Police raid Gizmodo editor's home

Tech Fortune at CNN.com ^ | April 26, 2010 5:37 PM | Philip Elmer-DeWitt

[GladesGuru]

“And something accidentally left behind does not automatically become free for the taking. “

I agree with the above, but the above is neither what I posted, nor what happened.

Remember the attempts to return it and Apple’s response?

[SmokingJoe]

No, the analogy would be some engineer leaves the blueprints for a nuclear trigger on a barstool, the guy that finds them calls a 1-800 number and speaks to someone who doesn't know what he's talking about, and puts them up for sale to the highest bidder, who then posts the blueprints on the internet

And he'd still not have stolen anything.
So far, everything has been Apple's fault, for # 1, leaving something that is supposed to be secret at some bar, so anyone at all could find it, examine it, and check it out, and # 2, not telling their receptionists or telephone people to be on the look out for anyone trying to return such a device.
You leave your product in some bar, then refuse to accept it back when the finder tries to return it, then your product becomes abandoned property. No one stole anything from you.

[longtermmemmory]

not the case here.

They had a bricked phone.

Theft is simply not the crime here. What was the crime the search war. alleged?

[muawiyah]

That was for starters. I am sure Apple's lawyers and designers are mulling this one over.

It's not going to get get easier on the finder, or the guy who photographed the innards!

[GladesGuru]

“Mens rea?” You mean, I know this is a unreleased prototype, so I will pay 5 large for it, take it apart, and post everything on the internet? That mens rea?”

Opening up anything is still legal, once one has color of title.

They did have color of title, given Apple’s acts. Apple DID NOT ACCEPT a legitimate attempt at returning the phone.

[1rudeboy]

This may come as a shock to some people here, but some poor schlub at a call center (maybe someone with flies up his nose in India somewhere) does not have the authority to decide the disposition of Apple property, much less a prototype.

[SmokingJoe]

And hey? That comparison of some new version of some Apple smartphone to “blueprints for a nuclear trigger” is something only an Applebot would come up with. They are not even on the same planet. There is nothing in the Apple smartphone that the Android Desire, Incredible, HTC EVO 4G don't already have.
For one thing, if “blueprints for a nuclear trigger “ went missing, the entire NSA, Secret Service FBI, etc would mount a missive operating to get it back. They sure as heck wouldn't refuse to accept it, when the finder tried to return it, like Apple did.

[muawiyah]

Every state has some dollar value they set regarding bad checks, stolen property and so on where there going to be changes in the penalties imposed after conviction.

This new iPhone device will be sold at a price above the current market for such items. The current top end iPhone, the 32GB1 starts at $2992 ~ a backpack full of those suckers is worth as much as most automobiles!

I get this feeling that the device is in that category of things about which the cops get serious!

[muawiyah]

BTW, I see you've never called the Department of Energy to see what their reaction is when you tell them you've been heating your home with a Davey Crockett Rocket warhead core.

Try that one someday.

[muawiyah]

It’s a $3,000 device ~ your say so about a telephoned “OK” really isn’t good enough. Let’s see your title, or at least the warranty package ~ you did purchase Apple product insurance for it didn’t you? I mean, like what if it breaks then where are you?

[1rudeboy]

You leave your product in some bar, then refuse to accept it back when the finder tries to return it, then your product becomes abandoned property. No one stole anything from you.

Friend of mine stopped-by the other day . . . says he found a M1A2 Abrams in the woods behind his house. Says he called the Pentagon switchboard, and they just laughed. I bought it from him for five thousand bucks. It is now mine. MINE, I tell you!

[SmokingJoe]

It's not going to get get easier on the finder, or the guy who photographed the innards!

Oh rubbish!
It was abandoned property. Anyone could have photographed it when it was left at the bar, and posted it online at some site in in the US or even in Russia or China, and there is nothing Apple could have done about it. The moment you abandon it, and refuse to accept it back, anyone can do whatever the heck they want with it.

[1rudeboy]

And hey? That comparison of some new version of some Apple smartphone to “blueprints for a nuclear trigger” is something only an Applebot would come up with.

Sorry, Dell XPS 16 running an Intel i7 here. Fail.

[SmokingJoe]

Just keep on bringing your insane comparisons of some me-too smart phone to nuclear weapons and Abrams tanks, and you will lead yourself right into the nut house.

[muawiyah]

Right, sure ~ you leave your car in the parking lot. I go over, bust the window, open the door, jack the engine, and give you a call on your 3G device you left plugged in to charge while you were at the bar.

You say "Oh, yeah, sure, you took my car while my back was turned. I'd rather collect on the insurance"

Which is pretty much what I think you'd say after a couple of beers anyway.

That still doesn't give me a good title to your car. Something else is required.

[SmokingJoe]

Naaaah
Fail to you, for even coming up with a comparison of some smartphone to nuclear weapons.

[1rudeboy]

The moment you abandon [misplace] it, and [someone entirely different] refuse[s] to accept it back, anyone can do whatever the heck they want with it.

Legal citation to follow, I'm sure.
/s

[1rudeboy]

Just another example of something that does not belong to you.

[lmr]

I think our cultural obsessions with the latest technological gadget, software or American Idol contestants and Larry’s King’s love life come at the expense of much more important issues. These things are reflective of our collective ignorance and are very unhealthy for us. Rome is burning but the orgy proceeds apace.

[SmokingJoe]

Right, sure ~ you leave your car in the parking lot

Nice try.
Now why don't we just take that further?
You leave your car in parking lot, you pay for use of the parking lot. Your car is under the protection of the guys that run the parking lot. If someone takes your car from that parking lot, that is theft.
On the other hand, you drop a $50 note on the street, someone comes along and sees it and picks it up, that is NOT theft. If the guy tries to return the money, and the alleged ownder refuses to take the money back, it becomes abandoned property, and the money reverts to the guy that found the money.
Get it?