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]: i dunno
by mckill on Tue 27th Apr 2010 02:22 UTC in reply to "RE: i dunno"
mckill
Member since:
2007-06-12

Why do we lock our cars? Why don't we enact a law that anyone getting close to a stolen vehicle gets shot dead. Sounds appropriate and makes lives of law abiding citizens easier, right? I am sorry, but they went a bit over the top harassing that poor chap over a phone stolen or not. This is not what police normally does when phones get stolen.

Highly valued prototype, industrial secret? Well, isn't that Apple's failure to guard it? Why should a taxpayer be substituting for their shortcomings to do their housekeeping properly?

After all, was someone freely roaming with it around the city? Has it been FCC approved or did they actually cross the bounds taking it out of the lab? What if it started knocking other wireless (or other) devices out, interfering with pacemakers? Didn't actually Apple break the law and get what they had coming?


this isn't some dude's phone, this is a prototype. it didnt' just get a few pictures snapped, the complete details of what's inside and specs got leaked allowing competitors to match or beat it spec wise.

this will also cause a lot of consumers to hold off on not buying a 3GS iPhone and wait for the new device affecting their revenue.

I predict as a result of this, the 4G will come out sooner than Apple wants to with lower stock available since it's already 'out there'.

Reply Parent Score: 3

RE[3]: i dunno
by abcxyz on Tue 27th Apr 2010 03:02 in reply to "RE[2]: i dunno"
abcxyz Member since:
2009-07-30

this isn't some dude's phone, this is a prototype.


You did not read that very carefully. I could not care less. If this is the case, it should not have been out of the lab. Why would a criminal law and its enforcement paid from everyone taxes should be preoccupied with their reckless (except for relying on police cleaning up the mess form them) behavior towards their own stuff? Hence my parallel with locking my own car. It would be easier for me not to, a key less to carry around. If I could only get the law changed (since I do not plan to steal vehicles nor to buy a stolen one) to have violators shot (or at least harassed big time), it could make my life easier.

Plus I can have really important business contacts on my phone... even important and very secret files (potentially earning me, my company, a lot of mullah). Now, think I tell the police they will finally start burglarizing the neighborhood?

And there is that question: was it for sure turned off and never to be turned on? Or was it FCC approved.

it didnt' just get a few pictures snapped, the complete details of what's inside and specs got leaked allowing competitors to match or beat it spec wise.


Ehm, at least last few years competitors have matched and surpassed the specs on pretty much any Apple HW well before it was released. Their strength and success really is not in being greater then anyone else.

Plus as far as I understand, the usually most praised part (the UI) was disabled before it could leaked.

this will also cause a lot of consumers to hold off on not buying a 3GS iPhone and wait for the new device affecting their revenue.

I predict as a result of this, the 4G will come out sooner than Apple wants to with lower stock available since it's already 'out there'.


Was there a release data on a post-it attached to the device? Everyone kindda figured it will come eventually and seeing a prototype gives no clue about next model availability. Everyone also knows that as long as it sells and company does not feel threatened by anyone else, it just won't release the successor... it's that simple. Speculations of early summer announcement have been around and there surely is no doubt in mind of the faithful (picture or not) this will be the bestest device of all times, just like any previous they had to have.

Plus my personal take... I've seen the pictures and compared to 3GS, it looked uglier to me. ;)

Reply Parent Score: 4

RE[4]: i dunno
by apoclypse on Tue 27th Apr 2010 05:00 in reply to "RE[3]: i dunno"
apoclypse Member since:
2007-02-17

First of you are assuming a lot. 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. 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.

Again this is overkill, 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. 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.

Reply Parent Score: 0

RE[3]: i dunno
by bert64 on Wed 28th Apr 2010 10:17 in reply to "RE[2]: i dunno"
bert64 Member since:
2007-04-23

It was already known that a new iphone comes out every summer, it has happened for the last 3 years. Many people looking to buy an iphone in the run up to release day are likely to wait until the new version comes out - either to buy the new version, or to buy the previous one when it inevitably becomes cheaper.

Reply Parent Score: 2