Police Raid Gizmodo Editor's Home Over iPhone 4G

[Deadstick50]

They made videos laughing about Apple demanding the phone back, while they took it apart to photo it! The TV news has shown these, so keep defending a bunch of im-mature clowns if you want. Me, i think they screwed with the wrong company, as well as breaking a few laws. So why is ANYONE surprised he got raided??

 

[Guest]

admittedly according to gizmodo, the person who found the phone attempted to return it, he was slightly inebriated that night and it was late so he figure he contact Mr powell in the morning, unfortunately as morning came round apple had wiped the phone (at this point in time it was just presumed to be an old iPhone) and not being the most resourceful person he didn't know who Mr Powell might be, upon removal of the case he realized it was not a standard iPhone and pawned it off.... enter gizmodo

question is can this be classified as stolen property, given the phone was remotely wiped and could no longer function... no one goes and steals a TV that dont work....

as for IP theft, well it's like those guys who had their laptop stolen that had SSN on them, they really didn't take enough precaution to secure the sensitive data, similarly Apple did not take secure enough pre-caution to secure the IP, if this really was IP theft gizmodo could have simply given the phone to HTC and not publish a single pix...

had someone found a MS device lying on the ground, not being sure what it was posted pix of the thing online, only to find out it was a top secret MS device who asked for it back, which he happily complied, only then to find the police kicking down his door and carting away his home computer... i think everyone would agree that MS was being a jerk, especially seeing as they saw fit just to leave the damn thing lying on the ground like that

this can only get better if upon dissecting his computers they destroy personal information of sentimental value (like family pictures)

 

[cadder]

Apple claims that it was stolen. Gizmodo says it wasn'

Did they file a police report? Did the police investigate? This will define if it was considered "stolen" or "lost". Whether considered "stolen" or "lost", once the property was returned then it should be "game over", no further action to take. At most Apple could ask for compensation for any damage done to the device.

Claiming theft of intellectual property doesn't fly. Gizmodo is in the journalism business, not the business of producing software or hardware. They can't do anything with the device but photograph it.

When this story first broke I wrote that this was very good publicity for Apple, saving them lots of money, as long as Apple could prevent their egos from screwing it up. Well now we see that Apple was not able to restrain their egos enough and they have screwed it up. All that priceless publicity, now it's down the drain.

My wife lost her phone last year- same thing happened, she left it in a restaurant. It was not there when we went back. We didn't file a police report, whoever found it probably sold it. This was 1000 miles from our house, very difficult for them to hunt us down and return it.

 

[thegreathuntingdolphin]

I think this is crazy.

The phone was returned. I don't think there are any real trade secrets that Apple competitors don't know already.

I think Apple has turned this into a publicity stunt. The Droid is the "it thing" right now, and Apple wants some of that back. I believe this simply on the lack of security measures (supposedly, it didn't even have a passcode on the phone), the supposed ability of Apple to brick the phone (which I don't think they did), and I still don't understand why Apple didn't trace the phone.

Anyone here who thinks this was "all the police" has got to be kidding. Apple did not just "report the phone stolen" (especially since it was returned). The police do not move this quickly and thoroughly without someone pushing them. This had to be reported, pushed through the DAs office, and then sent to a judge for "approval" and then the raid happened.

You may say, well, it has "Trade Secrets". Again, I seriously doubt many of Apple's competitors did not generally know the specs and capabilities of the next iphone. Also, trade secrets are usually dealt with in civil court, not criminal.

 

[Guest]

I have it! And here it is: this is all a ploy to grant him his moments in fame. I have a strong feeling his website has gain lots of new viewers. It is a ploy and apple will give his stuff back and not press charges and when this happens, his website will move many notches higher on the ladder.

Apple over flexed and tore there pants on this one--embarrassing.

 

[Keiki646]

Will never buy an apple product again. This make Apple look like a bunch of Bullies and Dick heads. Why don't they fired the the person that had the phone and lost the phone. Now I am upset that apple would do something like that to Chen when he is a writer that had a plan to return the phone after reviewing the phone.

 

[tayb]

[citation][nom]filmman03[/nom]seriously? wtf? and the apple employee who left the phone behind doesn't get fired... wow. apple is seriously fucked up.[/citation]

Apple is messed up because they didn't fire an employee who accidentally left his phone at a bar the night of his birthday? You are a heartless bastard if you think the kid should be fired. Any decent human being would have contacted the owner of the phone or left it at the bar instead of taking it home, making a half hearted effort to call Apple customer support, and then sell it to the highest bidder. That is shameful. The person that found it knew the guys name and contact information from the facebook app.

In California an item that is lost is considered stolen if you don't make attempts to return the device to the rightful owner. Calling Apple support when you knew the guys name, address, and phone number doesn't constitute making an attempt to return the device. Selling stolen goods is against the law as is buying goods that you know are stolen.

The only person that didn't do anything despicable and/or heartless was the engineer. I've left my phone behind at a restaurant before. I'm sure almost every one of you idiots chastising Apple and this kid have too.

 

[danimal_the_animal]

LOLOLOLOLOLOLOLOLOLOLOLOLOL

AS if he is going to leave it at home!!!!!!!!!!

COME ON STUPID COPS!!!!!

hes got it with him!!!!! checkin out that new OS 4.0!!!!

