Apple May Have Traced iPhone to Finder’s Address

[n2doc]

People identifying themselves as representing Apple last week visited and sought permission to search the Silicon Valley address of the college-age man who came into possession of a next-generation iPhone prototype, according to a person involved with the find.

“Someone came to house and knocked on his door,” the source told Wired.com, speaking on condition of anonymity because the case is under investigation by the police. A roommate answered, but wouldn’t let them in.

Apple’s vaunted wall of secrecy was smashed wide open when one of its developers lost a next-generation iPhone prototype sometime in March at bar in Redwood City, California. Another bar patron took the phone home and, having failed to find the owner, gave tech news site Gizmodo exclusive access to the device in exchange for $5,000. Gizmodo eventually returned the phone to Apple, but not before it published numerous photos and details.

San Mateo County police are now investigating, and they seized computers from Gizmodo writer Jason Chen’s home last week under a search warrant that Gizmodo is challenging as unlawful. Police have also identified and interviewed the man who took the phone from the bar, the San Jose Business Journal reported Tuesday.



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

[Atman]

1. IBTH

"In before the haters."

Apple sucks! They should release tech specs and schematics of ALL their new products at least six month before they are introduced so smaller companies have a chance to make money off their patents! Fuck you, Apple techno-fascists! Why do you hate bloggers?

:hi:

.

[petronius]

4. I don't think the story is so much about hating Apple as it is about questioning

why the police are searching a house and seizing computers after the phone has been returned. Apple has a right to protect its intellectual property, but how often do police get involved to this level and this heavy-handedly?It sounds more like intimidation than investigation, and I don't think it's Apple that's going to be in hot water here...

[MilesColtrane]

9. Gizmodo purchased stolen property.

The CEO of the company has admitted this.

[petronius]

10. I don't think that's much in dispute (despite the weasel-words in the article)

The question to me, considering that the property had been returned, is whether this police action was appropriate or even lawful?

[MilesColtrane]

19. It was warranted.

Receipt of stolen property is a federal crime.

Giving back the property bought doesn't make Gizmodo immune to the legal consequences of its actions.

They are using the First Amendment as their defense in this, but I don't see how an investigation of a possible crime is an infringement upon their speech.

[petronius]

36. The stolen property was a single phone, correct? Which was known with 100%

certainty to not be at the location that was raided? Given that, I don't see that this was an appropriate use of police power - it was either punitive or intended to help Apple recover descriptions of the phone, neither of which sounds like a proper role for local police.

[MilesColtrane]

37. The intent of the raid was probably to firmly establish that Gizmodo knew they...

were buying something that was stolen.

There are probably email exchanges between Chen and management discussing the provenance of the phone, how it came to be acquired by the seller, his asking price, etc..

The DA could also be going for criminal conspiracy charges against Chen's bosses.

[petronius]

38. And that would be an illegal use of a search warrant:

http://www.eff.org/deeplinks/2010/04/gizmodo-search-warrant-illegal

[MilesColtrane]

46. Whether it was legal or not is certainly an interesting question that will take a while to...

hash out in the courts.

I suspect that the DA will argue that he was not seizing Chen's property in an effort to find out the source of the story (as the shield statute specifies), but rather to find evidence of crimes.

I'd even venture to say that the cops already knew who sold the phone to Gizmodo, because Apple already knew, and probably told them.

If I remember correctly the government did not charge the NYTimes with theft after they took possession of, and published, the stolen Pentagon Papers perhaps in part because the paper didn't pay Ellsberg for them.

[MUAD_DIB]

14. HATER! HATER!

:sarcasm:

[RobinA]

39. Is This Really Stealing?

I mean, I find something of value in a bar I try to return it, but that's a morality thing. From a strict legal standpoint wouldn't it be "finders keepers"? And if not, I'll expect the police to start raiding peoples houses the next time I lose something worth a couple hundred. Somehow I doubt if I leave MY Iphone in a bar I will get a massive police response. I could be wrong.

[MilesColtrane]

45. Yes, taking something that belongs to someone else really is stealing.

I won't paste the California Penal Code here, but section 484 (a) has the legal definition of theft if you're interested.

If whoever walks with your phone then goes on to post on the internet that they have it, I see no reason not to expect that the police would go talk to them, especially if it was worth much more than most other phones.

[npk]

47. Finders Keepers doesn't apply in Grown Up World

It only applies in little kid world. When you become an adult you have to live by a whole different standard of rules, called criminal law. Best of rule of thumb to use when you are an adult, if it doesn't belong to you, don't touch it. Otherwise you could be charged with theft.

Almost all states including California, have a statute called Theft of Lost or Misplaced property.

CAL. PEN. CODE § 485 : California Code - Section 485

One who finds lost property under circumstances which
give him knowledge of or means of inquiry as to the true
owner, and who appropriates such property to his own
use, or to the use of another person not entitled thereto,
without first making reasonable and just efforts to find
the owner and to restore the property to him, is guilty
of theft.

[tammywammy]

6. That's ridiculous

Just like every other industry/company out there, people can wait until the product comes out until they start trying to take advantage of the technology.

[RandomThoughts]

2. I used to live in Redwood City. So did my Grandparents.

It is a nice area. My Grandfathers back yard was a garden, really nice memories.

[demmiblue]

3. Well, they do have an app for that.

http://www.apple.com/mobileme/news/2009/06/find-my-iphone-now-available.html

:shrug:

[frazzled]

5. If you find a phone in a bar, you don't take it home: that's stealing

You hand it to the manager of the establishment so that the person who lost the valuable item can return to claim it.

