Gizmodo, Apple and iPhone Prototype

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    Posted: 26 April 2010 06:10 PM

    [ Edited: 26 April 2010 11:36 PM by DawnTreader ]

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    “Even in the worst of times, someone turns a profit. . ” —#162 Ferengi: Rules of Acquisition

         
  • Posted: 26 April 2010 06:29 PM #1

    They are claiming journalistic immunity apparently.

    Being a journalist lets you buy stolen goods according to their Legal Dept.

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  • Posted: 26 April 2010 11:35 PM #2

    This story has only begun. Each moment that passes more questions come up. I suggest we all watch these events without pre-drawn conclusions.

    I’ll put it another way: There’s the interests of Apple shareholders with a collective investment valued at close to one-quarter trillion dollars. Tens of thousands of Apple employees with livelihoods at stake. Hundreds of thousands (perhaps millions) of people who draw their livelihood in part from the success of Apple products.

    On the other side there’s a publication that took possession of lost property (at best), paid to take possession of the property knowing it was lost (at best) and proceeded to detail this property which may have contained trade secrets on a public Web site before advising the property owner it was in their possession and apparently desired to gain monetarily from the expose.

    Is there something I’m missing here or does this account sound reasonable and accurate so far?

         
  • Posted: 26 April 2010 11:48 PM #3

    It boils down to this for me:

    Gizmodo knowingly revealed intellectual property rights without Apple’s consent.  Gizmodo KNEW it was Apple’s property at the time it published its story.  Gizmodo also KNEW that it would have not received Apple’s permission to disclose what it learned.

    I think Apple will also be able to show that it was harmed by these unauthorized revelations.  Gizmodo is going to regret the past two weeks before it’s over.

         
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    Posted: 26 April 2010 11:56 PM #4

    I read this comment at one of the sites running with this story and thought it was interesting if true and thought I would pass it along for anyone who happens to actually find a lost iphone in the future and is nice enough to try to reunite it with its proper owner.


    “Hmmm…“finder’s” weak attempt at repatriating said iphone-prototype with its true owner stinks to high heaven. Recently I found an iphone while walking my dogs. The phone was password protected, so I couldn’t call anyone from its contact list. When I returned home, I immediately called Apple’s 800 number and explained the situation. The Apple agent told me to connect the phone to my imac and retrieve the phone’s serial number. (Said connection also gave me the iphone’s registered owner name, as well.) I then gave all this info to the Apple agent. He immediately contacted the owner., who then contacted me. I arranged to meet the iphone owner near the spot where the phone was lost. Problem solved all within 30 minutes. Needless to say, both the iphone owner and the Apple agent were incredulous that I returned the phone…***? DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU…a.k.a. KHARMA’S A BEE-OTCH “

         
  • Posted: 27 April 2010 01:04 AM #5

    I’d like to see more information before making judgements. I’d like to know who transferred possession of Apple’s property for a fee and why the pictures and article were published if the magazine knew it inappropriately took possession of Apple’s prototype.

         
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    Posted: 27 April 2010 08:48 AM #6

    $Billyall - 27 April 2010 02:56 AM

    “Hmmm…“finder’s” weak attempt at repatriating said iphone-prototype with its true owner stinks to high heaven. Recently I found an iphone while walking my dogs. The phone was password protected, so I couldn’t call anyone from its contact list. When I returned home, I immediately called Apple’s 800 number and explained the situation. The Apple agent told me to connect the phone to my imac and retrieve the phone’s serial number. (Said connection also gave me the iphone’s registered owner name, as well.) I then gave all this info to the Apple agent. He immediately contacted the owner., who then contacted me. I arranged to meet the iphone owner near the spot where the phone was lost. Problem solved all within 30 minutes. Needless to say, both the iphone owner and the Apple agent were incredulous that I returned the phone…***? DO UNTO OTHERS AS YOU WOULD HAVE THEM DO UNTO YOU…a.k.a. KHARMA’S A BEE-OTCH “

    I admire your integrity. Props to you for doing the right thing, unlike those Gizmodo fools who seem to think being a “journalist” allows them to flout the law. Let Jobsian hellfire and damnation rain on their pointy little heads.

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    Throughout all my years of investing I’ve found that the big money was never made in the buying or the selling. The big money was made in the waiting. ? Jesse Livermore

         
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    Posted: 27 April 2010 09:04 AM #7

    wheeles that wasnt me I was just quoting a comment from another person. I’d like to think that I would at least make an attempt to get the phone to its rightful owner though.

    I have already given one of my own iphones away accidentally by leaving it behind in a diner. And even after repeatedly contacting the person/s who had “found” it, and offering a cash reward (they had used my phone to call their friends) I still ended up phoneless. I had numbers and addresses of the people the person/s had called, I even filed a police report with said info, still didnt help.

