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Re: Apple wants to send the Gizmodo guys to jail

Quote:

Originally Posted by Texrat (Post 630943)

Please explain further. Have you seen the warrant? I'm betting it was worded to support current police action

All the gizmodo protectors, liberals and apple haters are currently hoping that police overstept its bounds by invading Chen's house which is allegedly an extension of Gizmodo's press office. My understanding is that California law protects journalists from having to hand over their sources by having their property seized, however in this case the issue is not revealing sources, but acquisition of stolen goods, in which case the California law protects didly squat.

Re: Gizmodo facing legal action due to iPhone fiasco

This might also very well turn into a case about theft or misappropriation of a trade secret.
Glad someone stops the irreponsible, no-respect, news-at-any-price-faction.

Re: Apple wants to send the Gizmodo guys to jail

Quote:

Originally Posted by leetut (Post 630676)

that new iphone does look very nice

Totally, really didn't like the original look but this one looks like my old Sony Ericsson W880i which is a sexy sexy phone.

As you said, shame it'll be running iPhoneOS

Re: Gizmodo facing legal action due to iPhone fiasco

Seeing as servers were siezed without him present, what would be the procedure for police removing these? My server is running 24-7, locked, and has no screen attached. Therefore, would the police just pull the power cable out? Does that not constitute damage?

Just wondering!

Re: Gizmodo facing legal action due to iPhone fiasco

Quote:

Originally Posted by truslack (Post 632793)

Technically speaking, they are interested in the data, not your hardware (unless there is an injunction to stop you from doing whatever you're doing, in which case seizing your hardware may be a way to prevent that). Just like any electrical goods, physical access trumps logical access. The power switch, on most computers, will initiate the shutdown sequence -- I expect they use it, and after an indefinite period of time, they'll pull the plug.

Quote:

Originally Posted by truslack (Post 632793)

Does that not constitute damage?

The reasoning is probably that the likeliness that damage will occur, combined with the factor that the damage that might occur won't be too disruptive is less important than leaving the item under control by the owner. In one word: no.

Re: Gizmodo facing legal action due to iPhone fiasco

http://www.macrumors.com/2010/05/14/...ant-affidavit/

Quote:

Following on earlier news that a California court would be releasing documents related to a search warrant for the lost next-generation iPhone that ended up in the hands of Gizmodo, CNET has now posted the full documents released by the court. The documents indicate that Gizmodo's Jason Chen was considered in the requests to be a suspect in three felonies, including purchase or receipt of stolen property, theft of trade secrets, and malicious damage to another person's property (the prototype iPhone) valued at over $400.

The documents also include testimony that Brian Hogan, the finder of the iPhone, had received $8,500 from Gizmodo for the device, with an additional bonus payment to be made if Apple releases the expected device this summer.

The affidavit from Detective Matthew Broad outlines a series of events, including a discussion with Apple executives which revealed that Hogan's roommate had contacted Apple after Hogan connected the iPhone to her computer, fearing that the lost or stolen device would be traced back to her. Hogan's roommate cooperated fully with authorities and assisted them when Hogan and an acquaintance removed several pieces of evidence from his apartment. The evidence, which included a desktop computer, USB flash drive and memory card, and stickers from the iPhone prototype, were found in a church, under a bush, and in a gas station parking lot.

Hogan's roommate relates a story very similar to that previously related by Hogan to Gizmodo, suggesting that another bar patron had picked up the iPhone and given it to him thinking it was his. It is unclear exactly how Apple engineer Gray Powell lost the iPhone, although he noted that the last thing he remembered was placing it in a bag he had brought with him to the bar. The bag was later knocked over, and it is possible that the phone fell out at that time.

Hogan's roommate also noted that she and other attempted to talk him out of selling the prototype iPhone by pointing to the effect it could have on Powell's career, but he was unswayed. Hogan reportedly said, "Sucks for him. He lost his phone. Shouldn't have lost his phone."

The documents also include an email from Gizmodo editor Brian Lam to Apple CEO Steve Jobs in which he offered an explanation for his publication's actions and expressed disappointment that Gizmodo had been receiving less attention from Apple than other media outlets recently.

The thing is, Apple PR has been cold to us lately. It affected my ability to do my job right at iPad launch. So we had to go outside and find our stories like this one, very aggressively.

Apple also documented damage to the prototype iPhone upon its return, noting that a ribbon cable had been broken, a screw had been inserted incorrectly causing an electrical short, snaps for the back plate had been broken, and several screws had been stripped.

Overall, the investigation remains ongoing and neither Chen nor Hogan has been charged in relation to the case. The entire affidavit is fascinating to read and is available in its entirety (PDF), via Wired.