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-   -   Gizmodo facing legal action due to iPhone fiasco (https://talk.maemo.org/showthread.php?t=51130)

Techark 2010-04-27 03:21
Gizmodo facing legal action due to iPhone fiasco
 
Seems they don't like leaks very much.
http://www.cnet.com.au/apple-iphone-...7.htm?feed=rss

Quote:
Police have seized computers and servers belonging to an editor of Gizmodo in an investigation that appears to stem from the gadget blog's purchase of a lost Apple iPhone prototype.

gerbick 2010-04-27 03:28
Re: Apple wants to send the Gizmodo guys to jail
 
Apple or the police? I think the paperwork starts/stops with the attorney general.

t3h 2010-04-27 03:31
Re: Apple wants to send the Gizmodo guys to jail
 
Contrary to popular belief, Apple does not control the police force. They reported what happened, and the police take it from there...

jakiman 2010-04-27 03:31
Re: Apple wants to send the Gizmodo guys to jail
 
Well. At least that 100% confirms that it probably was the final version of iPhone4. =P

Techark 2010-04-27 03:35
Re: Apple wants to send the Gizmodo guys to jail
 
I doubt Police would not have gotten involved if Apple hadn't gone to them and filed a complaint.

mrojas 2010-04-27 03:36
Re: Apple wants to send the Gizmodo guys to jail
 
Ah, the 1984 commercial...

cyeung 2010-04-27 03:39
Re: Apple wants to send the Gizmodo guys to jail
 
I followed Gizmodo until they started bragging about how they got the 4th-generation iPhone. It was unethical at best, especially after they threw some guy under the bus. And that was enough to make me stop reading their stuff.

ysss 2010-04-27 03:58
Re: Apple wants to send the Gizmodo guys to jail
 
That's the logical thing to do.

If Apple doesn't pursue gizmodo to the best of their ability then they are setting precedence of letting go/being weak toward future leaks.

They will use the law & legal system first, but who knows what strings they'll pull if this police action fails.

But reading the gizmodo response letters, I have a feeling that the guy was ready for something like this...

Moderator edit: oops, sorry ysss-- clicked the wrong button! :o

Texrat 2010-04-27 04:05
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by ysss (Post 629259)
But reading the gizmodo response letters, I have a feeling that the guy was ready for something like this...
heh... they've probably already approached their ad clients about upping fees. :D

ysss 2010-04-27 04:09
Re: Apple wants to send the Gizmodo guys to jail
 
lol yeah that... and disinfected his machines from all the torrent downloads... infringing mails, IMs, browser history/cache, etc...

nermaljcat 2010-04-27 04:19
Re: Apple wants to send the Gizmodo guys to jail
 
Not as into Apple as I used to be...

bandora 2010-04-27 04:38
Re: Apple wants to send the Gizmodo guys to jail
 
IRONY!! Apply fanboy site's editor goes to jail because of Apple! :D

ysss 2010-04-27 05:22
Re: Apple wants to send the Gizmodo guys to jail
 
@bandora: can you recommend me a good gadget site that's not a 'apple fanboy site'?

silvermountain 2010-04-27 05:25
Re: Apple wants to send the Gizmodo guys to jail
 
http://www.pcmag.com/

HangLoose 2010-04-27 05:33
Re: Apple wants to send the Gizmodo guys to jail
 
slashgear.com

Texrat 2010-04-27 05:49
Re: Apple wants to send the Gizmodo guys to jail
 
http://frys.com/

maluka 2010-04-27 06:07
Re: Apple wants to send the Gizmodo guys to jail
 
I think going after a journalist in this manner is plain wrong. Journalists shouldn't be bullied into revealing their sources in this way.

ysss 2010-04-27 06:08
Re: Apple wants to send the Gizmodo guys to jail
 
@silvermountain: thanks. they have a couple of ipad editorial pieces which talk favorably of the gadget too, albeit without the juvenille attitude associated with gizmodo/engadget.

@hangloose: thanks. i think they carry just about the same # of apple related news, albeit with less annoying (attitude) than engadget/gizmodo.

@texrat: lol a shop?

Getting back on topic...

I've found the following comments to hit the core of the matter:

Quote:
Originally Posted by agraham999
The victim of the crime (Apple) doesn't have any say over whether charges are pressed in the matter...that's entirely up to the DA. I can say that I'm pretty sure that in that tech community it isn't just Apple that would be concerned about issues like this...if the DA did nothing, then it likely would send the message that it is okay to take something...including a prototype...and expose it to the world. I don't think other tech companies want that precedent set.

It is pretty clear that laws were broken in this case...especially with the fact that Gawker and Giz gloated over this situation...publishing their accounts...and if those stories don't line up with what they find on those computers...well...hope they get some better lawyers.

