Lost iPhone prototype spurs police probe
April 23, 2010 12:11 PM PDT
by Greg Sandoval and Declan McCullaghSilicon Valley police are investigating what appears to be a lost Apple iPhone prototype purchased by a gadget blog, a transaction that may have violated criminal laws, a law enforcement official told CNET on Friday.
Apple has spoken to local police about the incident and the investigation is believed to be headed by a computer crime task force led by the Santa Clara County district attorney's office, the source said. Apple's Cupertino headquarters is in Santa Clara County, about 40 miles south of San Francisco.b
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The purpose of an investigation is to determine whether sufficient evidence exists to file criminal charges. Spokesmen for Santa Clara County and San Mateo County--home to the Redwood City bar--declined to comment.
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Under a California law dating back to 1872, any person who finds lost property and knows who the owner is likely to be but "appropriates such property to his own use" is guilty of theft. If the value of the property exceeds $400, more serious charges of grand theft can be filed. In addition, a second state law says that any person who knowingly receives property that has been obtained illegally can be imprisoned for up to one year.
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The California law ...
CAL. PEN. CODE § 485 : California Code - Section 485
One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.
Police seize gear from Gizmodo iPhone blogger
A computer-crime task force made up of multiple law enforcement agencies searched Gizmodo editor and blogger Jason Chen's house and car in Fremont, Calif., on Friday, according to a statement and search warrant documents provided by Gizmodo.
The warrant, issued by a Superior Court judge in San Mateo County, said the computers and other devices may have been used to commit a felony. Steve Wagstaffe, spokesman for the San Mateo County District Attorney's office, confirmed the warrant's authenticity.
Members of the Rapid Enforcement Allied Computer Team took several computers, hard drives, digital cameras, cell phones and other gadgets, plus Chen's American Express bill and copies of his checks.
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That’s for the guy who “found” the phone. Chen’s criminal liability is more likely related to PC 496, reciving stolen property. Gizmodo has civil liability under the California Civil Code trade secrets act., CC3426.
I somehow think that some of the posters on this thread would take a different view if someone just “found” their car in the parking lot of the local Walgreens, and sold it to Gawker for five large.
But I could be wrong.