iPhone HD Leaked?

[valo403]

Originally Posted by FanIn80

I don't think phoning the Apple toll-free number and telling some random CSR that you've found a top-secret prototype that only 6 people on the entire planet have seen, can be called a "reasonable attempt."

I think leaving your contact information at the bar would be much more reasonable. All the reports I've read say that the guy who lost it was phoning the bar every 15 minutes to see if someone reported finding it.

Personally, I think the guy knew exactly what he was doing. The article even said that he took the fake 3GS case off it and saw it was a new iPhone no one had seen before. I think he knew what it was, and I think he decided on the one avenue that he knew would never amount to anything (calling 800-MY-APPLE). I think he knew he'd be able to make a quick buck on this thing, the moment he saw it.

In the eyes of a court I'd be absolutely stunned if that was not considered a reasonable attempt. The phone had markings that indicated it belonged to Apple, he called Apple. Like I said, probably not the best way to get it back to the person who left it there, but certainly not unreasonable.

[You Need a Thneed]

Originally Posted by valo403

In the eyes of a court I'd be absolutely stunned if that was not considered a reasonable attempt. The phone had markings that indicated it belonged to Apple, he called Apple. Like I said, probably not the best way to get it back to the person who left it there, but certainly not unreasonable.

This is what I was trying to say. And I'm going to agree with Fanin80 that its quite likely that the guy knew exactly what he was doing.

Not saying he stole the phone, but that he discovered it, and after a short inspection, knew pretty much what it was.

[Barnes]

Originally Posted by valo403

In the eyes of a court I'd be absolutely stunned if that was not considered a reasonable attempt. The phone had markings that indicated it belonged to Apple, he called Apple. Like I said, probably not the best way to get it back to the person who left it there, but certainly not unreasonable.

One man's reasonable attempt is another man's lame ass excuse. The property was not his and he sold it. In California, you cannot sell property you have found until after a considerable amount of time has passed.

And considering the person who found this accessed Gray Powell's Facebook page and Twitter account and didn't contact him...

[valo403]

Originally Posted by Barnes

One man's reasonable attempt is another man's lame ass excuse. The property was not his and he sold it. In California, you cannot sell property you have found until after a considerable amount of time has passed.

And considering the person who found this accessed Gray Powell's Facebook page and Twitter account and didn't contact him...

Which is precisely why it seems like proving this as a theft seems tough. You're supposed to hold found property for a considerable amount of time in nearly every jurisdiction before you can sell it, but without knowledge/intent I don't know that you could get a conviction. A base element of any theft crime is the mental state. It's not going to be easy to prove that existed. Not impossible, but I don't really expect theft charges to come from this.

Do the police even know who the person that found the phone is? Any information they got from the search of the editors home is likely to be barred for the purpose of identifying the source, but they could still find that person through the bar I assume. Just haven't heard anything about this individual.

[Yeah_Baby]

Mystery solved, photon sold the prototype iPhone to Gizmodo.

[photon]

Yeah right, I'd have put it on eBay.

[FanIn80]

Wait... photon sold Prototype to who?

[nfotiu]

Apple getting the police involved in this is very distasteful, and just adds to their building image as the most "evil" of all tech companies.

[anyonebutedmonton]

This would be pretty tough to nail him for theft. Though his attempt to return it was pretty lame, he did make an attempt.

Wired is complicating it even further in saying he didn't technically sell the device, rather was offering exclusivity to view it.

"News accounts depicting the $5,000 payment as a “sale” are incorrect, this person said. Rather, the agreement with Gizmodo was for exclusivity only. “It was made very explicit that Gizmodo was to help the finder return the phone to its rightful owner or give it back,” this person said. “Gizmodo said they could help restore the phone.”"

http://www.wired.com/threatlevel/2010/04/dude-apple/

[kermitology]

Originally Posted by nfotiu

Apple getting the police involved in this is very distasteful, and just adds to their building image as the most "evil" of all tech companies.

Apple requested the DA to investigate. The DA is the only one who can involve the police, and they do so at their discretion.