         
  • Posted: 27 April 2010 09:29 AM #8

    iPhone Leak Investigation Pauses As DA Ponders Gizmodo Shield Law Defense

    California?s shield laws protect journalists from having to turn over their sources and unpublished information they?ve collected as part of their reporting. However, Gizmodo could be found to have committed a crime when they paid the phone?s finder for the device.

         
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    Posted: 27 April 2010 11:49 AM #9

    $Billyall - 27 April 2010 12:04 PM

    wheeles that wasnt me I was just quoting a comment from another person. I’d like to think that I would at least make an attempt to get the phone to its rightful owner though.

    I have already given one of my own iphones away accidentally by leaving it behind in a diner. And even after repeatedly contacting the person/s who had “found” it, and offering a cash reward (they had used my phone to call their friends) I still ended up phoneless. I had numbers and addresses of the people the person/s had called, I even filed a police report with said info, still didnt help.

    It sucks when the authorities do nothing to apprehend a criminal that you have adequate evidence against. I once had my credit card ripped off by someone who worked at Parking Express at Gatwick Airport. They ran up charges on things like online groceries, an London Underground Oystercard and London congestion charges.

    So basically they could have got the address of the person from the groceries, their car license plate from the congestion charging and their movements on London Underground from their Oystercard as well as their name. I informed my credit card company (owned by Citigroup) of this, who had to refund all the charges, yet they didn’t want to pursue it further with the police. It was obvious that it was Parking Express where it happened as I had to hand over my card as their machine was conveniently “broken”. Obviously, they were scamming loads of credit cards there, but nothing was done about it. So much for all these anti-fraud departments in these organisations when they can’t be bothered to even pursue a slam-dunk and root out a nest of thieving vermin.

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    Throughout all my years of investing I’ve found that the big money was never made in the buying or the selling. The big money was made in the waiting. ? Jesse Livermore

         
  • Posted: 27 April 2010 03:23 PM #10

    Count #1, Criminal, Conspiracy:  When you offer money for someone to commit a crime you are guilty of conspiracy to commit that crime as soon as anyone involved takes a material step toward completion of the crime.

    Count #2, Criminal, Receiving stolen property:  The purchase for $5K, not $100 or $500 proves that Gizmodo knew it was an Apple prototype and stolen.

    Count #3, Civil, Theft of IP:  Apple can sue to recover not only actual damages, but punitive damages, since a crime was committed in the course of the disclosure.

    Outcome:  Gizmodo/Gawker is bankrupted and somebody goes to jail.

    Couldn’t happen to a nicer bunch.

         
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    Posted: 28 April 2010 12:38 PM #11

    Les Posen from Presentation Magic has his take on Gizmodo

    For those who don?t get why Gizmodo is in deep trouble, imagine if the iPhone prototype was a new model Honda about to be released. For the truly challenged, eat some breakfast first ? it improves learning, at least in schoolchildren.

         
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    Posted: 28 April 2010 01:41 PM #12

    If the lost property is not claimed in a timely manner, then is it stolen ?

    The question to me:  What is the real timeline. 

    The physical value of the phone:  about $ 600.  The intangible value ?  That’s intangible probably.

         
  • Posted: 29 April 2010 09:34 AM #13

    Jon Stewart to Steve Jobs: ‘Chill, baby’

    The Daily Show host blasts Apple for Big Brother tactics in the lost iPhone case

    You know a story has turned a corner when Jon Stewart takes it on, as he did Wednesday night with the case of the lost iPhone prototype.

    The satirical host of Comedy Central’s The Daily Show devotes nearly nine minutes to the saga. He gets a few facts wrong and glosses over the possibility that crimes were committed, but by the end it’s abundantly clear that he ? and his audience ? think Apple (AAPL) has gone too far.

         
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    Posted: 29 April 2010 09:53 AM #14

    Jon Stewart exploits stories for humor and ‘attitude’.  His act may not reveal his true stance.  I can find many things entertaining that are totally untrue and irrational.  Also, why place this drama on Steve Jobs?
    Try going to the police to stop the investigation of a felony.  The engine of law enforcement and justice dept. are harder to stop than a Toyota.

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    Posted: 29 April 2010 01:10 PM #15

    Dear Jon Stewart,

    You might get ratings (for a little while), but one of these days, you will fade into irrelevance.  If nothing else, Colbert is more “real” than you for being intentionally fake the entire program.  He has an active persona which explains some of his behavior away, you’re just in the exploitation business.

    Apple’s continual “revenge” is its prospering and growing the business.  Absolutely nothing to see here.  PED overestimates the power of Jon Stewart’s withering stare and I-get-all-my-news-and-opinions-from-him (I sure hope that’s not true) demographic.  Last I checked, at least two of his PED’s TV examples seemed to be doing just fine.

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