Just as an FYI - They had an EFF Lawyer on PCMag After Hours podcast discussing the issue. You at least get one sides legal viewpoint on the issue.
http://www.podtrac.com/pts/redirect....h.04.28.10.mp3
Just as an FYI - They had an EFF Lawyer on PCMag After Hours podcast discussing the issue. You at least get one sides legal viewpoint on the issue.
http://www.podtrac.com/pts/redirect....h.04.28.10.mp3
"The inherent vice of capitalism is the unequal sharing of blessings; the inherent virtue of socialism is the equal sharing of miseries." - Winston Churchill
---
Hustedia.com | Husted Visuals | The Racing Historian
Gizmodo, EFF, and Jon Stewart are not the sources you should rely on for the truth of this story. The finder had the name of the owner, but didn't attempt to contact him. He in fact never called Apple. A friend offered to call Applecare, but didn't (Source: Wired)
Someone behaved like douchebags here, but it wasn't Apple. It was the ass who found the phone and kept it - later selling it, and Gizmodo for purchasing an item of questionable provenance as well as publicizing the name of the engineer.
Worth reading.
http://daringfireball.net/2010/04/gi...ototype_iphone
Also worth noting that Gizmodo's account of what happened contradicts the story of the finder.
http://www.wired.com/threatlevel/2010/04/iphone-finder/
There's a lot of CYA going on right now.
The sun has fallen down
And the billboards are all leering
And the flags are all dead at the top of their poles.
My sympathy's for the "finder" are more tempered. And his legal council needs to learn to stop showboating and STFU, because he's making statements that already are painting his client into knowing he did wrong. The guy's story is too convenient IMHO. A mysterious person finds the phone, hands it to our "finder", and then leaves. A "friend" is the one who calls Apple to return the phone. All stories that wash the "finder" and making it harder to prove/disprove his story. Not really inconsistent with Gizmodo's recalling of the tale though.
I don't think a reasonable person can take anything Gizmodo says on this topic seriously any more.
The sun has fallen down
And the billboards are all leering
And the flags are all dead at the top of their poles.
August Knights
Secretary of War
Brewmaster
FWIW, I'd want there to be stricter rules for my phone than for my car. Yeah, my car might cost more, but it's insured, and there's nothing in there other than my name, address, phone #, and registration number, all of which are public data or the next thing to it. My phone contains much more compromising data, plus the ability to impersonate me via text to anyone that I have saved as a contact. If it's a smartphone, it's even moreso. If it's an iPhone, it's even moreso moreso.
I have an app on my Droid (and I'm sure there is an equivalent for the iPhone, BB, and others) that if I lose my phone, I can simply log onto the website and lock it down remotely. I can then trace the location via the GPS even while the phone is completely locked up. It also backs up phone on a regular basis.
But to the point - My opinion on the matter is this (based on the info I've read on several different sites)
The person who found the phone really didn't make what I would consider a 'due diligence' effort to located the lawful owner.
I do not have a problem with Gizmodo paying the $5,000 for the phone in theory, they openly admit their "checkbook journalism". (Whether you consider that journalism or not is an entirely different debate) However, it's still unclear just how much they knew about the situation before they purchased the phone. We're they told he contacted Apple? Or did they know he didn't make a solid effort? Regardless, I believe they are protected under the law in terms of not being subject to a 'raid'.
I do believe the person who found the phone is probably the most 'guilty' party in this situation.
I believe the "raid" on the Gizmodo Editors home was uncalled for, and most likely illegal based on the protections in the law for journalists and reporters in the Privacy Protection Act which shields them, even if the subject is under investigation for illegal activities.
I don't think that Apple has done anything wrong here. They aren't the ones who raided the house and even if they were called - do you really believe that anyone working in their call center or tech support centers who supposedly took the call would have the knowledge or resources to address that call in any way that would be reasonable considering the circumstances? No way.
Last edited by [AK]Hylander; 05-02-2010 at 06:31 AM.
"The inherent vice of capitalism is the unequal sharing of blessings; the inherent virtue of socialism is the equal sharing of miseries." - Winston Churchill
---
Hustedia.com | Husted Visuals | The Racing Historian
I disagree Apple didn't do anything wrong. If you lost your phone and called the police would you expect the same result? Of course not, Apple must have made this out to be a bigger issue than it was, to cover up the fact that a "douchebag" employee was at the bar and lost his phone.
August Knights Ventrilo status
Don't let your Alligator mouth overload your Canary ASS!
"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."- Albert Einstein
If you find yourself in a losing battle....your tactics suck!