This person did steal the phone (then sold it for $5,000). This article makes it sound as if the person were a complete innocent: he "came into the possession" of the phone, took it home and "failed to find the owner." In legal terms, however, he stole it. He did not find this on a park bench or in the street, in which case taking it home might be the only option. He took it from a bar.

[tammywammy]

7. I agree

If I see something that appears lost the proper thing to do is give it to the manager of said establishment. I definitely don't think go and sell whatever it is to someone else. :shrug:

[mod mom]

8. I agree 100%. what if it was your phone and someone downloaded info off it

and distributed it online.

[MUAD_DIB]

16. But... But... But...

What about hating Apple?

[MUAD_DIB]

15. GEEZ!!!! ANOTHER HATER!!!

Where do you guys get off!

:sarcasm:


Actually what you wrote was one of the best examples of common sense on the issue.

Thanks.

[leeroysphitz]

11. Oh my god. Who cares? n/t

[Dreamer Tatum]

12. Apple has its precious goddamned phone back

If this was ANY other company besides Apple, there'd be hundreds of tedious posts about corporate fascism and
private goon squads masquerading as police.

Hey, Apple? It's a PHONE with a HARD DRIVE. Fucking get over yourself already. You didn't cure cancer. You made
a couple of changes to get your monkeys to stand in line once again.

[frylock]

13. would love to see the response here if this were microsoft sending out their private gendarme..

steve jobs is a goon.

[MUAD_DIB]

17. I would love to see the response if somebody came across

new DU source code and sold/posted it at Free Republic.


This place would be going ballistic.

[Dreamer Tatum]

18. Amazing how all a corporation needs to do is make shiny toys for adults

to get a free pass for anything it does. Apple almost has the same market cap as Microsoft now, and while Microsoft sells mostly SOFTWARE that uses few natural resources, Apple produces tens of millions of small electronic objects that clutter landfills
and use petroleum products to produce.

Oh well.

[MUAD_DIB]

20. The problem is that you seemingly have a lack of comprehension

with regard to private property.

[Dreamer Tatum]

22. Does that give Apple the right to spy on people? Knock on their doors?

Oh, wait. They're APPLE. Sorry, my bad. As long as we lefties like their slick products, anything goes.

[MUAD_DIB]

29. Your continued evasion regarding the concept of private property in noted.

Yes, your bad.

[Dreamer Tatum]

33. So, to you, private proerty rights include the right of corporations to harass private citizens

Does your pretzel logic come with mustard?

[MUAD_DIB]

40. I can see how your views of asking for one's property back

from another person, in whose possession it shouldn't belong, would be considered harassment.
:sarcasm:

FIGHT THE POWER MAN! :rofl:

[Dreamer Tatum]

42. So you didn't read the story. That explains a lot. Thanks. nt

[MUAD_DIB]

43. Actually I did read the article, sweetheart.

But that won't stop you from being a whiny little DU child.

People identifying themselves as representing Apple last week visited and sought permission to search the Silicon Valley address of the college-age man who came into possession of a next-generation iPhone prototype, according to a person involved with the find.

Perhaps they were looking to buy it back from him. They didn't force their way in, sweetheart, they asked to come in and were turned away.

The problem that I have with all of this is the level of whiny Apple-hating DUers that love to thump their chest and cry "victim" on everything under the sun.

Mostly I love how you absolve all responsibility of the finder/seller of the IPhone and GIZMODO to be victims of the big bad corporations.


You guys are a joke on wheels.

[Dreamer Tatum]

44. I don't absolve the guilty parties. I just prefer to let the POLICE take care of it

...rather than Apple's iGoons.

How funny: Apple can seek its own redress when it has the technical wherewithal to find someone that wronged them, and that is NO PROBLEM for you.

Hey, as long as they keep pumping out those sexy toys, right?


:eyes:

[MUAD_DIB]

48. Even your language is a joke. Apple goons. Jeeze...

:rofl:

Goons don't ask to come in then leave when declined.

So you want to let the police deal with it? Great.

I guess that I won't be hearing you whine about it any longer.

[MilesColtrane]

23. Wrote the man from his shiny toy

[Dreamer Tatum]

24. My computer is 4 years old, which is what, 12 iPod versions ago?

Nice try.

[MilesColtrane]

25. And parts of it will never end up in a land fill.

Good for you.

[Dreamer Tatum]

34. I know...someday all electronics will be biodegradable, like Apple's are

:sarcasm:

[MilesColtrane]

35. I know you are. What am I?

:lol:

[MilesColtrane]

21. Flash drive, actually.

[Dreamer Tatum]

26. Ah yes - a little computer that makes phone calls. What a huge innovation.

Not like anyone else makes those.

[MilesColtrane]

27. You are a funny guy.

[cbdo2007]

28. Another fun game - using a pictures exif data from an I-phone to get

the GPS coordinates of where it was taken.

Take an I-phone pic and then upload it to a site such as this one http://regex.info/exif.cgi and it will give you the GPS coordinates, along with a map sometimes, of where the pic was taken.

I-phone users give up their privacy more than anyone else on the planet!

[Robb]

31. There are a few digital cameras that include this data.

...and it's included on all GPS-equipped phones. Unless you opt out.

My iPhone asks me every time I turn the camera on if I want to include location data. I don't, so far, but my old boss uses it these days to organize thousands of photos into where they were taken. Apples iPhoto lets you sort that way, probably some other image-sorting programs do, too. :shrug:

[alfredo]

30. Jonathan Turley on Countdown

http://www.msnbc.msn.com/id/3036677/vp/36814154#36814154

[madinmaryland]

32. Get a PC!!1!! Never trust Apples!!

:hide:

[MUAD_DIB]

41. Technically Apples are PCs.