Let's be honest...they knew it was a real Apple prototype...because they paid $5k for it...and they should have known (as Engadget's legal team told them) that by purchasing said phone...they were breaking the law. By paying $5k for it...it made it a felony...and by doing it over State lines...it may even become a federal issue.
Quote:
Originally Posted by ckpenguin

I would tend to agree that the actions by Mr. Chen suggest a crime took place. Why would he pay $5000 for a phone if he did not feel there was a chance to scoop a prototype product? Mr. Chen is trying to skirt his due diligence and state that he tried to contact Apple Support while brandishing an SR # as proof. I personally feel there will be a legal decision in the future that Mr. Chen did know this was a legal grey area and that Mr. Chen made insufficient effort to make it appear as if he tried to return the phone to its respectful owner. However, the act of purchasing a phone which was not his, knowing who the owner is, and exposing company prototype's secret workings to the world has got to lead to a conviction once the Apple's legal team sends the nuke.
from: http://thenextweb.com/us/2010/04/26/...legal-trouble/

Similar position as a fence or a chopshop?

Joorin 2010-04-27 06:16
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by maluka (Post 629336)
I think going after a journalist in this manner is plain wrong. Journalists shouldn't be bullied into revealing their sources in this way.
Journalists? Bullied? When did the Gizmodo people turn into journalists? Having an (albeit popular) blog doesn't turn you into a journalist.

And didn't they, themselves, out the person that most likely lost the device?

geneven 2010-04-27 06:27
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by Joorin (Post 629342)
Journalists? Bullied? When did the Gizmodo people turn into journalists? Having an (albeit popular) blog doesn't turn you into a journalist.

And didn't they, themselves, out the person that most likely lost the device?
You mean "journalist" is a term you have to qualify for? Who do we apply to? You? The governor?

mthmob 2010-04-27 06:34
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by Joorin (Post 629342)
Journalists? Bullied? When did the Gizmodo people turn into journalists? Having an (albeit popular) blog doesn't turn you into a journalist.

And didn't they, themselves, out the person that most likely lost the device?
But thats the thing... a public blog can be considered a news source (according to some), and they are protected by laws dealing with such.

ysss 2010-04-27 06:37
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
In response to the California police raid on Gizmodo editor Jason Chen’s home, Gawker Media is arguing that the search and seizure was illegal because California law precludes a warrant being used to ascertain the name of a journalistic source.

Gizmodo’s interpretation of the law, however, entirely misses the point. The impetus for the warrant appears to be rooted in Gizmodo’s commission of a felony, namely the purchase of an iPhone they had reason to believe was stolen property.
Shield laws in the US were designed to protect sources, but by entering into a contract with said source (5 grand in exchange for the iPhone), Gizmodo was no longer just the recipient of information, but an active participant in the commission of a felony - hence the warrant.

Despite Giz’s arguments to the contrary, the warrant is 100% kosher.
source: http://www.edibleapple.com/police-wa...is-100-kosher/

I think he's screwed.

mece 2010-04-27 06:39
Re: Apple wants to send the Gizmodo guys to jail
 
In theory I'm against "leaks" of this kind, but I have to say it is still interesting, and great publicity for apple. Almost feel as if apple is suing to confirm that the phone is real. And the phone looks absolutely gorgeous btw!

RevdKathy 2010-04-27 06:42
Re: Apple wants to send the Gizmodo guys to jail
 
What did they do to the poor bloke who lost the phone? Decapitation?

Joorin 2010-04-27 06:44
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by geneven (Post 629346)
You mean "journalist" is a term you have to qualify for? Who do we apply to? You? The governor?
Apply to? No need to apply. Get educated, as in, learn to be a bit objective when relating events, learn how news is reported. Learn that "journalism" isn't editorializing about your pet peeve or favourite product/company.

If you're running a blog, you're not a journalist by that alone. It's not enough to describe your day, what you wore, what you ate and what you happened to read in the newspaper and reacted to to be a journalist. Getting paid to write your pieces is, for example, one way of separating yourself from the rest and actually be able to call yourself a journalist.

Unless you're going for the "a person who keeps a journal" meaning, which in this context would just be odd.

slender 2010-04-27 06:44
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by RevdKathy (Post 629358)
What did they do to the poor bloke who lost the phone? Decapitation?
Dont know about that but this is nice:
http://twitter.com/Lufthansa_USA/status/12647904521

attila77 2010-04-27 06:45
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by RevdKathy (Post 629358)
What did they do to the poor bloke who lost the phone? Decapitation?

Those who lose Apple prototypes are known for jumping off buildings. I'm not kidding, though this is not the same incident..

http://news.cnet.com/8301-13579_3-10291701-37.html

netAdept 2010-04-27 06:45
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by RevdKathy (Post 629358)
What did they do to the poor bloke who lost the phone? Decapitation?
Room 101 :eek:

Joorin 2010-04-27 06:51
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by mthmob (Post 629352)
But thats the thing... a public blog can be considered a news source (according to some), and they are protected by laws dealing with such.
"can be considered"... "(according to some)"...

If there are laws in the US of A protecting every blog as if it was a newspaper, I surely have learnt something today.

If there are no such laws, the journalist claim goes out the window.

geneven 2010-04-27 06:59
Re: Apple wants to send the Gizmodo guys to jail
 
Anyway, I guess if The New York Times paid $10,000 for a prototype Volt that it knew was stolen, it would be liable even if the person buying the stolen car had a Ph.D in something.