[nfotiu]

Originally Posted by kermitology

Apple requested the DA to investigate. The DA is the only one who can involve the police, and they do so at their discretion.

Called the DA? Called the cops? Is the distinction really important?

Oh well, I have faith that Steve Jobs' ultra-closed/controlled philosophy will again bite them in the ass.

[kermitology]

Originally Posted by nfotiu

Called the DA? Called the cops? Is the distinction really important?

Oh well, I have faith that Steve Jobs' ultra-closed/controlled philosophy will again bite them in the ass.

Yeah there is a distinction. They considered the property stolen. Why wouldn't you call?

This is a prototype device that got into the wrong hands. You better believe pretty much any other company in Apple situation would do the same thing. If you don't think that I don't know what to tell you other than: you're wrong.

[Flaming Choy]

[nfotiu]

Originally Posted by kermitology

Yeah there is a distinction. They considered the property stolen. Why wouldn't you call?

This is a prototype device that got into the wrong hands. You better believe pretty much any other company in Apple situation would do the same thing. If you don't think that I don't know what to tell you other than: you're wrong.

Stolen, as in breaking in somewhere and taking it, sure. I don't believe any other company would actually call the authorities if a prototype was foolishly left behind somewhere, and then blogged about, and then returned it when asked to. Most companies would just be embarassed, as it was their own fault, and hoped the story went away, and maybe be a little thankful for some free publicity.

[Barnes]

Originally Posted by nfotiu

Called the DA? Called the cops? Is the distinction really important?

Oh well, I have faith that Steve Jobs' ultra-closed/controlled philosophy will again bite them in the ass.

Again?

[Barnes]

Originally Posted by nfotiu

Stolen, as in breaking in somewhere and taking it, sure. I don't believe any other company would actually call the authorities if a prototype was foolishly left behind somewhere, and then blogged about, and then returned it when asked to. Most companies would just be embarassed, as it was their own fault, and hoped the story went away, and maybe be a little thankful for some free publicity.

So if you leave your company car running while you run into 7-11 and I get in, drive away and let my friend use it for $5000 who takes it for the weekend.

My friend posts pictures with the car in it and your company sees them and asks for it back. It is returned by my friend.

Your company would just be embarrassed and blame themselves?

[kermitology]

Look.. Apple is evil, but not for this.

[valo403]

Originally Posted by nfotiu

Stolen, as in breaking in somewhere and taking it, sure. I don't believe any other company would actually call the authorities if a prototype was foolishly left behind somewhere, and then blogged about, and then returned it when asked to. Most companies would just be embarassed, as it was their own fault, and hoped the story went away, and maybe be a little thankful for some free publicity.

You are 100% wrong

[Mike F]

Originally Posted by Barnes

So if you leave your company car running while you run into 7-11 and I get in, drive away and let my friend use it for $5000 who takes it for the weekend.

My friend posts pictures with the car in it and your company sees them and asks for it back. It is returned by my friend.

Your company would just be embarrassed and blame themselves?

OMFG, are you seriously comparing someone who picked up a phone left on the floor at a bar with someone who jumps into a running car and takes off at a convenience store

I suppose someone who finds a lost dog on the street is the same as someone who walks into a school and kidnaps a child?

This has to go in the knee-jerk Apple appologist hall of fame.

[Flames0910]

OMFG, are you seriously comparing someone who picked up a phone left on the floor at a bar with someone who jumps into a running car and takes off at a convenience store

Should have compared it to somebody stealing a NASA Space Shuttle IMO. And they didn't just drive it around for a bit and return it. They ripped it apart, took a look at the engine and pasted pictures all over the Internet.

This phone leaking is HUGE for Apple, and not in a good way. Now Microsoft, Google, Samsung, Nokia, etc., get a head start on reverse-engineering it as well as positioning their own products to be competitive.


It's very hard to put a dollar figure on the amount of money Apple will lose to this though because it depends on how well Microsoft, Google and friends take advantage of this bit of good fortune.