"The inherent vice of capitalism is the unequal sharing of blessings; the inherent virtue of socialism is the equal sharing of miseries." - Winston Churchill
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A lot of this depends on when Apple realized that their employee had lost this prototype. If the kid who found it called before it was known by Apple that it was lost then you would expect Apple to blow it off.
After all, why would you call Apple if you found a lost iPhone? Would you call Motorola because you found a lost Droid? They would probably tell you to contact AT&T or Verizon or whatever cell network the phone was on to try to track down the owner.
But of course the kid ALREADY KNEW the owner as he had powered the phone on in the bar and seen the employees Facebook account. He didn't make any attempt to contact the employee at all.
[AK]Bribo
If you were a zombie and I had to kill you, I'd feel sad.
Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. At common law, the finder of a lost item could claim the right to possess the item against any person except the true owner or any previous possessors.[3][4]
The underlying policy goals to these distinctions are to (hopefully) see that the property is returned to its true original owner, or "title owner." Most jurisdictions have now enacted statutes requiring that the finder of lost property turn it in to the proper authorities; if the true owner does not arrive to claim the property within a certain period of time, the property is returned to the finder as his own, or is disposed of.[5] In Britain, many public businesses have a lost property desk, which in the United States would be called a lost and found.
At least he has 5k for legal fees.
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!
http://tech.fortune.cnn.com/2010/04/...ps-on-gizmodo/
Which leaves open the question of whether Apple ever asked the authorities to look into the matter. We put that question to Apple public relations four days ago. We have yet to receive a reply.
UPDATE: A sharp-eyed reader points out that the Wall Street Journal Monday quoted a deputy district attorney saying that Apple contacted authorities and "advised [them] there had been a theft," which, according to the Journal, led to the search warrant and the investigation.
UPDATE 2: San Mateo County chief deputy DA Steve Wagstaffe offered more detail about Apple's role in an interview Tuesday with the San Jose Business Journal:
"Wagstaffe said that an outside counsel for Apple, along with Apple engineer [Gray] Powell, called the District Attorney’s office on Wednesday or Thursday of last week to report a theft had occurred and they wanted it investigated. The District Attorney’s office then referred them to the Rapid Enforcement and Allied Computer Team, or REACT, a multi-jurisdictional, high-tech crime task force that operates under the Santa Clara County District Attorney’s office."
[AK]Bribo
If you were a zombie and I had to kill you, I'd feel sad.
Then the question is I guess was it actually a theft? or did the idiot leave it at the bar and needed to cover his ass. I still doubt there would have been the same response if Squid called and reported his phone "stolen". I think Gizmodo should be as accountable as say a pawn shop would for receiving stolen merchandise, but think they went overboard with their response.
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!
We know the answer... Theif since he made no attempt return. If i leave my keys in my car running on the street and someone takes it. Yes i am dumb, but its stolen. I am sure the bar has a lost and found. If it was a anything other than a new iphone i am sure it would be in lost and found....
The pawn store standard sounds about right - with the note that this store then tracked down who they thought was the rightful owner and returned it upon written confirmation.
As to Powell, he sure took his time putting in that theft claim.
As to who cares? I'm not vested in any of this, I just find it really interesting! No fanboy, but I do know a cool phone when I see it, and look
forward to handling this one. I just hope I don't need written documentation of ownership before I handle one in the store!
The owner called the bar repeatedly, checking to see whether or not anyone had turned it in.
The "finder" behaved like an ass by A) not turning the phone over to the bartender and B) not attempting to get in touch with the guy who's name he saw on facebook, and C) attempting to sell to mulitple media sources (Engadget, Wired, at least, before settling on Gizmodo.)
If it didn't start as a theft, it quickly got shady looking.
Gizmodo acted like asses by publishing the name of the engineer who "lost" the device. One could argue that they shouldn't have bought the phone, but I'm up in the air on that one.
Apple is attempting to make it uncomfortable for Gizmodo to (hopefully) make other companies think twice about doing what Gizmodo did (purchasing and publishing.) Given what both parties did above, it's hard for me to feel sad for the "finder" and Gizmodo (and by proxy, their editor.)
Personal example - I was at Disney a couple weeks ago. I was picking up some drinks at a poolside bar, and while I was waiting for the bartender to complete my order, I found a credit card on the bar. The bar surface was wildly multicolor, so it kind of blended right in. I could've kept the credit card. I instead gave it to the bartender.
The guy should've handed the phone to the bartender. When the true owner called later that evening, he would've had his property back. End of story.
The sun has fallen down
And the billboards are all leering
And the flags are all dead at the top of their poles.
The difference with the pawn store analogy is that in this case the pawn store (Gizmodo) didn't simply possess the item and then return it. They took it apart and then published detailed pictures and information on the item. They profited from the item. Only AFTER they had done all this did they then make sure it got back to Apple.
[AK]Bribo
If you were a zombie and I had to kill you, I'd feel sad.
"The inherent vice of capitalism is the unequal sharing of blessings; the inherent virtue of socialism is the equal sharing of miseries." - Winston Churchill
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