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Apple instigates Police Raid over lost/stolen iPhone 4G
Dormouse:
The legal definition of theft in this case is defined by California code- and it is a bit wider than your comment takes into account. There is a legal responsibility in California to return found material. -wraith808 (April 29, 2010, 04:40 PM)
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Actually, there are variations between the criminal and civil codes and the effort required to return an article is arguable (and certainly will be argued if it ever ends up in Court). If Gizmodo had bought and then kept the phone, there's no question it would have been theft. But they publicised it in a way that Apple had to notice; that can be construed as an attempt to draw the attention of the owner to the presence of the item. I can't remember what the original article said - but iirc then it was unwise of them to say they bought the phone. Paying money as a reward for possible Apple related info is possibly more defensible as well as being closer to the truth. It is hard to see very much positive about the original finder's behaviour - accepting $5000, in whatever guise, for handing over an object to someone you know is not the owner can't be justified, though it doesn't necessarily mean that the phone was stolen. From the Gizmodo side, most journalists would be happy to pay large sums for a good scoop which is what they actually paid for (though I had never really twigged exactly how much money some of these sites can play around with). I'm not sure that all the things they have said would have got through a publishers' legal team in the form they said them in though (not that I've read much of what they have said/written directly), and that opens up the possibility of some trouble for them.
I don't think the IP thing is a major issue. At best, what can be seen by opening the phone is a minor secret - it will soon be public anyway - so its value is fairly limited. But Apple will have a right to get any info taken from Gizmodo that they took from the phone and still have - should be a civil matter though.
It's interesting that the police seem to be going after Gizmodo rather than the original finder.
wraith808:
It's interesting that the police seem to be going after Gizmodo rather than the original finder.
-Dormouse (April 29, 2010, 06:00 PM)
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Just because the focus has only so far been on Chen doesn't mean they aren't looking at the original finder- indeed, that could be one of the reasons behind the seizure.
Renegade:
For a prototype iPhone that's fully workable and not akin to the used market at all? And has extra features that you won't find in any iPhone? I defy you to find any judge that would value that at less than $100.
-wraith808 (April 29, 2010, 09:43 AM)
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Take any computer, write a bit of buggy software and put it on it. All of a sudden, it has features that no other computer has. I don't think that really makes it worth much more.
The phone was unfinished, and broken. Would you pay for a product that was unfinished and broken? I really doubt most people would.
This entire thing is only because it's from Apple. Step back, sub in some arbitrary <company name> and <product name>. What happens? Rule of law? Do different people get treated differently? It certainly sounds like it. Some unfinished and broken prototype? It's worthless. That is, if we don't put Apple on a pedestal.
But you're probably right about judges.
40hz:
It's interesting that the police seem to be going after Gizmodo rather than the original finder.
-Dormouse (April 29, 2010, 06:00 PM)
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Just because the focus has only so far been on Chen doesn't mean they aren't looking at the original finder- indeed, that could be one of the reasons behind the seizure.
-wraith808 (April 29, 2010, 08:57 PM)
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Spot on!
I'm sure Apple is frantically trying to determine if this was just a chance screw-up - or part of some huge well-financed and organized conspiracy to steal their secrets.
I shudder to think what sort of witch-hunt is likely being conducted behind closed doors on the Apple campus right now.
Paranoia - the gift that just keeps on giving and giving!
Sure glad I don't work there! 8)
Eóin:
Take any computer, write a bit of buggy software and put it on it. All of a sudden, it has features that no other computer has. I don't think that really makes it worth much more. -Renegade (April 29, 2010, 10:36 PM)
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Please, that's a nonsense a comparison. Maybe if said buggy software was an in development application full of trade secrets then we'd start to be in a similar situation to the current one. Of course then the laptop would become a very valuable commodity and completely disprove your point.
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