Police Raid Gizmodo Editor's Home Over iPhone 4G

[gimmeausername]

Keep in mind that these guys gave the phone back to Apple, not like they refused to do that. This just shows how pathetic Apple is...

 

[dannyaa]

Wait, hold on. Let me get this straight. People are calling foul on Apple for protecting their intellectual property?

People need to realize that the matter is not about the physical phone, and the childhood laws of "finders keepers" don't get credit in the real world - especially when dealing with major trade secrets and intellectual property.

It doesn't matter if Apple got the device back as much as it matters that the device (intellectual property) was broadcast all over the net by photo, video, and dissection. These are trade secrets and intellectual property - ideas that have been stolen and that could hurt the company if they have to make changes or cuts to the prototype. That hurt the hype machine before launch. That give competitors a leg up. It could potentially cost Apple millions of dollars.

The real case and issue here will revolve around if reasonable attempts to return the device to Apple were made. And it is quite likely that it will be found that reasonable attempts were NOT made. At that point, it is stolen property... and more than just stolen physical property, stolen intellectual property - trade secrets.

This is a big deal, legally speaking. I doubt those journalistic laws will hold weight in this case, as they were not created to support illegal activity.

 

[feeddagoat]

He should of patented it. "an iphone with 2 cameras" then who would be stealing =p

 

[SevenVirtues]

First of all Apple hasn't proved the prototype is theirs they have just said it is. I can say that anything found is mine but I have to prove it.

Secondly, all Apple is doing is losing customers with how they handle things.

 

[simple_inhibition]

we have just witnessed Apples newest product, introducing the iRaid!

 

[Stryter]

Apple keeps giving me more reason to not fund them.

 

[CTT]

Woooooow! Wonder how they'll spin this?

 

[filmman03]

[citation][nom]dannyaa[/nom]Wait, hold on. Let me get this straight. People are calling foul on Apple for protecting their intellectual property?People need to realize that the matter is not about the physical phone, and the childhood laws of "finders keepers" don't get credit in the real world - especially when dealing with major trade secrets and intellectual property.It doesn't matter if Apple got the device back as much as it matters that the device (intellectual property) was broadcast all over the net by photo, video, and dissection. These are trade secrets and intellectual property - ideas that have been stolen and that could hurt the company if they have to make changes or cuts to the prototype. That hurt the hype machine before launch. That give competitors a leg up. It could potentially cost Apple millions of dollars.The real case and issue here will revolve around if reasonable attempts to return the device to Apple were made. And it is quite likely that it will be found that reasonable attempts were NOT made. At that point, it is stolen property... and more than just stolen physical property, stolen intellectual property - trade secrets.This is a big deal, legally speaking. I doubt those journalistic laws will hold weight in this case, as they were not created to support illegal activity.[/citation]
who said it was an apple product? the one who found it? gizmodo? apple? who claimed it was apples prototype?

if the dude who found it publicly announced it was an iphone prototype and then sold it, okay then yes gizmodo deserves what's coming to them.

if gizmodo found it, and dissected it and determined it was apple's iphone, and returned it to them, how and why would they be at fault? its like saying someone lost their wallet and another person opened it up to figure out who's it belongs too to return it to them.

if apple claimed it was theirs, o wait, they didn't know it was theirs until it was spread on the internet and given back to them.

 

[kslghost]

Is this protecting intellectual property? Letting employees carry prototypes to bars/restaurants/wherever is their own choice. The NDA applies to their employees/users with threat of termination, not to the general public.

Obviously, if this were maliciously stolen, that's an issue. Perhaps even if the device were dropped and sold, that might not be 100% legal either. But having police raid and pressing for a felony? That just shows disregard for common sense. This is terrible press, and hurts far more than any little leaks that could come out. It's not like Gizmodo was looking to sell the device to a rival company.

 

[adipose]

[citation][nom]gm0n3y[/nom]What surprised me here is that Apple would do this at all. There is no upside. They already got the device back, damage has been done, all this will do is piss off a lot of enthusiasts. Bad PR in effect here.[/citation]

The damage has been done this time...next time people might be a little more scared to out a new Apple product.

 

[zachary k]

that's just wrong, they have not right to do that. he gave up ownership of the phone when he left it in the bar, it was not stolen from him!

