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Here's how i see it.
#1 The guy who found the phone tried to locate and return the phone to whoever it belonged to. The night he found it, he was able to see a facebook page of the owner, and the next morning Apple had sent a command to wipe the firmware (most likely via MobileMe).
#2 The guy spends the next 3 weeks trying to get apple to take him seriously when he says "i found an iphone prototype, i'm sure you guys want this back, how can i return it to you." When they find this guy, i'm sure he'll have the ticket # to show this, email correspondence to back this up, etc. If he didn't have the foresight to do this beforehand, i'm SURE Gizmodo's counsel advised/forced him to do so before they were given the phone.
#3 Gizmodo acquires the phone. I had to assume that the people working at Gawker Media, and Gizmodo aren't idiots. Once they acquired the phone, i'm fairly certain they spent the next week calling apple (while recording the calls), emailing apple (keeping a copy) send a letter to apple (certified mail), etc.. etc.. So when the hammer drops they've got protection. Also, I assume that Gizmodo's counsel convinced the person they gave money to, that their needed to be a contract explicitly stating that theyre not buying the phone. Only the right to seek out the potential owner(s), the right to report on it, etc, etc.
#4 After 3 weeks of the principle finder attempting to contact apple, and another week of Gizmodo trying to find the potential owner, Gizmodo turned to their primary means of communication; i.e. web blog, to find the potential owner; and they were successful, and they phone I assume is now in Apples possession.
What theyre doing by seizing Mr.Chens computers is looking for any email, correspondence, ANYTHING which makes it clear that he knew it was apples prototype, and that he had one intention, to purchase it.
I highly doubt their going to find that, if it were me; Id ask to see it in person, and if I were convinced; Id immediately bring a lawyer into the room, and lock the doors.
Just my opinion, I could be wrong.
The raid was part of an investigation into the leak of a prototype iPhone that the site obtained for a blockbuster story last week. Now, a legal expert has raised questions about the legality of the warrant used in the raid.
so many terrible posts, assumptions, and retarded people here. whether or not the DA is "in appl'es pocket" is irrelevant. There is the basis and potential for a crime to have been committed, that much is perfectly clear. the only way to investigate this possibility...
your thoughts on apple are meaningless. your thoughts on police are meaningless. your thoughts on THE LAW...are MEANINGLESS. Oh, and ignorance is not an excuse. The police detectives and DA may review the evidence collected and it may exonerate all parties involved and not file charges. this is just the 1st step of an investigation...gather evidence. search warrants are issued all the time that bear no fruit and the cases are sometimes dropped (or put in cold case bin ).
for the record, i largely hate everything apple does, creates, or says. the law, however, is supposed to be blind and doesnt give a shit if the ipad is a huge waste of money.
Explain to me why they needed his bank records?Among the items seized from Chen’s house were four computers and two servers, an iPhone, digital cameras, records from a Bank of America checking account and the printout of an e-mail sent to Chen from Gawker Media Managing Editor Gaby Darbyshire earlier that day
Explain to me why they needed his bank records?
LOL fromt he link by Stevo.
Apple is on the steering committee for the REACT task force that raided Chens house. Formed in 1997, REACT is a partnership of 17 local, state and federal agencies tasked with investigating computer- and internet-related crimes.
Hello @ abuse of authority!!
LOL fromt he link by Stevo.
Apple is on the steering committee for the REACT task force that raided Chens house. Formed in 1997, REACT is a partnership of 17 local, state and federal agencies tasked with investigating computer- and internet-related crimes.
Hello @ abuse of authority!!
Since when is Apple a local/state/federal agency?
It sux that the dude paid 5 large for the thing, to then give it back and have his rigs stoled by the cops and himself getting busted, and now he needs a new front door and possibly a good lawyer if there is any dodgy shit on any of his pc's.
Best 5 grand he has ever spent I bet.
No...5th amendment would protect against that I would imagine.
They violated his constitutional rights as a journalist. There's nothing they can do to him, and well this will give him a great chance at a counter-suit. Hello retirement fund, lol.
I'm interested in whether or not Gizmodo's painfully obvious pro-Apple bias will remain after this entire debacle is played out.
However I do believe you could be held in contempt, and charged with Obstruction.
Hence why you should always use a doulbe encrypted volume.
Sounds like Steve Ballmer was pissed that Gizmodo was running all of the press on the iPhone not the next gen WinMo phones and called the cops
This is pathetic.. what kind of DA would pursue this case and even worse what dumbass judge would approve.