Linked by Thom Holwerda on Mon 26th Apr 2010 23:11 UTC, submitted by UglyKidBill
Legal Well, this is unexpected. The iPhone 4G saga just got a whole lot crazier - dare I say it, a whole lot more ridiculous. Have you ever reported anything like a phone or something similarly small stolen to the police? What was their reaction? Did you ever get the device back? Did they send an army of officers to get your device back? No? Odd. They raided Jason Chen's house, and took four computers and two servers. Update: And thus our true colours reveal. "The raid that San Mateo area cops conducted last week on the house of Gizmodo editor Jason Chen came at the behest of a special multi-agency task force that was commissioned to work with the computer industry to tackle high-tech crimes. And Apple Inc. sits on the task force's steering committee." Update II: According to TechCrunch, the investigation has been put on hold while the DA ponders Gizmodo's shield defence. Update III: Some legal insight from a constitutional law and first amendment expert and a law professor. The gist? The DA has said no one has been charged with anything here, making this just an investigation - however, this makes the search and seizing of material worse. "If the police are literally just gathering information, with no suspect targeted yet, then a subpoena against a journalist would have probably been smarter than a search warranted that resulted in the front door of Chen's home being bashed in."
Permalink for comment 420990
To read all comments associated with this story, please click here.
RE[5]: A crime is a crime
by Thom_Holwerda on Tue 27th Apr 2010 11:53 UTC in reply to "RE[4]: A crime is a crime"
Member since:

So, what do we have patents and copyrights for?

Trade secrets are covered enough by NDAs, which gives companies the legal handle to (rightfully so) seek compensation when an employee breaks said NDA. An NDA is particularly effective since it covers only the employer and employee, and doesn't extend towards journalists or other people who have had no part in signing said NDA.

Trade secrets are basically an NDA that extend to everyone, including you and I, even though we never signed any NDA or have ever agreed to not share any information. It gives companies yet another handle to blame their own failings (i.e., keeping stuff secret) on ordinary citizens who never had anything to do with the company in the first place.

Had we stuck to the concept of the NDA, then we would've never had to create countless dubious and shady legal provisions protecting "journalists", provisions which can be bent and broken depending on who has the most money (hint: it's not us).

It is a corporation-infused concept that has no bearing in a modern democracy. If you as a company are unable to keep the mouths of your employees shut, then that's YOUR failing, and your failing alone - not mine, not the media's.

Edited 2010-04-27 11:59 UTC

Reply Parent Score: 2