Comments on: Charges filed in lost iPhone 4 case; Gizmodo editors cleared http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html Brain candy for Happy Mutants Thu, 23 May 2013 20:03:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: BarBarSeven http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185900 BarBarSeven Thu, 11 Aug 2011 20:19:00 +0000 http://boingboing.net/?p=112793#comment-1185900 Slight correction: <i>Gizmodo</i> forked over 5 grand because they consciously knew that was the max legal amount they could pay to avoid significant criminal liability. Slight correction: Gizmodo forked over 5 grand because they consciously knew that was the max legal amount they could pay to avoid significant criminal liability.

]]> By: lecti http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185265 lecti Thu, 11 Aug 2011 03:49:00 +0000 http://boingboing.net/?p=112793#comment-1185265 Cleared, but real sleazy: THIS IS GIZMODO Seriously, the folks there actually consulted a lawyer about this - they knew they were in hot legal waters the minute they forked over 5 grand. It's not like they were forced into theft. Cleared, but real sleazy: THIS IS GIZMODO

Seriously, the folks there actually consulted a lawyer about this – they knew they were in hot legal waters the minute they forked over 5 grand. It’s not like they were forced into theft.

]]> By: ackpht http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185228 ackpht Thu, 11 Aug 2011 02:00:00 +0000 http://boingboing.net/?p=112793#comment-1185228 When my San Diego rental was burglarized, one of the items surfaced later at a pawn shop (flagged because the pawn shop reports serial numbers to the police). The police advised me that the simplest thing for me to do was go pay the shop for what they loaned on it, because a judge would get angry if I took up his time over a small amount like $20. I asked the detective how much of the stuff in pawn shops was stolen, and he said "most of it". But as long as they don't punish the pawn shops, the shops will report serial numbers like they're supposed to, which is all the police care about. I decided to consider it a finder's fee, and when I made the transaction at the pawn shop, the weasel behind the counter had the stones to say "I hate it when people have to pay to get their stuff back." When my San Diego rental was burglarized, one of the items surfaced later at a pawn shop (flagged because the pawn shop reports serial numbers to the police). The police advised me that the simplest thing for me to do was go pay the shop for what they loaned on it, because a judge would get angry if I took up his time over a small amount like $20. I asked the detective how much of the stuff in pawn shops was stolen, and he said “most of it”. But as long as they don’t punish the pawn shops, the shops will report serial numbers like they’re supposed to, which is all the police care about.

I decided to consider it a finder’s fee, and when I made the transaction at the pawn shop, the weasel behind the counter had the stones to say “I hate it when people have to pay to get their stuff back.”

]]> By: morcheeba http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185157 morcheeba Wed, 10 Aug 2011 23:46:00 +0000 http://boingboing.net/?p=112793#comment-1185157 That's called trade dress and it's protected by design patents. "market bullying" isn't a law; "trademark infringement" (which apple alleges in the samsung case) is a law, and apple is allowed to protect the uniqueness of their designs. Now if a large number of these cases are thrown out by the courts, I'd be upset, but until then, it looks like they've got some decent claims.  http://www.schwimmerlegal.com/2011/04/4820.html haha ... love that cartoon! But I still don't understand what Sagodjur was trying to say. That’s called trade dress and it’s protected by design patents. “market bullying” isn’t a law; “trademark infringement” (which apple alleges in the samsung case) is a law, and apple is allowed to protect the uniqueness of their designs. Now if a large number of these cases are thrown out by the courts, I’d be upset, but until then, it looks like they’ve got some decent claims. 
http://www.schwimmerlegal.com/2011/04/4820.html

haha … love that cartoon! But I still don’t understand what Sagodjur was trying to say.