 

[Shadow703793]

I guess Apple has the gov't in it's pocket...
Esp. considering they pretty much have a MONOPOLY like practices, ie. Banning the Adobe’s Flash-to-iPhone compiler and not getting in to legal trouble....

 

[zoemayne]

WOW!

 

[dopey117]

[citation][nom]gm0n3y[/nom]To further elaborate:If I steal at TV from BestBuy and tell you that I have a stolen TV for sale, then you buy it from me, this is illegal and you could get charged for this.The questions here are 1) was this iPhone stolen or just found (and depending on California law, you may have to report a 'found' device, selling it without reporting may be illegal) and 2) did Gizmodo know that the device was stolen when they bought it.[/citation]

Except it wasnt stolen... It was left in a bar by a drunken employee

 

[HavoCnMe]

I will not and won't ever buy an Apple product unless it's a product of my local farmer's market. Eat my iShit Mr. Jobs, savoring every bite.

 

[dannyaa]

You are right - none of this has necessarily been proven yet, but that's what the court hearings are for. Let's take a supposed look at Gizmodo here for a second and see who the bad guy is, based on what is likely the case:

- Gizmodo pays for stolen intellectual property without any reasonable attempt to return it to the original owner, with full intent/hope that it is, indeed, leaked intellectual property

- Gizmodo black mails Gray Powell for $12,000 telling him that's what it will take to get the phone back, or they will publish it along with information on Powell himself. Yikes, if true, that certainly removes any doubt on the last point.

- Gizmodo slanders Gray Powell by posting pictures of him from his facebook with alcohol and writing a story with subtle yet snide remarks implying his irresponsibility with the device. Slander.

- Gizmodo blatantly publishes information on the Apple prototype device, claiming themselves that is almost certainly the next, top secret iPhone... which just so happens to be acknowledging that they are in fact broadcasting trade secrets and in illegal possession of intellectual property.

- Apple sends a letter asking for the phone back. Gizmodo proceeds to tear down the device and post more information, after Apple has confirmed that the device is in fact theirs.


The state police respond (likely on behalf of Apple's request) with well warranted legal action in response to this. And you claim that by upholding state and federal law, Apple is "losing customers with how they handle things?" In my book, Gizmodo loses readership and support for pulling something like this. It's unethical and unprofessional, whether they did it to Microsoft, Apple, or Taco Bell. Any charges or legal action Apple takes is well within their right, both by legal standards and ethical standards.

Your statement that "all Apple is doing is losing customers" is based on no fact and (in my opinion) poor reasoning, likely induced from a very small (and quite skewed) sampling of forum responses on a website full of people that predominantly already dislike anything and everything Apple.

 

[lauxenburg]

Apple has been handling things like real jerks alright lately. To get 4 computer stolen and some servers. Shit! I'd be mad as hell. And didn't he give it back? WTF is this?

 

[dannyaa]

[citation][nom]dopey117[/nom]Except it wasnt stolen... It was left in a bar by a drunken employee[/citation]

Except it wasnt stolen... It was left in a bar by a drunken employee

Finders/Keepers is a nice childhood game, but it is not the law. If you "find" a car with the keys left in it, and you drive off with it, you stole it. If you "find" a laptop left at a coffee house, and you walk off with it, you didn't "find" it, you stole it. Law states that reasonable attempts must be made to return it to the original owner.

When they find the source, he will likely be in trouble - he never called the bar it was left at, and while he claims he tried to contact Apple, logic would dictate he did not do enough. He then proceeded to sell it. For $5,000. Unless his paying customer was also drunk, he clearly knew he was in possession of something worth at least that much money: Trade secrets. Intellectual property.

Anyone who tries to cast Apple in a bad light over this either does not understand the situation and the law, or has their ethics pretty backwards.

 

[Djhg2000]

What's up with the law enforcement system being completely exploited by big companies with lots of money lately?

What right do they have to take 4 personal computers, 2 servers and a cell phone?

I could understand if they where looking for the actual iPhone in question, but 4 + 2 computers? Really?

I'd say they're just trying to mess things up for a while...

 

[brennon7]

This is why i don't own anything apple!!! Shady business! They should raid the apple because all they have done is steal others tech. Nokia...go get a warrant. They have all your patents infringed.