3 ms·

The outcome shouldn't depend whether they had "poor" security anyway. If I leave my front door locked, it might increase the chances I get robbed, but it doesn'

• ipaddr 3mo ago
  [flagged]
  • reluctant_dev 3mo ago
    Ha this is the logic Richard Chase used to enter peoples homes
  • bakies 3mo ago
    No it doesnt, that's still breaking and entering
    • ipaddr 3mo ago
      Trespassing but not breaking and entering.
  • LaffertyDev 3mo ago
    This is not how it works. Even a cursory glance at the law makes it clear that this is not how it works. Here is New York: https://www.nysenate.gov/legislation/laws/PEN/140.20 https://www.nysenate.gov/legislation/laws/PEN/140.20
    • ipaddr 3mo ago
      A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. You need to prove intending to commit a crime.
  • thewebguyd 3mo ago
    No. Unlocked door != legal entry. "Breaking" in B&E doesn't require any physical damage. Pushing open an unlocked door or entering a place without authorization counts. If I leave my home to go to the store, and leave the door unlocked and someone walks in, they are still committing a crime. There are also no tenant protections for criminal intruders, squatter protections require a claim of right like a disputed lease or a holdover tenancy, or continuous possession over many years. Someone that just walks into a residence is an active trespasser and can be arrested for criminal trespass or burglary.
    • ipaddr 3mo ago
      In New York state as long as you don't open the door you can wait out 30 days which give you rights. Walking through an unlocked door isn't breaking and entering at best it's trespassing.
  • solfox 3mo ago
    Laws around breaking and entering date back to WELL before mechanical locks were commonplace or even affordable to residences.
    • ipaddr 3mo ago
      [dead]
  • drowntoge 3mo ago
    Do not try this at homes that belong to other people.
  • victorbjorklund 3mo ago
    That’s like saying it’s not manslaughter if you kill a woman because no ”man” died.
  • iwontberude 3mo ago
    [flagged]
    • tomhow 2mo ago
      We've banned this account. We've asked you several times across multiple accounts to observe the guidelines. You know this isn't acceptable.
      • iwontberude 2mo ago
        [dead]
  • maxwells-daemon 3mo ago
    Funny enough, I had some valuable stuff (including my passport!) stolen from my car, which I'd left unlocked because I was moving some heavy boxes. The police in my area (bay area) said they couldn't really do anything about it because they didn't break a window. I don't know exactly what legal technicalities are involved, but this did actually happen to me in a de facto sense!
    • wildzzz 3mo ago
      That's cops being lazy because they now don't need to write a report for your car insurance to replace the non-broken window. However, your homeowners or renters insurance may cover the stolen items. In general, there's probably nothing to do about stolen items from a car because literally anyone could have done it and it's not like your car was a sterile environment to begin with (millions of fingerprints and pieces of random DNA everywhere). To give them the benefit of the doubt, why should they expel manpower and resources over items that your insurance will replace when those resources could be put to use in investigating violent crimes? Although in reality, even with photographic evidence and location tracking of the stolen items, the cops still probably won't do anything other than write a report unless it's a very slow day.
      • saghm 3mo ago
        Yeah, what this anecdote actually proves is that there's no legal protection against the cops just deciding not to do their jobs.
        • thewebguyd 3mo ago
          The supreme court doubly proved that again recently ruling that the police have no specific duty to protect individuals or even respond for that matter.
• everforward 3mo ago
  Sure, but this is about IP law instead of physical goods. This is like if you left your door wide open, and a neighbor peaked in and told another neighbor about your decor or what posters are on the walls. You didn’t lose anything tangible, but something you wanted to be secret isn’t anymore. Where the balance of blame falls is up to you, but I do think to some degree that if you want to keep a secret and can’t put in the bare minimum effort to even try to protect it then you own some of the blame.
  • thewebguyd 3mo ago
    The difference is there's no laws around your home decor, but there is a clear legal framework around trade secrets. Apple's allegation is that a vulnerability was exploited to access some of the data as well which, if true, carries potential CFAA criminal charges. For trade secrets, it only requires "reasonable measures" even just having an NDA is enough, even if the rest of your security is wide open. Just because someone found a loophole or grabbed files before their access was revoked doesn't make it legal (under trade secrets law). Almost certainly the employees at some point in their tenure at apple signed some duty of confidentiality, or some acceptable use policy, etc. which is grounds enough for illegal misappropriation. "You didn't lock down their access enough" isn't a valid legal defense.
  • nrmitchi 3mo ago
    There are absolutely laws about IP theft. That's why it's called Intellectual Property. You really don't want the law to be "Well you didn't lose a physical thing, so why should it be illegal?"
    • saghm 3mo ago
      > You really don't want the law to be "Well you didn't lose a physical thing, so why should it be illegal?" There are people who feel this way, so it's possible that the parent comment does actually want it to be this. You're 100% correct that this doesn't describe the law right now though, which is what actually matters for this lawsuit.
    • ktallett 3mo ago
• polishdude20 3mo ago
  It just goes to show how Saltman thinks. "If the door is open, it's not my fault I've walked in and stolen all of your stuff!"