]]> By: waetherman http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185131 waetherman Wed, 10 Aug 2011 23:11:00 +0000 http://boingboing.net/?p=112793#comment-1185131 In the grand scheme of things, and in light of the Murdoch scandal, this was a pretty minor offense. What bothered me most was the way that Gawker seemed to put the editor (Chen, I think) out as a sacrificial lamb. And that seemed particularly bad because with a little forethought, and the consultation of a good lawyer, they probably could have avoided all liability. Instead they committed a crime, and put Chen in a position to have his house raided and his belongings seized. As much of a fan of the first amendment as I am, I think it's good to have a reminder every now and again that being a member of the press (whatever that means) doesn't mean it's okay to commit crimes. And for that, this case seems to have served as a good example. In the grand scheme of things, and in light of the Murdoch scandal, this was a pretty minor offense. What bothered me most was the way that Gawker seemed to put the editor (Chen, I think) out as a sacrificial lamb. And that seemed particularly bad because with a little forethought, and the consultation of a good lawyer, they probably could have avoided all liability. Instead they committed a crime, and put Chen in a position to have his house raided and his belongings seized.

As much of a fan of the first amendment as I am, I think it’s good to have a reminder every now and again that being a member of the press (whatever that means) doesn’t mean it’s okay to commit crimes. And for that, this case seems to have served as a good example.

]]> By: BarBarSeven http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185096 BarBarSeven Wed, 10 Aug 2011 22:31:00 +0000 http://boingboing.net/?p=112793#comment-1185096 The way Apple is behaving in the mobile market is fairly questionable when it comes to slapping lawyers on anyone who dares make anything that looks remotely like an iPhone/iPad/iPod Touch. Market bullying is a fair assessment in that case. “FUD” clearly refers to the classic “Far Side” cartoon by that witty rapscallion Gary Larson. Look out cat! The way Apple is behaving in the mobile market is fairly questionable when it comes to slapping lawyers on anyone who dares make anything that looks remotely like an iPhone/iPad/iPod Touch. Market bullying is a fair assessment in that case.

“FUD” clearly refers to the classic “Far Side” cartoon by that witty rapscallion Gary Larson. Look out cat!

]]> By: morcheeba http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185085 morcheeba Wed, 10 Aug 2011 22:23:00 +0000 http://boingboing.net/?p=112793#comment-1185085 what anti-competitive business practice do you allege, and which law does it violate? Also what do you mean by "the FUD of competing platforms"? what anti-competitive business practice do you allege, and which law does it violate? Also what do you mean by “the FUD of competing platforms”?

]]> By: BarBarSeven http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185077 BarBarSeven Wed, 10 Aug 2011 22:15:00 +0000 http://boingboing.net/?p=112793#comment-1185077 Receiving stolen materials to cover a story is one thing. Paying for that stolen material as a prerequisite of receiving that stolen material is another. If <i>Gizmodo</i> simply received the iPhone with no cash exchanged, whatever. But it’s clear from the dollar amount that <i>Gizmodo</i> (and parent company <i>Gawker Media</i>) were trying to avoid liability by skirting the repercussions of <a href="http://www.theawl.com/2010/04/gizmodo-semi-explains-the-iphone-but-not-about-title-18-sec-2314" rel="nofollow">Title 18, US Code, Section 2314 and 2315: “Whoever transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more... shall be fined under this title or imprisoned not more than ten years, or both.”</a>  Which is all to say <i>Gawker Media</i> legally got away with it. Morally, that is another question. Receiving stolen materials to cover a story is one thing. Paying for that stolen material as a prerequisite of receiving that stolen material is another. If Gizmodo simply received the iPhone with no cash exchanged, whatever. But it’s clear from the dollar amount that Gizmodo (and parent company Gawker Media) were trying to avoid liability by skirting the repercussions of Title 18, US Code, Section 2314 and 2315: “Whoever transports, transmits, or transfers in interstate or foreign commerce any goods, wares, merchandise, securities or money, of the value of $5,000 or more… shall be fined under this title or imprisoned not more than ten years, or both.” 

Which is all to say Gawker Media legally got away with it. Morally, that is another question.

