeed IANAL, but I gather that Hogan can deny under oath having made the statements, but his actions are consistent with having made them.
If you're a lawyer, stormj, these forums need more of your input--especially if you know IP law!
If you're not a lawyer, then you need to disqualify yourself or not make forthright assertions about the law.
It's not really IP law you are arguing there, but rules of evidence. You can look up these rules. The rule regarding hearsay is rule 801 under the Federal Rules of Evidence - but just reading them cold might not give you much insight in how the rules are applied. California has its own set of rules. See here: http://www.leginfo.ca.gov/calaw.html - Evidence.
Edit to add: search warrants can be obtained based on other people's statements, just need probable cause. Generally speaking, hearsay is an issue that is most relevant in the context of a trial or hearing. So it depends on what the context is.
Once again you elect to edit to your choosing (I am actually too tired from having been up multiple nights working on month end closing and preparing for an audit to even play with you tonight, much less think of the correct vocabulary.). WHERE does it state CHEN made the purchase?
Not in the affidavit. It blatantly states CHEN'S BOSS was the one contacted in all cases.
Where are YOU getting YOUR facts?
Let's see:
Whose home was the search warrant for? Chen's
Who published the story and admitted to taking the phone apart? Chen
Who asked Apple for a letter from legal before returning the phone? Chen
Who eventually returned the phone to Apple? Chen
Now, explain to me how Chen did not take possession of stolen property.
Admittedly, his boss may also be in trouble, but that doesn't absolve Chen.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
Personally, I would choose to have a better class of friends. My friends would never, ever do something that stupid and would not put me in a position where I feared I was committing a crime because of their stupidity and greed. If they did, they would no longer be my friend.
And here I thought Gizmodo LOVED iPhone stories. I searched their page and didn't see any mention of this story today. I thought they would be all over anything iPhone 4g. What a bunch of D-Bags. So much for journalistic integrity.
I feel sorry for Chen. He was hung out to dry by Gizmodo. They gave him bad advice.
Chen is (eventually) going to get exactly what he deserves. That's the thing about character and integrity; if you have it, it'll show up at times like this when you really need it.
First, you don't get to make public attacks on people like that. Second, you don't get to publicly call out who you are putting on your ignore list. You agreed to those terms when you signed up for AI forums, and I -- for one -- would appreciate the added civility that abiding by the ToS would bring to this discussion.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
She supposedly called as the phone was connected to her computer in an attempt to snyc it with itunes, and she feared she would be involved in the situation when she had nothing to do with it.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
Are these same gullible people still giving Chen the benefit of the doubt? I wonder what will come of police reading the emails on his computer they confiscated?
Chen is a journalist = untouchable. Al Capone never had nothing on Chen, baby!
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
Considering that by using the roommates computer he was potentially making her an accomplice after the fact, she did the smart thing by calling. I am pretty sure most people would not consider you to be honest or smart.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
You do not understand the severity of a felony conviction. If you were in the same position, you might reconsider your position of remaining an accessory to a serious crime.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
Let me tell you something. If I am the room mate, why would I sacrifice my freedom for an idiot like Hogan . Are you willing to pay for her lawyers. Will you be the first one offering to take her place in a jail cell for x amount of years as well as, be the first one to help pay the massive fines the court will award Apple for her complicity and oh yeah, will you be the first one to offer her a respectable job when she gets out of prison??
Hogan had put her in that position unwillingly, he endangered her future knowing that if something goes wrong, she will unwittingly go down with him. So tell me, dan2236, why would the room mate protect Hogan ??
Brian Lam wrote an email to Jobs stating that he knew it would cause lost sales. Not only that but, in the email, he was seemingly trying to blackmail Jobs into giving Gizmodo better access (in exchange for getting the phone back sooner) while trying to get confirmation that this was the next iPhone so they could go ahead with the story.
Yes, Gizmodo is in trouble and did all kinds of things wrong, but: why would Gizmodo "return" a phone to Apple if it was not Apple's in the first place?! Of course Lam needed to have it confirmed that it was Apple's property.
For all they knew, it was an elaborate hoax; the only indication they had that it was actually Apple's and not, say, a knock-off with some clever screen printing on the back, was Gray Powell's Facebook page — which in and of itself could have been a hoax, because no one at Gizmodo ever saw the device while it was still functioning, and they did not dismantle it until AFTER Apple confirmed it. Which was fucking stupid, frankly.
Comments
Sorry, I choose to associate with honest people. I'm sorry you're more comfortable living with criminals.
All the facts available indicate that Chen knowingly purchased stolen property. In what state would that NOT be a crime?
Granted, it needs to be proven in a court of law that he actually did what everyone claimed, but all the facts available point in that direction.
So how much is Gizmodo paying you?
Once again you elect to edit to your choosing (I am actually too tired from having been up multiple nights working on month end closing and preparing for an audit to even play with you tonight, much less think of the correct vocabulary.). WHERE does it state CHEN made the purchase?
Not in the affidavit. It blatantly states CHEN'S BOSS was the one contacted in all cases.
Where are YOU getting YOUR facts?
