iPhone Prototype Seller Revealed, Has Regrets

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ern88

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Ya, "I didn't know that I shouldn't have sold a lost prototype I-phone" This is retardness at its best.
 
G

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the cash was given for access rights to the device and not for ownership of the device, smart bast***ds, with such a claim he and gizmodo could simply say there were holding onto the device until such time as the device's owner could be identified, upon such instance the device was returned.... at no time did he nor gizmodo laid claim to ownership of the device, at what point does a device become stolen if the people who are holding onto it were still trying to ascertain the correct ownership of the device (granted in a rather slow, cumbersome and inefficient manner)

although all those extra parties involved just make this even more entertaining, they should call it apple reality TV, top secret military clearance WTF lol
 

haunted one

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Despite the fact that I'm enjoying the drama, Brian should really have returned the phone to Apple right away. Considering the Apple CEO's mental instability, Brian was taking a huge risk when he did what he did.
 

Kami3k

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[citation][nom]haunted one[/nom]Despite the fact that I'm enjoying the drama, Brian should really have returned the phone to Apple right away. Considering the Apple CEO's mental instability, Brian was taking a huge risk when he did what he did.[/citation]

Didn't Apple refuse when it was attempted to be returned back to them?

Think they did, so no, he shouldn't have.
 

fjjb

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its like if you find a dollar on the floor, you wait 10 mins, if nobody claims it, its basically yours, you cant just ask people if they are from them, they obviously will say that money is mine
 

tayb

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[citation][nom]appleTV[/nom]the cash was given for access rights to the device and not for ownership of the device, smart bast***ds, with such a claim he and gizmodo could simply say there were holding onto the device until such time as the device's owner could be identified, upon such instance the device was returned.... at no time did he nor gizmodo laid claim to ownership of the device, at what point does a device become stolen if the people who are holding onto it were still trying to ascertain the correct ownership of the device (granted in a rather slow, cumbersome and inefficient manner)although all those extra parties involved just make this even more entertaining, they should call it apple reality TV, top secret military clearance WTF lol[/citation]

Unless they have that agreement in writing it isn't going to hold up in court. I doubt they do. Even if they do have that agreement in writing it better be a rock solid legal document or it won't hold up in court either. Also, they knew the owner of the device the entire time. The kid who found it (Hogan) checked out the facebook app and got his name and information.
 

HalJordan

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I'm only afraid that all the individuals under legal scrutiny will get off free and clear. The case will establish a bizarre legal precedent: Say a thief wants your phone, computer, car, etc...He first "finds" the item. Then contacts the manufacturer to find out who the owner is; only he states that the manufacturer doesn't know or care. At that time the thief can sell your property legally. I may try this out myself. /sarcasm
 

Miharu

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People turn so much crazy about Apple stuff... they just turn disrespectful to the law. Even if the item is found/stolen/whatever, people paid 5000$ for a prototype.

Apple have bad influance on people... they turn stupid.
 

pharge

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According to an article in wired.com last night, Gray powell and people from Apple did come back to the bar looking for the lost phone (that night or next day). None of the bar employees was informed that somebody has found and pick up a lost phone that night. If they are right on this... Hogan did not even bother to inform the bar employee that he had found a lost phone. He just asked few people around, took it, and bring it home.

If he was really trying to return the lost phone to its owner, isn't that better to leave it to the bar manager or lost and found or... at least call back to the bar next day? instead of bring it back home... He is already 21yr old... he should know better.
 

tayb

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[citation][nom]kami3k[/nom]Didn't Apple refuse when it was attempted to be returned back to them?Think they did, so no, he shouldn't have.[/citation]

No. The kid never called Apple at all. That whole story about how he called Apple and they didn't care was completely made up.

"A friend of Hogan’s then offered to call Apple Care on Hogan’s behalf, according to Hogan’s lawyer. That apparently was the extent of Hogan’s efforts to return the phone."

http://www.wired.com/threatlevel/2010/04/iphone-finder/

In California a device is deemed stolen if you find it and do not make a reasonable effort to return it to the owner. Cash != device. You can't return cash because you can't ascertain the owner of cash. The comparison between finding cash on the ground and finding a phone on the ground is nonsense. The kid, having made no attempt at all to return the device to the owner, has stolen the device under California law. No ifs about it. It's illegal to sell stolen items and it is illegal to purchase stolen items. The kid is in some trouble, Gizmodo is in some trouble, and they both deserve it.

I can entertain arguments that the lost/found laws in California are shady but they are still laws and this phone was stolen.
 
G

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Why did'nt they just use the MobileMe "Find my iPhone" to get it back that same night?
 
G

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"tayb
Unless they have that agreement in writing it isn't going to hold up in court. I doubt they do. Even if they do have that agreement in writing it better be a rock solid legal document or it won't hold up in court either. Also, they knew the owner of the device the entire time. The kid who found it (Hogan) checked out the facebook app and got his name and information"

why would a legal document be needed seeing as neither party laid claim to the device, i could if i wished give $5000 to any joe blog and not have to justify it, neither Mr Hogan nor Mr Chen (gizmodo) had any intention of keeping the device and using it (which would be impossible because it was bricked), they could simply say they were safe keeping the device until they can return it to the rightful owner (which Mr Chen happen to do so when apple asked for it back), yes they didn't do decent job of proactively returning the device (leave it with bar owner, contact bar to see if someone asked about it) but that does not mean they intended to keep the device for their own purposes, it only means they have very poor deductive capabilities. Mr Hogan was only briefly able to gleam that information regarding who owned the phone, the phone was bricked soon after, and yes he should of contacted the owner there and then but that does not prove malicious intent only that again he has poor deductive capabilities and unfortunately i think saying i was "too stupid to think of that" put it into the gray area of the law

question of the day is are you allowed to take pictures of a device you were safe keeping till you can ascertain and return it to it's rightful owner....
 

jecastej

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Reading most of the comments it looks like this is going to happen again under a different circumstance.

The connection is very simple:
You find something is not yours, return it to the owner or an authority, is your duty.

Most of the time a big company or any person can't touch you if you don't do anything illegal.
Still there is more than just this, so more reasons to be smart, think for yourself and don't follow others advice not knowing who are you dealing with.

Stop thinking about the logo!
 

orionantares

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I don't get where the articles that Apple was denying it was their prototype are supposed to fit into that time line then? Because I thought I remembered there being an article with Apple officially denying it being theirs before admitting to it being theirs?
 

Jinx13

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I still think this whole thing was orchestrated by Apple, the new iPhone each year is a given now, the unveiling at WWDC is a given. This is a marketing/advertising scheme from Apple(and a very good one at that) to generate as much buzz as possible about the phone.

The only question that remains in my mind is whether or not Gizmodo is in on it or are they the scapegoat here? Funny how no one else is in any possible legal trouble yet.

If it is all true, the guy that lost the phone should be fired before Apple goes after anyone else involved. Not saying I think he should be fired, quite the contrary, but if Apple wants to take action that is where they should start.

/rambling
 
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