]]> By: michaelk42 http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185068 michaelk42 Wed, 10 Aug 2011 22:06:00 +0000 http://boingboing.net/?p=112793#comment-1185068 Yet this does not change the fact that Gizmodo did something really stupid, and ran a real risk of not only being charged but convicted of criminal conversion. Not being surprised that the individuals did get charged/corporation didn't doesn't mean I necessarily think he *had* to charge the corporation, BTW. Yet this does not change the fact that Gizmodo did something really stupid, and ran a real risk of not only being charged but convicted of criminal conversion.

Not being surprised that the individuals did get charged/corporation didn’t doesn’t mean I necessarily think he *had* to charge the corporation, BTW.

]]> By: LikesTurtles http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185064 LikesTurtles Wed, 10 Aug 2011 22:03:00 +0000 http://boingboing.net/?p=112793#comment-1185064 Most jurisdictions divide theft into many categories including theft by taking and theft by finding.  Hogan didn't have any reasonable expectation that the phone he found was abandoned (in the legal sense) by its owner. http://en.wikipedia.org/wiki/Theft_by_finding Most jurisdictions divide theft into many categories including theft by taking and theft by finding.  Hogan didn’t have any reasonable expectation that the phone he found was abandoned (in the legal sense) by its owner.

http://en.wikipedia.org/wiki/Theft_by_finding

]]> By: Dan http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1185027 Dan Wed, 10 Aug 2011 21:29:00 +0000 http://boingboing.net/?p=112793#comment-1185027 How did Hogan get charged with theft? All the stories said that the phone was just left in the bar, ie forgotten. I found a phone in the park the other day and took it with me, charged it and called the most used contact to see if I could return the phone. Luckily they didn't charge me with stealing. Besides, Hogan tried to call Apple to return the device and they told him he was a crazy person. How did Hogan get charged with theft? All the stories said that the phone was just left in the bar, ie forgotten. I found a phone in the park the other day and took it with me, charged it and called the most used contact to see if I could return the phone. Luckily they didn’t charge me with stealing.

Besides, Hogan tried to call Apple to return the device and they told him he was a crazy person.

]]> By: Rob Beschizza http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184976 Rob Beschizza Wed, 10 Aug 2011 20:51:00 +0000 http://boingboing.net/?p=112793#comment-1184976 Someone should inform the district attorney that the law is in fact a special computer that executes instructions listed in statute books without checking all the other statute books or case law, or indeed the willingness of victims and witnesses to cooperate, or anything else that may affect the likelihood of a successful prosecution. Someone should inform the district attorney that the law is in fact a special computer that executes instructions listed in statute books without checking all the other statute books or case law, or indeed the willingness of victims and witnesses to cooperate, or anything else that may affect the likelihood of a successful prosecution.

]]> By: michaelk42 http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184934 michaelk42 Wed, 10 Aug 2011 20:24:00 +0000 http://boingboing.net/?p=112793#comment-1184934 People get charged with a crime but a corporation doesn't. Not exactly news. People get charged with a crime but a corporation doesn’t.

Not exactly news.

]]> By: jcostantino http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184909 jcostantino Wed, 10 Aug 2011 20:10:00 +0000 http://boingboing.net/?p=112793#comment-1184909 Are you a journalist? Then yes, it's allowed. Are you a journalist? Then yes, it’s allowed.

]]> By: arikol http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184877 arikol Wed, 10 Aug 2011 19:50:00 +0000 http://boingboing.net/?p=112793#comment-1184877 This is GREAT news. Willfully buying stolen property (property which you KNOW that the seller does not rightfully own and/or know the seller has received it through questionable means) is apparently legal! I have to go now, this guy is selling computer equipment out of his boot at insanely low prices....brand new, except for some other guy's name on it. That's allowed, right? This is GREAT news. Willfully buying stolen property (property which you KNOW that the seller does not rightfully own and/or know the seller has received it through questionable means) is apparently legal!
I have to go now, this guy is selling computer equipment out of his boot at insanely low prices….brand new, except for some other guy’s name on it. That’s allowed, right?

