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."
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RE[5]: i dunno
by abcxyz on Tue 27th Apr 2010 18:28 UTC in reply to "RE[4]: i dunno"
abcxyz
Member since:
2009-07-30

First of you are assuming a lot.


Let's look at that later, shall we.

You are assuming that the device actually was lost and not stolen form an Apple employee having himself a drink or using the john for a bit or even if this whole bar story is even true. I tend to think otherwise.


So we have two assumptions on your part already:

a) In contrary to presumption of innocence normal in most civilized countries, you seem to assume the only story version we've been told is false. Based on? Your inner feeling that is usually right?

b) You also assume what I am assuming. Go back to my posts and point out where have I said that Gizmodo's actions were right and/or justifiable?

My sole point is. Publicly funded law enforcement is used for private goals of a single corporation (in this case) in a way that is grossly disproportionate to the usual police response should something similar happen to an individual or smaller business. I would also argue that the action way over the top taking into an account the crime that has been committed, lost or stolen regardless.

Even if the phone was a lost it was the responsibility of the person to hand the device to the authorities or to the bartender of the place in question. No one has verified the veracity of the incident. However what we do know is that Gizmodo payed about $10,000 for the device and then proceeded to take it apart. Would you like someone to steal you car take it apart piece by piece and then give it back to you, possibly not put back the way they found it? I know I wouldn't. The police are most likely trying to investigate the original person who found the device and most likely took Chen's computer for evidence or emails concerning the sale f the property, which was obviously stolen. This is a serious crime, imo, and should deter other "journalists" from doing the same in the future. Apple is most likely trying to figure who they should press charges against.


If the device was of a utmost importance to someone (e.g. Apple), the owner should have done a lot better job protecting it from loss/theft. That is the point of my car locking parallel. Since to my best knowledge I am in no way involved in car theft related crime, it would be a lot more convenient for me to have draconian laws and police force at my disposal to deal with violators swiftly, then bothering with locking and unlocking the vehicle several times every day. The reality of the world is, it's not perfect and in proportion to of how much value a thing is to me (someone), reasonable countermeasures needs to be put in place to prevent loosing it. I am just advocating against being lazy and rather shaping laws, using public services then showing some effort on my part. Try to come to your insurance company6 that the car you've left with keys in ignition is not where you've parked it and you want them to pay for it (or that you broke your leg on vacation when trying how big of a hammer you could hit yourself with).

Speaking of car prototypes. Dunno how much you're familiar with the field, but car makers bought huge chucks of land where they have there own tracks for testing their vehicles. When they drive regular streets, their new yet to be released vehicles are usually (except for PR department sanctioned leaks to tease the public) heavily masked, or even new technology in an older model body. In other words. If you it is important to you and you consider it your competitive edge, you do not hand it over to any employee to go have fun in the city.

Also If I understand this correctly, Chen was not even the person to get to it first, so shedding light on how did this happen, he would not be the first one to go to after questioning took place (or did it?) withing Apple.

Not to mention that you are again assuming that the device was (now obviously) stolen, while the official claim was lost and found. And you are also heavily assuming into what good uncle Apple is actually trying to achieve here.

Again this is overkill...


Really glad you can see that. So we are in agreement. I did not say he hasn't done wrong. I am saying the action is disproportionate and way out of the usual police action we'd get should it happen to anyone of us.

but for anyone here to argue that Apple isn't well within their rights especially when other companies have done far worst with less, is really being facetious.


Yes, it's the San Mate DA and Police that crossed the bounds and showed us, how law is served differently depending on who has been wronged. Have I anywhere suggested otherwise.

However people see Apple and loose all sense of reason or recollection. They have a chip on their shoulders regarding Apple from some past implied wrong doing on Apple's part (in here it usually boils down to, "Apple won't give me their OS for free, wah!") want to decry everything they do and at the same time OSnews and everyone else gets their little page hits they are so fond of. Its like the Lion King in this bitch, the circle of life.


That is to conclude your tour of your assumptions. And since I kindda know what I am thinking I can say you're clearly wrong on this one. I'd be equally upset about this if we were talking Microsoft, Sun/Oracle, Red Hat, SuSE, Mozilla Foundation, Ford, VW... or pretty much anyone else. I just don't believe this is how it's supposed to be handled. It's that simple.

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