5 ms·

Hmm. So you can't buy or sell lost property, but there's nothing to say you can't carefully examine and photograph something you found before you return it to i

by hugh3 17y ago

Hmm. So you can't buy or sell lost property, but there's nothing to say you can't carefully examine and photograph something you found before you return it to its rightful owner. So if the finder had taken it to Gizmodo and offered to let them take a look at it for $10,000 then he'd be in the clear, but if he actually sold it to Gizmodo then he's in serious trouble.

maxharris 17y ago
Gizmodo is in pretty serious trouble, too. They knew what they were paying for (they have expertise in these things - they can't just claim they bought the thing off of Craigslist), and I wouldn't be surprised if someone at Gizmodo ends up in jail over this. Apple has the same right to their property that you have to your own private property because Apple is just a voluntary association of employees and shareholders. Their individual rights give rise to Apple's rights. If someone stole something you made, like your private journal and plastered it all over the Internet, you'd be livid, and the perpetrator should go to jail (how long is for the courts to decide). For that same reason, whoever was involved with this at Gizmodo belongs in jail (again, how long is a judicial matter).
- tel 17y ago
  Before anyone goes to jail, Apple needs to publicly admit that this is their device. Current analysis seems to suggest strongly that it is, but it'll be interesting to see if they admit it.
  - Anon84 17y ago
    Or they can just wait until it's released, and then press criminal charges.
- jonknee 17y ago
  No one will go to jail. This is the highest profile leak of the kind, but prototypes get shown online all the time against company wishes. It's usually a lot more shady than finding it a bar too--Apple would be a lot more concerned if their supply chain was compromised.
  - anigbrowl 17y ago
    I am not so sure about that. A number of things make this case quite different, such that it may violate federal criminal statutes in multiple ways. The effects might spread beyond Gizmodo, at that. Gizmodo offers (some) more details... http://gizmodo.com/5520438/how-apple-lost-the-next-iphone http://gizmodo.com/5520438/how-apple-lost-the-next-iphone ...while Gawker Media head honcho Nick Denton seems to confirm they bought the thing... http://twitter.com/nicknotned/status/12474394397 http://twitter.com/nicknotned/status/12474394397 Either their lawyers are no good or they didn't bother to check with them in advance, or they would have been told about their (federal) criminal liability under the economic espionage act of 1996, which can result in prison for up to 10 years, or fines of up to $5m for the organization. Seriously - there is not much room for interpretation here: http://www.law.cornell.edu/uscode/18/usc_sec_18_00001832----000-.html http://www.law.cornell.edu/uscode/18/usc_sec_18_00001832----... Edit: Gizmodo is in SF, not NY. D'oh. I am not a lawyer. Edit: Apple already sent a cease-and-desist letter in January to Gawker Media, warning them they were inviting a violation of California Trade Secrets law. http://gawker.com/5448177/update-apple-wins-the-first-prize-in-our-tablet-scavenger-hunt http://gawker.com/5448177/update-apple-wins-the-first-prize-...
    - jonknee 17y ago
      I'll let the lawyers sort that out, but I don't think Apple wants to take the PR hit of sending a blogger to jail for taking pics of a gadget that was left in a public place. It didn't even have a material effect on stock price, Apple will have a hard time proving anything but an ego was hurt. I could be way off base, so if Denton get hauled odd to jail feel free to reply and get in your kicks.
      - ZachPruckowski 17y ago
        Apple has filed lawsuits based on much less[1] and was willing to take the PR hit for it. I'm aware the circumstances are different, but Apple's obsession with secrecy has led it to take PR hits before. [1] - http://www.eff.org/cases/apple-v-does http://www.eff.org/cases/apple-v-does

by hugh3 17y ago

maxharris 17y ago

Gizmodo is in pretty serious trouble, too. They knew what they were paying for (they have expertise in these things - they can't just claim they bought the thing off of Craigslist), and I wouldn't be surprised if someone at Gizmodo ends up in jail over this. Apple has the same right to their property that you have to your own private property because Apple is just a voluntary association of employees and shareholders. Their individual rights give rise to Apple's rights. If someone stole something you made, like your private journal and plastered it all over the Internet, you'd be livid, and the perpetrator should go to jail (how long is for the courts to decide). For that same reason, whoever was involved with this at Gizmodo belongs in jail (again, how long is a judicial matter).

tel 17y ago
Before anyone goes to jail, Apple needs to publicly admit that this is their device. Current analysis seems to suggest strongly that it is, but it'll be interesting to see if they admit it.
- Anon84 17y ago
  Or they can just wait until it's released, and then press criminal charges.
jonknee 17y ago
No one will go to jail. This is the highest profile leak of the kind, but prototypes get shown online all the time against company wishes. It's usually a lot more shady than finding it a bar too--Apple would be a lot more concerned if their supply chain was compromised.
- anigbrowl 17y ago
  I am not so sure about that. A number of things make this case quite different, such that it may violate federal criminal statutes in multiple ways. The effects might spread beyond Gizmodo, at that. Gizmodo offers (some) more details... http://gizmodo.com/5520438/how-apple-lost-the-next-iphone http://gizmodo.com/5520438/how-apple-lost-the-next-iphone ...while Gawker Media head honcho Nick Denton seems to confirm they bought the thing... http://twitter.com/nicknotned/status/12474394397 http://twitter.com/nicknotned/status/12474394397 Either their lawyers are no good or they didn't bother to check with them in advance, or they would have been told about their (federal) criminal liability under the economic espionage act of 1996, which can result in prison for up to 10 years, or fines of up to $5m for the organization. Seriously - there is not much room for interpretation here: http://www.law.cornell.edu/uscode/18/usc_sec_18_00001832----000-.html http://www.law.cornell.edu/uscode/18/usc_sec_18_00001832----... Edit: Gizmodo is in SF, not NY. D'oh. I am not a lawyer. Edit: Apple already sent a cease-and-desist letter in January to Gawker Media, warning them they were inviting a violation of California Trade Secrets law. http://gawker.com/5448177/update-apple-wins-the-first-prize-in-our-tablet-scavenger-hunt http://gawker.com/5448177/update-apple-wins-the-first-prize-...
  - jonknee 17y ago
    I'll let the lawyers sort that out, but I don't think Apple wants to take the PR hit of sending a blogger to jail for taking pics of a gadget that was left in a public place. It didn't even have a material effect on stock price, Apple will have a hard time proving anything but an ego was hurt. I could be way off base, so if Denton get hauled odd to jail feel free to reply and get in your kicks.
    - ZachPruckowski 17y ago
      Apple has filed lawsuits based on much less[1] and was willing to take the PR hit for it. I'm aware the circumstances are different, but Apple's obsession with secrecy has led it to take PR hits before. [1] - http://www.eff.org/cases/apple-v-does http://www.eff.org/cases/apple-v-does