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 toast88 on Tue 27th Apr 2010 00:37 UTC 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

v RE[4]: A crime is a crime
by chris_l on Tue 27th Apr 2010 02:44 in reply to "RE[3]: A crime is a crime"
RE[4]: A crime is a crime
by mrhasbean on Tue 27th Apr 2010 02:54 in reply to "RE[3]: A crime is a crime"
mrhasbean Member since:
2006-04-03

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.


Except that by law the minute it was taken without the express intent of returning it to it's owner or the authorities, it became stolen property. Anyone purchasing that property is receiving stolen goods. They're two pretty simple laws that were broken. I agree that if it was your or my phone it wouldn't be handled this way, but I can guarantee if it was a secret prototype of something by Microsoft or Sony or Palm or Nokia they would be pushing just as hard to get to the bottom of how it all happened.

None of us here know all the facts. For all we know there could be conflicting stories about how it came to be in the hands of the person who sold it to Gizmodo, or any number of other possibilities. The bottom line is that one person chose to put the story above the law, and that's just plain stupid.

Reply Parent Score: 4

RE[4]: A crime is a crime
by Macrat on Tue 27th Apr 2010 03:37 in reply to "RE[3]: A crime is a crime"
Macrat Member since:
2006-03-27

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.


You're also assuming the whole "found it on a bar stool" story was true.

Reply Parent Score: 1