[Legal] iPhone Prototype Clusterfuck

triple said:
you know what gawker's argument is here

if its so valuable a prototype

what the fuck is it doing lying around in a bar?
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yep, I'm quite sure other manufacturers of potential products they are worried about getting out to the public early take them out pubbing
 
Kiint said:
No really, its actually that I can read, you are just avoiding the content of the original post which links to a document explaining the crimes and the investigation, which are specifically

496(a) PC - Buy or receive stolen property (felony)
499c(b)(3) PC - Theft; Without authority make or cause to be made a copy (definition includes photograph) of any article representing a trade secret (felony)
594(b)(1) - Malicious damage of property of another valued over $400 (felony)

So its not just selling/receiving stolen property, its trade secret theft and malicious damages.
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It has to be proven that Gawker media KNEW it was stolen. IF they weren't sure or if they thought it could be a Chinese knock-off, then the whole case is pretty rocky.

The trade secrets one will be interesting to see because the phone was bricked. Plus you have that whole 1st amendment issue--that the media is protected by.

Malicious damage of property. There wasn't anything malicious about the damage and at that point in time they "owned" the property or at least thats what they are going to argue. That it was a good-faith purchase..kinda goes back to the stolen property deal.

I am not so sure its as airtight as you think.

I don't give a shit either way. Apple is gay. Stealing is gay. I am not going to buy the iphone and don't give a shit if they release a new generation that is only marginally better than the last.

Plus all of hte stuff that was seized during the raid will be subject to exclusion by any decent attorney.
 
in my opinion the only thing in this whole case that could hold felony ground is the prototype being irrevocably damaged. if chens disassembly of he phone did do that, then he is fucked. but he could easily prove otherwise if he has photos timestamped after disassembly showing the connect to computer screen.
 
Here's a question that most dont really think about:

Does apple want this press? Do they just want it to go away?

I'd imagine that Apple would like for this to just go away. They calculate they announcements, releases, statements, etc very carefully. This just is causing trouble and its making them look like the bad guys (even though their property was jacked).
 
The whole point of this, and I am certain Apple will be seeing it to the end, is to clearly establish to the public "If you ever find something that is Apple branded that you have never seen before, don't try selling it to the media, give it to the police instead".
 
Yetskii said:
Everything from Chen's house will be thrown out period.
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No it won't. Journalism protection won't cover him on the trade secrets charges. If he had published that he had seen and used a prototype phone and can confirm its existence and left it at that with no extensive description of photos, then sure the journalism protection would stand, but he has engaged in clear and deliberate trade secret theft and journalism doesn't hold dick on that charge.
 
pretty sure there needs to be a theft involved for trade secret theft

this is just apple being lazy with its trade secrets and paying the consequences

too bad there isnt a law against stupid
 
triple said:
pretty sure there needs to be a theft involved for trade secret theft

this is just apple being lazy with its trade secrets and paying the consequences

too bad there isnt a law against stupid
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They are still in discovery phase of the investigation, once they have sifted through all the evidence and establish that Chen had reasonable suspicion that the device was legit and worth paying the substantial figure (that was paid) then that establishes receiving stolen property. If you read the order, you will see that Hogan and an accomplice have admitted guilt by trying to destroy what evidence they had by throwing away memory cards and trying to donate Hogans computer to a church.
 
lol "admitted guilt"

the apple employee involved has already admitted he just plain forgot it in the bar

its not a question up for debate

you're so fucking stupid
 
triple said:
lol "admitted guilt"

the apple employee involved has already admitted he just plain forgot it in the bar

its not a question up for debate

you're so fucking stupid
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Do you know why people make fun of you so much, why people laugh at your comments all the time? Take a look at what you wrote ... its complete bullshit. Read the fucking affidavit you dumb fucking pear. The Apple employee said he returned to the bar 15 minutes after leaving once he realised he lost it. The guy who found it wasn't there so Hogan obviously hoofed it without trying too hard to return it to anyone, let alone ask the Bar to announce over their PA that a phone has been found (a logical step to take).

You really live in a fantasy world where things are black and white, where it wasn't stolen, it was FOUND, and journalists are untouchable and reputable individuals that could never in a million years do anything remotely illegal. Wow, I bet your parents will be proud when your brain reaches puberty, because you may begin thinking above a preschool level.
 
Kiint said:
They are still in discovery phase of the investigation, once they have sifted through all the evidence and establish that Chen had reasonable suspicion that the device was legit and worth paying the substantial figure (that was paid) then that establishes receiving stolen property. If you read the order, you will see that Hogan and an accomplice have admitted guilt by trying to destroy what evidence they had by throwing away memory cards and trying to donate Hogans computer to a church.
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In America, thats not admitting guilt. Admitting guilt is a written statement that states: "I am guilty of the charge." I dunno how Australia is. Maybe if Hogan was wearing skinny jeans he can try that excuse.
 
Kiint said:
They are still in discovery phase of the investigation, once they have sifted through all the evidence and establish that Chen had reasonable suspicion that the device was legit and worth paying the substantial figure (that was paid) then that establishes receiving stolen property. If you read the order, you will see that Hogan and an accomplice have admitted guilt by trying to destroy what evidence they had by throwing away memory cards and trying to donate Hogans computer to a church.
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ok here is a newflash, journalists pay for hot tips. its common practice.

the affidavit states chen paid 5k up front, and the rest would be paid in june(july?) if apple confirms the suspected device to be the real deal.

he wasn't certain when he paid for it, it was a tip, and he was doing what any journalist with a potential scoop of the century would do. he made sure he would get it.


oh and nice try trying to spin the affidavit's words. warren, hogans accomplice agreed to meet the dectective and hogan at the church so he can give hogans laptop back to him. but warren bailed and left the stuff sitting there. probably worried they would arrest him or something.
 
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Kiint said:
They are still in discovery phase of the investigation, once they have sifted through all the evidence and establish that Chen had reasonable suspicion that the device was legit and worth paying the substantial figure (that was paid) then that establishes receiving stolen property. If you read the order, you will see that Hogan and an accomplice have admitted guilt by trying to destroy what evidence they had by throwing away memory cards and trying to donate Hogans computer to a church.
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And during this, Chen's lawyers are going to be all over the bad search warrant.
 
Fuck man. I need to join the press. that way if I commit a crime, I can just write about it and claim freedom of the press.
 
Yetskii said:
And during this, Chen's lawyers are going to be all over the bad search warrant.
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I don't think Chen can afford star quality lawyers, and they will need to be to make that claim stick. The warrant was executed legally, the question remains as to whether he was protected by the journalists privilege, and considering the device was destroyed by Chen then even if he gets off that, he will still have that felony which is almost impossible to get off unless Chen can prove his innocence because the evidence exists to say that he had in fact destroyed it (proving guilt) by inexpertly pulling it apart and putting it back together.

Costing for the exercise would be simple (using theoretical numbers). If Apple budgeted $20m for the iPhone4 hardware, and 4 prototypes were created then that means each phone would be worth $5m ... meaning if Chen is found guilty of destroying the prototype then Chen will be up for a hefty fine or jail time.
 
i haven't the foggiest idea why the press would want to scoop the next iphone

thats a non-story and obviously gizmodo just wanted the iphone to sell for drug money
 
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