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[6]: Warning Across the Bows
by fanboi_fanboi on Tue 27th Apr 2010 14:36 UTC in reply to "RE[5]: Warning Across the Bows"
fanboi_fanboi
Member since:
2010-04-21

//I then explained that trade secrets are unnecessary, since we already have NDAs, patents, copyrights, and trademarks.//

Yay. And if those NDAs, patents, copyrights and trademarks are violated, law enforcement comes in to enforce the laws that were broken by violating those NDAs, patents, copyrights and trademarks.

Which is what happened here.

Got it?

Reply Parent Score: -1

Thom_Holwerda Member since:
2005-06-29

Got it?


Quite clear you have no idea what this is about. At all.

The string of comments you replied to (namely, this one) is about whether or not trade secrets should exist. I explained that no, they do not, since there are already enough, far more effective and clearer means of achieving the same goal.

//I then explained that trade secrets are unnecessary, since we already have NDAs, patents, copyrights, and trademarks.//

Yay. And if those NDAs, patents, copyrights and trademarks are violated, law enforcement comes in to enforce the laws that were broken by violating those NDAs, patents, copyrights and trademarks.

Which is what happened here.


*sigh*

None of the above have happened here.

- If an NDA has been violated, then the police has NO business at Chen's house. An NDA is a contract between the employer and employee, and Chen is neither. If an NDA has been broken here, the police ought to go after the Apple employee. However, and here's the crux, breaking an NDA is breach of contract - which is a civil matter, not a criminal one.

- What patents have been violated here?

- What copyrights have been violated?

- What trademarks have been violated?

You really have no clue as to what's going on here, do you?

Reply Parent Score: 1