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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A crime is a crime
by Macrat on Mon 26th Apr 2010 23:15 UTC
Macrat
Member since:
2006-03-27

Doesn't matter how you sugar coat it.

Not a bright idea to buy property that belongs to someone else and then blog about it.

Reply Score: 2

RE: A crime is a crime
by Thom_Holwerda on Mon 26th Apr 2010 23:18 in reply to "A crime is a crime"
Thom_Holwerda Member since:
2005-06-29

Not a bright idea to buy property that belongs to someone else and then blog about it.


Had Gizmodo not bought the phone and blogged about it...

...would Apple have had the phone back this quickly?

Just playing devil's advocate here.

Reply Parent Score: 7

RE[2]: A crime is a crime
by Tony Swash on Mon 26th Apr 2010 23:32 in reply to "RE: A crime is a crime"
Tony Swash Member since:
2009-08-22

"Not a bright idea to buy property that belongs to someone else and then blog about it.


Had Gizmodo not bought the phone and blogged about it...

...would Apple have had the phone back this quickly?

Just playing devil's advocate here.
"

I think the point is that the real value of the phone is that it is a secret industrial prototype. If it had just disappeared then Apple would have been concerned but not much more - the blogging (ie revealing the stolen industrial secret) was the bit that pushed a nuisance event into something more serious. As much as I defend the freedom of the press I think I would draw the line at buying and then publishing stolen industrial secrets for gain. Its just not right.

Reply Parent Score: 1

RE[2]: A crime is a crime
by toast88 on Tue 27th Apr 2010 00:37 in reply to "RE: A crime is a crime"
toast88 Member since:
2009-09-23

"Not a bright idea to buy property that belongs to someone else and then blog about it.


Had Gizmodo not bought the phone and blogged about it...

...would Apple have had the phone back this quickly?

Just playing devil's advocate here.
"

True. But this still doesn't alter the facts that he dealt with stolen property which is a crime in most countries and now he has to deal with the consequences. I assume that Mr. Chen is smart enough to have been aware of that before committing that. And since they're hopefully not going to put him into jail for 20 years but just fine him with a big amount I don't really feel any pity for him. The number of page hits generated several millions of revenues so he should be able to pay it, shouldn't he?

Adrian

Reply Parent Score: -1

RE[2]: A crime is a crime
by sigzero on Tue 27th Apr 2010 00:47 in reply to "RE: A crime is a crime"
sigzero Member since:
2006-01-03

That really is a stupid argument. Just apply that reasoning to every other type of crime.

Reply Parent Score: 4

RE[2]: A crime is a crime
by tyrione on Tue 27th Apr 2010 04:16 in reply to "RE: A crime is a crime"
tyrione Member since:
2005-11-21

"Not a bright idea to buy property that belongs to someone else and then blog about it.


Had Gizmodo not bought the phone and blogged about it...

...would Apple have had the phone back this quickly?

Just playing devil's advocate here.
"

Ignorance of the Law is not a defensible position in the United States of America.

Reply Parent Score: 3

RE[2]: A crime is a crime
by phoenix on Tue 27th Apr 2010 05:36 in reply to "RE: A crime is a crime"
phoenix Member since:
2005-07-11

"Not a bright idea to buy property that belongs to someone else and then blog about it.


Had Gizmodo not bought the phone and blogged about it...

...would Apple have had the phone back this quickly?

Just playing devil's advocate here.
"

Doesn't matter. In most US jurisdictions, knowingly buying stolen property is a crime. Regardless of the "intent" behind. And it doesn't get much more "knowingly" than blogging about it. ;)

As for the person who found it, they can be charged with selling stolen property, aka fencing.

Reply Parent Score: 3

RE: A crime is a crime
by rstat1 on Tue 27th Apr 2010 00:19 in reply to "A crime is a crime"
rstat1 Member since:
2009-12-12

I for one support what Chen did. Not because I hate apple, but because he actually made a good faith effort to return the device to Apple and they just ignored him.


Now I know they eventually got it back. So really this whole thing is pointless.

Reply Parent Score: 9

RE[2]: A crime is a crime
by Gone fishing on Tue 27th Apr 2010 05:30 in reply to "RE: A crime is a crime"
Gone fishing Member since:
2006-02-22

My penny worth,

It is not steeling unless you intend to deprive the owner of their property. There is no evidence that Gizmodo either did or intended to do this.

Why did the police take servers PCs etc? this is all about IP

Reply Parent Score: 4

RE: A crime is a crime
by Soulbender on Tue 27th Apr 2010 15:33 in reply to "A crime is a crime"
Soulbender Member since:
2005-08-18

Really. So if my phone is stolen I can expect the police to give it their very best and bring in the big guns. Right?
Because a crime is a crime that means my stolen phone would be just as important as Apple's phone.

Reply Parent Score: 2