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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comment by kedwards
by kedwards on Tue 27th Apr 2010 19:05 UTC
kedwards
Member since:
2009-04-25

Why is this being conducted as a criminal case? No proptery was stolen, just lost and later returned. I don't really see what the Police is trying to accomplish by siezing Jason's computers, all the evidence is on the web. The only thing I can think of is that they are trying to pin something else on this guy.

After reading all the information, Apple has enough evidence(all of which are on Gizmodo's own website) to try Gizmodo in civil court. Gizmodo harmed Apple by telling Apple's competitors what they are working on, nothing more nothing less.

Reply Score: 1

RE: comment by kedwards
by macUser on Tue 27th Apr 2010 19:13 in reply to "comment by kedwards"
macUser Member since:
2006-12-15

Why is this being conducted as a criminal case? No proptery was stolen, just lost and later returned. I don't really see what the Police is trying to accomplish by siezing Jason's computers, all the evidence is on the web. The only thing I can think of is that they are trying to pin something else on this guy.

After reading all the information, Apple has enough evidence(all of which are on Gizmodo's own website) to try Gizmodo in civil court. Gizmodo harmed Apple by telling Apple's competitors what they are working on, nothing more nothing less.


Under California law, taking a lost item without taking proper steps to return it is theft. Items over a certain value need to be turned into the police if the owner can't be contacted.

Reply Parent Score: 2

RE[2]: comment by kedwards
by nt_jerkface on Tue 27th Apr 2010 20:49 in reply to "RE: comment by kedwards"
nt_jerkface Member since:
2009-08-26

Especially when the purchaser knows who the owner is. Gizmodo knew the phone was not privately purchased and in fact an internal prototype from a nearby company. That's why they purchased it and it's a felony since the value of the phone is over $1000. Felony warrants for possession often result in a house raid, especially for computer related crimes.

Reply Parent Score: 2