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[2]: A crime is a crime
by Tony Swash on Mon 26th Apr 2010 23:32 UTC 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[4]: A crime is a crime
by Morgan on Tue 27th Apr 2010 00:19 in reply to "RE[3]: A crime is a crime"
Morgan 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.


Indeed, and this particular case is exceptionally retarded. They should never have let the device off campus in the hands of anyone who wasn't on the Board, or at worst the lead designer (i.e. someone who gives a shit about the bottom line). Letting some schmuck take it bar-hopping was utter stupidity. NDA or not, accidents happen.

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


Idiotic or not, unfortunately it is the way of the business world. As we become more of a capitalist technocracy here in the States, we're going to see a lot more massive police action for petty incidents like this. I just wonder how many legitimate thefts, assaults and burglaries were occurring right down the block the night they executed that search warrant?

And I can't wait to hear about the brand new POST training facility or whatever it is Apple will so graciously donate the funds for next year...

Reply Parent Score: 6

RE[4]: A crime is a crime
by Karitku on Tue 27th Apr 2010 11:17 in reply to "RE[3]: A crime is a crime"
Karitku Member since:
2006-01-12

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.

Yes clearly it's stupid since no one gets hurt when chinese steal and reproduce something that company spend 2 bucks to research and design. Yeah clearly we don't need that tax money since we have heavy industry, wait we don't, oh well we still have IT support industry, wait we don't it was Abu in phone, oh well we still have coding industry, what some guys are coding stuff free, well we still have service industry, yes to serve poor people in food lines.

http://seekingalpha.com/article/197583-apple-s-research-and-develop...

Reply Parent Score: 2

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