Tuesday, April 27, 2010

The Great iPhone 4G Scandal

Gray Powell, an engineer for Apple, loses his prototype iPhone 4G in a bar. By now we all know how this story goes, and if you don't click here. Some guy finds it and sells it to Gizmodo (Jason Chen), who dismantles it in an attempt to reverse engineer the thing, take pictures and videos and posts them on his blog. Honestly, I don't know if in the same position, if I would not have taken advantage of the situation, but I would have done things much differently than Jason Chen from Gizmodo did. I'm also smart enough to know that their would or could be consequences and I'd have to be prepared to deal with them.

1. I got Apples baby, they are gonna want it back. Thus, the legal notice from Apple to return it. Jason did. So would I.

2. I would not have posted the engineers name who mistakenly lost the phone. That was just plain stupid. People like Mr. Powell are what make the iPhone what it is. Without him and others like him, we would not have iPhones or iPods, or iPads. Think about it. Now, this prototype is not released to the public yet, and most likely for a reason. It could be as simple as marketing strategy or the damn thing is not finished! In fact, the 4.0 OS is still in Beta. Either way, if an Apple employee is gunning around town with it, I bet ya it comes with some kind of "non-disclosure legality" that Mr. Powell would have had to agree too. By posting his name as the one who lost it could mean his job. That is huge. I don't know Mr. Powell, but he may have a wife and children that depend on his job. Think about that Mr. Jason Chen.

3. Got a surprise warrant to search my home and seize 4 computers and 2 servers, and bunch more other stuff. Come on, like you didn't know that was going to happen? Oh wait a minute, you did think it could happen or you would not have an email you printed and kept on your person from Chief Operating Officer and Legal Representative of GAWKER Media LLC (Gizmodo's parent company, and may have fronted the $5K for the stolen iPhone 4G) Gaby Darbyshire claiming that the warrant is invalid by invoking California Penal Code Section 1524 and California Evidence Code Section 1070, seriously?!?! The email was sent to you and San Mateo Police before the raid on your home, so you knew something might be up. Maybe that is why you weren't home? Thinking they would not do anything if you were not there. Guess they broke down the door anyway. And when you got home you conveniently had the email printed out and in your pocket to present to the Police. The funny thing I can't figure out is how your lawyer knew you had a warrant out before you did? Either way, you might want to take a look at California Penal Code Section 496. In short it states every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year. There is more to it, I suggest you read up on it.

Gizmodo bought stolen equipment, and Jason Chen knew it was stolen, which in and of itself is a crime. Deal with it Jason, I'm sure there is more to come for you. But seriously, I hope this is not you in the near future:

Good Luck man!

***Click here to see a copy of the warrant***

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