 

[tayb]

[citation][nom]cadder[/nom]Did they file a police report? Did the police investigate? This will define if it was considered "stolen" or "lost". Whether considered "stolen" or "lost", once the property was returned then it should be "game over", no further action to take. At most Apple could ask for compensation for any damage done to the device.Claiming theft of intellectual property doesn't fly. Gizmodo is in the journalism business, not the business of producing software or hardware. They can't do anything with the device but photograph it.When this story first broke I wrote that this was very good publicity for Apple, saving them lots of money, as long as Apple could prevent their egos from screwing it up. Well now we see that Apple was not able to restrain their egos enough and they have screwed it up. All that priceless publicity, now it's down the drain.My wife lost her phone last year- same thing happened, she left it in a restaurant. It was not there when we went back. We didn't file a police report, whoever found it probably sold it. This was 1000 miles from our house, very difficult for them to hunt us down and return it.[/citation]

In California you have to make an effort to return lost items to the owner or they are considered stolen. You can't just find things on tables at restaurants and presume them to be yours because you found them. If you make reasonable attempts to return the device and you receive no replies then the device is yours until the person who owns it comes to retrieve it within 3 years. The person who found this phone did not take reasonable measures to return the device therefore it is classified as stolen. Calling 1-800-GOAPPLE doesn't qualify as a reasonable attempt to return the device when you know the person's personal information. Instead of messaging him or one of his friends he chose to circumvent this by calling Apple support and pretending that this constituted a reasonable attempt to return the device. It doesn't. It's considered stolen because he didn't try to return it and it is illegal to sell or knowingly buy stolen goods. Gizmodo knew what they were doing. It was illegal.

I can't believe you guys are actually standing up for the guy that found a phone, didn't make reasonable attempts to return it, didn't leave it with the bar owner, sold it to the highest bidder, and wreaked havoc on a poor engineer. For shame.

 

[npaladin2000]

[citation][nom]tayb[/nom]Apple is messed up because they didn't fire an employee who accidentally left his phone at a bar the night of his birthday? You are a heartless bastard if you think the kid should be fired. [/citation]

Absolutely they should have fired him. He violated what was likely an NDA contract, as well as misplaced company property and endangered intellectual property by taking a PROTOTYPE off of work premises which Apple never should have allowed in the FIRST place! This is all about Apple being really really embarrassed and having to lash out in retribution.

We're looking at two main things here. One: a possible stolen property case, for a value of $200. Barely even a felony I'd expect. Or we have an intellectual property issue, which isn't even a criminal offense. Either way, the house raid was completely uncalled for. I hope that writer has retained the services of a very good lawyer who sues both the city and Apple for harassment.

 

[danimal_the_animal]

the economy is already screwed up

whats one more employee......at least obama will get him 2 years of FREE unemployment checks!!!!

 

[npaladin2000]

[citation][nom]tayb[/nom]Calling 1-800-GOAPPLE doesn't qualify as a reasonable attempt to return the device when you know the person's personal information. [/citation]

What about when you don't? Apple remote-wiped the phone. Ostensibly to protect their intellectual property which they're now all in a flutter over, right? Like I said before, this is knee-jerk retribution, and definitely the WRONG way to be handling this situation. It should have been dealt with reasonably and quietly on both sides, likely with an NDA involved.

 

[mmt]

Great info! It really was an apple fan boy site. Really apple just costs more. Within months of every release a competing product which costs 3/4 as much with better specs comes out. Look at the emergence of the 12/13 inch i3 laptops with optimus graphics. sure the macbook pro 13 in came first but it had a core 2 duo specs with switchable graphics:
Weight: 4.5 pounds (2.04 kg) $1199

Compare to the asus U30Jc with its i3 and optimus graphics as well. also 4.4 pounds at $870

really, more money for less product... and they raid your house...

 

[littlec]

Daaaannnnng

 

[anakin550]

The thing that bothers me about this whole scenario is that they seized his phone pc's and servers. I mean Gizmodo returned the phone , if they really wanted to sell off Apple's trade secrets would u honestly believe they would give the phone back, if I was in the business of stealing and selling intellectual property no way would the review make it to the site let alone to give it back. Juss big Brother and the Government flexing their muscles, needs to come to an end sooner than later imo.

 

[Santimun]

[citation][nom]gm0n3y[/nom]I'm pretty sure this is all legal. Apple is claiming that the phone was stolen and that Gizmodo knowingly bought stolen property. Whether this is true or not will come out later, and possibly lead to charges.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]

Me thinks Apples PR department needs to start getting in touch with Apples legal department and let them know that a lot of the stuff their legal department has been doing lately is doing nothing but giving Apple bad publicity.
Does anyone else here feel that Apple and Microsoft have kinda switched personalties lately? Kinda like how the democrats and republicans had the opposite personalities now then they did back then?

 

[m-manla]

It was like c'mon. They returned the product back. Apple doesn't seem like they even pressed charges. This is wasting my taxdollars for no reason. I am very mad right now.

 

[bv90andy]

but that was not a stolen phone. So why the police? He gave it back and everything. F apple

 

[eddieroolz]

This case might hold a lot of significance in that it can set a precedence for or against future cases involving leaked products. It will be intersting to see how this turns out..

 

[vic20]

I'm kind of torn on this one. It looks really bad for both sides. Apple looks like a jerk, but maybe they are worried Giz kept some more detailed info they didn't post and planned to give or sell it to a competitor?

I also feel bad just knowing the average geek probably has enough pirated music, movies and games on their PCs to put them away for several dozen lifetimes ($250,000/movie x n movies=$$$$$$$$$$). Embarrasing Apple by stripping their upcoming phone naked online may come back to haunt on this journalist ten-fold...