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: A crime is a crime
by Thom_Holwerda on Mon 26th Apr 2010 23:18 UTC 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[3]: A crime is a crime
by Thom_Holwerda on Mon 26th Apr 2010 23:39 in reply to "RE[2]: A crime is a crime"
Thom_Holwerda Member since:
2005-06-29

I've always found the concept of the trade secret retarded - as if companies don't have enough means to shield themselves as it is. If a company wants to keep something a secret, then good luck to them - they don't need the law for that.

Right now, they can basically claim whatever they want a trade secret and be done with it - which is idiotic.

Reply Parent Score: 13

RE[3]: A crime is a crime
by BallmerKnowsBest on Wed 28th Apr 2010 01:29 in reply to "RE[2]: A crime is a crime"
BallmerKnowsBest Member since:
2008-06-02

I think the point is that the real value of the phone is that it is a secret industrial prototype.


If they don't already, trade secret protections ought to have a "stupidity exemption." If you're stupid enough to take a secret prototype to a BAR (much less leave it there), then you don't deserve an ounce of sympathy.

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.


Except for the reports that there WERE attempts to return the phone to Apple and Apple refused to accept it (probably because they didn't want to acknowledge its authenticity).

Apple is basically acting out the "that's not my Swedish-made penis enlarging pump" gag... well, except Austin Powers didn't turn around and claim theft afterwards.

Reply Parent Score: 2

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[3]: A crime is a crime
by BluenoseJake on Tue 27th Apr 2010 02:29 in reply to "RE[2]: A crime is a crime"
BluenoseJake Member since:
2005-08-11

Actually, he dealt with lost property, not stolen, idjit lost it in a bar. If I lose my phone in a bar, it is not stolen, I lost it.

Reply Parent Score: 4

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

jabbotts Member since:
2007-09-06

(bad joke, couldn't resist)

Reply Parent Score: 2