]]> By: Scott Frazer http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184865 Scott Frazer Wed, 10 Aug 2011 19:46:00 +0000 http://boingboing.net/?p=112793#comment-1184865 They purchased a stolen device. Note that the charges that _were_ filed include misdemeanor theft. They purchased a stolen device. Note that the charges that _were_ filed include misdemeanor theft.

]]> By: BarBarSeven http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184864 BarBarSeven Wed, 10 Aug 2011 19:45:00 +0000 http://boingboing.net/?p=112793#comment-1184864 No pun intended, but you’re talking about apples and oranges. Leaking an iPhone prototype to a tech gossip blog does nothing to further a more competitive environment; if anything it drove up Apple demand. Maybe you’re real complaint is the prototype was not sold to Samsung, Palm or Google instead? No pun intended, but you’re talking about apples and oranges. Leaking an iPhone prototype to a tech gossip blog does nothing to further a more competitive environment; if anything it drove up Apple demand. Maybe you’re real complaint is the prototype was not sold to Samsung, Palm or Google instead?

]]> By: Sagodjur http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184852 Sagodjur Wed, 10 Aug 2011 19:40:00 +0000 http://boingboing.net/?p=112793#comment-1184852 They purchased a phone and took pictures of it. Big deal. I'm more concerned about Apple's anti-competitive business practices that drive up the cost and the FUD of competing platforms to the detriment of the free market. Where's the investigation into that? They purchased a phone and took pictures of it. Big deal.

I’m more concerned about Apple’s anti-competitive business practices that drive up the cost and the FUD of competing platforms to the detriment of the free market.

Where’s the investigation into that?

]]> By: BarBarSeven http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184845 BarBarSeven Wed, 10 Aug 2011 19:34:00 +0000 http://boingboing.net/?p=112793#comment-1184845 But <i>Gizmodo</i> editors (and <i>Gawker Media</i>) were clearly enablers in this fiasco. Which is a legally gray area, thus they are “off the hook” but they deserve the level of distrust and disdain they have received. <i>Gawker Media</i>’s reputation is well deserved, but not too sure who would be proud of that. But Gizmodo editors (and Gawker Media) were clearly enablers in this fiasco. Which is a legally gray area, thus they are “off the hook” but they deserve the level of distrust and disdain they have received. Gawker Media’s reputation is well deserved, but not too sure who would be proud of that.

]]> By: Sagodjur http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184823 Sagodjur Wed, 10 Aug 2011 19:26:00 +0000 http://boingboing.net/?p=112793#comment-1184823 I wish I could go into the past and use this news to save myself all that time I spent trying to read comments on Gizmodo articles that had nothing to do with the iPhone that were flooded with angry fanboys screaming about Gizmodo editors being petty criminals and thieves. I wish I could go into the past and use this news to save myself all that time I spent trying to read comments on Gizmodo articles that had nothing to do with the iPhone that were flooded with angry fanboys screaming about Gizmodo editors being petty criminals and thieves.

]]> By: Andy O'Brien http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184786 Andy O'Brien Wed, 10 Aug 2011 19:00:00 +0000 http://boingboing.net/?p=112793#comment-1184786 ...and ever since, that "Redwood City beer garden" (*cough* http://www.gourmethausstaudt.com/ *cough*) has been a mecca for geeks and beer afficinados everywhere. Long live tech! Long live beer! …and ever since, that “Redwood City beer garden” (*cough* http://www.gourmethausstaudt.com/ *cough*) has been a mecca for geeks and beer afficinados everywhere. Long live tech! Long live beer!

]]> By: hassenpfeffer http://boingboing.net/2011/08/10/charges-filed-in-lost-iphone-4-case.html#comment-1184748 hassenpfeffer Wed, 10 Aug 2011 18:44:00 +0000 http://boingboing.net/?p=112793#comment-1184748 Pfft, that is SO early-2010. Can we please get a non-scandal involving the iPhone 5 prototype? or someone sneaking the Nokia N9 into the US? Pfft, that is SO early-2010. Can we please get a non-scandal involving the iPhone 5 prototype? or someone sneaking the Nokia N9 into the US?

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