You're not a lawyer. The quotes would be admissible because they are statements by a party opponent.
I doubt it is an admission by a party opponent - It doesn't appear that she is a co-conspirator, but maybe it can be argued that she is.
He deserves any penalties that follow. What an idiot.
His female roommate was smart to call in and let them know she had nothing to do with it, smart enough to know this could turn into a big issue and didn't want to risk any arrest, major fine, or possible jail time. Very smart of her.
cool! Indeed IANAL, but I gather that Hogan can deny under oath having made the statements, but his actions are consistent with having made them.
If you're a lawyer, stormj, these forums need more of your input--especially if you know IP law!
If you're not a lawyer, then you need to disqualify yourself or not make forthright assertions about the law.
It's not really IP law you are arguing there, but rules of evidence. You can look up these rules. The rule regarding hearsay is rule 801 under the Federal Rules of Evidence - but just reading them cold might not give you much insight in how the rules are applied. California has its own set of rules. See here: http://www.leginfo.ca.gov/calaw.html - Evidence.
Edit to add: search warrants can be obtained based on other people's statements, just need probable cause. Generally speaking, hearsay is an issue that is most relevant in the context of a trial or hearing. So it depends on what the context is.
Once again you elect to edit to your choosing (I am actually too tired from having been up multiple nights working on month end closing and preparing for an audit to even play with you tonight, much less think of the correct vocabulary.). WHERE does it state CHEN made the purchase?
Not in the affidavit. It blatantly states CHEN'S BOSS was the one contacted in all cases.
Where are YOU getting YOUR facts?
Let's see:
Whose home was the search warrant for? Chen's
Who published the story and admitted to taking the phone apart? Chen
Who asked Apple for a letter from legal before returning the phone? Chen
Who eventually returned the phone to Apple? Chen
Now, explain to me how Chen did not take possession of stolen property.
Admittedly, his boss may also be in trouble, but that doesn't absolve Chen.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
Personally, I would choose to have a better class of friends. My friends would never, ever do something that stupid and would not put me in a position where I feared I was committing a crime because of their stupidity and greed. If they did, they would no longer be my friend.
I feel sorry for Chen. He was hung out to dry by Gizmodo. They gave him bad advice.
Chen is (eventually) going to get exactly what he deserves. That's the thing about character and integrity; if you have it, it'll show up at times like this when you really need it.
^^^^^Zealot.
Ignore.....ON!!!
Reread the AI ToS.
First, you don't get to make public attacks on people like that. Second, you don't get to publicly call out who you are putting on your ignore list. You agreed to those terms when you signed up for AI forums, and I -- for one -- would appreciate the added civility that abiding by the ToS would bring to this discussion.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
She supposedly called as the phone was connected to her computer in an attempt to snyc it with itunes, and she feared she would be involved in the situation when she had nothing to do with it.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
"Snitch".
As if thieves have honor...
Are these same gullible people still giving Chen the benefit of the doubt? I wonder what will come of police reading the emails on his computer they confiscated?
Chen is a journalist = untouchable. Al Capone never had nothing on Chen, baby!
"Snitch".
As if thieves have honor...
Didn't Giz also "snitch" on Apple's top secret prototype?
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
Considering that by using the roommates computer he was potentially making her an accomplice after the fact, she did the smart thing by calling. I am pretty sure most people would not consider you to be honest or smart.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
You do not understand the severity of a felony conviction. If you were in the same position, you might reconsider your position of remaining an accessory to a serious crime.
Are you all too much of Apple fanboys to realize what a damn snitch that roommate is? Seriously, I would NEVER call the cops on my roommate unless he killed someone. Capital crimes are NO crimes to betray your friends for.
Let me tell you something. If I am the room mate, why would I sacrifice my freedom for an idiot like Hogan . Are you willing to pay for her lawyers. Will you be the first one offering to take her place in a jail cell for x amount of years as well as, be the first one to help pay the massive fines the court will award Apple for her complicity and oh yeah, will you be the first one to offer her a respectable job when she gets out of prison??
Hogan had put her in that position unwillingly, he endangered her future knowing that if something goes wrong, she will unwittingly go down with him. So tell me, dan2236, why would the room mate protect Hogan ??
Brian Lam wrote an email to Jobs stating that he knew it would cause lost sales. Not only that but, in the email, he was seemingly trying to blackmail Jobs into giving Gizmodo better access (in exchange for getting the phone back sooner) while trying to get confirmation that this was the next iPhone so they could go ahead with the story.
Yes, Gizmodo is in trouble and did all kinds of things wrong, but: why would Gizmodo "return" a phone to Apple if it was not Apple's in the first place?! Of course Lam needed to have it confirmed that it was Apple's property.
For all they knew, it was an elaborate hoax; the only indication they had that it was actually Apple's and not, say, a knock-off with some clever screen printing on the back, was Gray Powell's Facebook page — which in and of itself could have been a hoax, because no one at Gizmodo ever saw the device while it was still functioning, and they did not dismantle it until AFTER Apple confirmed it. Which was fucking stupid, frankly.
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