Wanker 2010-04-27 07:11
Re: Apple wants to send the Gizmodo guys to jail
 
Another apple publicity stunt.

jutl 2010-04-27 07:16
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by Joorin (Post 629367)
"can be considered"... "(according to some)"...

If there are laws in the US of A protecting every blog as if it was a newspaper, I surely have learnt something today.

If there are no such laws, the journalist claim goes out the window.
There are local 'shield' laws in most states, but no federal law. In general they're drafted broadly enough to cover professional bloggers. For example the California example protects:

Quote:
A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication
from http://www.citmedialaw.org/legal-gui...ource-material

Interestingly, that article talks about the precedent in California law for bloggers' protection and look who was involved:

Quote:
California's shield law protects a person "connected with or employed upon a newspaper, magazine, or other periodical publication." In an important case, O'Grady v. Superior Court, 139 Cal. App.4th 1423 (Cal. Ct. App. 2006), a California appellate court held that the shield law applies to persons gathering news for dissemination to the public, regardless of whether the publication medium is print or online. In that case, Jason O'Grady operated an "online news magazine" about Apple Computers. He published confidential information he received about a new Apple product. Apple wished to sue the person who divulged the confidential information to O'Grady and subpoenaed him for information about the identity of his confidential source. The court applied the shield law, and O'Grady did not have to identify his source.
Gizmodo is based in New York though (I think). The NY law seems to only cover contempt of court. Also, as others have said, knowingly buying stolen goods is another matter entirely.

AlMehdi 2010-04-27 07:29
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by Joorin (Post 629367)
"can be considered"... "(according to some)"...

If there are laws in the US of A protecting every blog as if it was a newspaper, I surely have learnt something today.

If there are no such laws, the journalist claim goes out the window.
I though the US had free speach.. apparently not. Nothing that Apple would like anyway.

benny1967 2010-04-27 07:32
Re: Apple wants to send the Gizmodo guys to jail
 
Well, anyone who uses an Apple product in public should be sent to jail...

geneven 2010-04-27 07:46
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by AlMehdi (Post 629406)
I though the US had free speach.. apparently not. Nothing that Apple would like anyway.
I think there is no defense for buying stolen property, journalist or not. The defense will be that they didn't pay for the phone but for the information they got by looking at the phone.

The real question will be whether their testimony about the phone can be compelled, say with a $10,000 fine per day of their refusal to testify. They will plead the Fifth and they will be given immunity, and they will have to testify at some point or go bankrupt.

Techark 2010-04-27 08:00
Re: Apple wants to send the Gizmodo guys to jail
 
They should have paid the guy for his story on how he got the phone and then had him lend it to them to look at.
Then they would have been OK, but once they paid for the phone they screwed themselves im my opinion.

If someone happened to find a prototype BMW sitting on a street corner and sold it to Motor Mag for $100K and they took it apart and published all the photos about it I am sure most would consider that theft. Doubt Apple will win any fans for having the DA and cops go after them but they did it all wrong.

JohnLF 2010-04-27 08:00
Re: Apple wants to send the Gizmodo guys to jail
 
Grey area to me. They are not buying a stolen item because it was found left in a public place, surely?

Once they had bought it and taken all the pictures they wanted, the best course of action would have been to approach Apple, maybe at the same time the details were published, with the fact they had what appeared to be an Apple prototype and offer to return it if they could prove it was theirs.

If Apple accepted, proof is there, then fight a legal case to take the details down, but of course it is too late as everyone will have seen it anyway.

If Apple declined, then not a problem.

If the police are involved because of outing the product, not for buying a stolen item, then surely every single car magazine could be pursued in the same way for publishing pictures of prototypes on test tracks?

gerbick 2010-04-27 08:05
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by Wanker (Post 629386)
Another apple publicity stunt.
If so, it'll only backfire.

Mind you, I know that they got the phone via dubious methods; however they were interested in bringing a scoop. Just imagine each time a scoop landed in somebody's lap and they got arrested or their stuff seized.

If anything, I wonder exactly what will it take to give Apple zero coverage since they've treated AppleInsider.com as such and now... Gizmodo.

nermaljcat 2010-04-27 08:06
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by geneven (Post 629375)
Anyway, I guess if The New York Times paid $10,000 for a prototype Volt that it knew was stolen, it would be liable even if the person buying the stolen car had a Ph.D in something.
The phone wasn't stolen, it was lost/found.

AlMehdi 2010-04-27 08:06
Re: Apple wants to send the Gizmodo guys to jail
 
Quote:
Originally Posted by geneven (Post 629424)
I think there is no defense for buying stolen property, journalist or not. The defense will be that they didn't pay for the phone but for the information they got by looking at the phone.

The real question will be whether their testimony about the phone can be compelled, say with a $10,000 fine per day of their refusal to testify. They will plead the Fifth and they will be given immunity, and they will have to testify at some point or go bankrupt.
Thats true. If they bought a stolen device and knew about it they could be prosecuted for fencing. It can't get worse than that.. a petty crime. If they have profe.. which i don't think they have.

Anything els and the US law system got a big problem...


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