You do not address the fact that someone made several attempts to return it without success and the Gizmodo guy did return it.
Also, please cite the statute and case law that supports your position.
You do not address the fact that someone made several attempts to return it without success and the Gizmodo guy did return it.
It's not relevant for lost property. If you attempt to return some lost property to a person (or a company, if you will...) and they say, "It's not ours, don't bother us with it!" -- then you obviously know you don't have the owner of the property, or at least they've told you that they are not the owner.
But, that doesn't make you the new owner now. No, you still have to make some effort at finding the owner. What many people do in a case like this (and I've heard of others doing this, too...), is you contact the police and notify them of some lost property and say that if no one claims it after whatever length of time that they require, then you'll take the property for yourself. Once that is done and if you've not been able to find the owner -- then you can take possession of it.
What you can't do, it take possession of it right now, if you are not the owner. And furthermore, in California, you can't sell lost property. That's illegal (unless you become the owner of it later on, after whatever time the police tell you that you'll have to wait).
In addition to that, if the writer (of that publication) bought the lost property, understanding that it was lost -- he's immediately in violation of that California law and it's a felony, too.
So, it's not going to go well for that writer either ... LOL ...
Also, please cite the statute and case law that supports your position.
See Post #184 ...
BS. Please cite the statute and case law that supports the transfer of title because someone called a 1-800 number.