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  • Court Unseals Documents in Gizmodo iPhone Case


    After multiple requests from media outlets, a San Mateo judge just unsealed documents connected to the prototype iPhone that was revealed on Gizmodo last month. Under California law, the papers are supposed to remain sealed for 10 days after a search is completed. The search, however, was on April 23 and the documents have been withheld all this time. The court papers confirm pretty much everything that's been reported on the case, with some interesting - and in many cases, amusing - new details coming to light. In many places, the affidavit reads like the outline of a bad teen summer comedy.

    Robert "Gray" Powell, the Apple engineer who was supposed to have lost the phone, claims he never took it out of his bag. He told the police that it could have fallen out, or have been taken out, but that he was in the bar up until right near closing time, and that whoever had taken the phone couldn't have been there for more than 15 minutes longer. Brian Hogan, age 21, was the guy who found or took the iPhone and sold it to Gizmodo for $5,000, which has been known for some time. One twist that is new is that Hogan was supposed to get an additional $3,500 from "another source," and a bonus on top of that when Apple finally announced the phone.

    This, however, was before his roommate turned on him. Katherine Martinson called Rick Orloff, Apple's director of information security to tell him that Hogan had the prototype, and that he'd already IDed Powell as the owner after finding the Apple engineer's Facebook page still open on the iPhone. According to Martinson, Hogan had said “Sucks for him, he lost his phone. Shouldn’t have lost his phone.” Martinson was scared, according to a police report, because Hogan had user her laptop to try and restore the phone, and thought that Apple would be able to track her down. “Therefore," the police detective wrote in the affidavit, "she contacted Apple in order to absolve herself of criminal responsibility."

    Martinson called the police again just before midnight to warn them that Hogan and their other roommate, Thomas Warner, were getting rid of all the evidence about the iPhone and leaving in two separate cars. The detective wrote that he tracked Hogan down at his father's house and sweated out of him - as he sat on a bed upstairs with his girlfriend - that he had hidden his computer in a church near by. He got both Hogan and his girlfriend to call the other roommate, Warner, to get him to bring the rest of the evidence to the house. Warner finally rolled up at 1am... and was promptly arrested on two outstanding unrelated misdemeanor warrants. After Warner spilled his guts, police recovered the iPhone's ID sticker at a Chevron station, as well a 512MB thumb drive and 1GB compact flash card hidden under a bush.

    The whole drama was presented to the court in order to get a warrant to search Gizmodo editor Jason Chen's apartment. The warrant was issued on April 23, and a number of computers and other property was taken. Police are determining whether Chen can be charged with receipt of stolen property, copying of a trade secret, and destruction of property worth more than $400 (Apple claims Gizmodo's teardown damaged the iPhone).
    This article was originally published in forum thread: Court Unseals Documents in Gizmodo iPhone Case started by Paul Daniel Ash View original post
    Comments 59 Comments
    1. whereswaldo's Avatar
      whereswaldo -
      this is the first real news in the case since it started
    1. lolcats1's Avatar
      lolcats1 -
      Quote Originally Posted by Happy Noodle Boy View Post
      Yeah I too hold a grudge on the one person who actually followed THE LAW.
      Law, and in turn civilization, does not exist to stifle humanity. order held in place by fear only derides our value as a species.

      if we were meant to be creatures of strict order; emotionless, stoic, then why not complete the process. go full on Orwellian. watch out, the thought police are listening.

    1. High_Voltage's Avatar
      High_Voltage -
      Seriously what kind of friend rats on you for having a prototype? If his friend was really a friend, they wouldve at least thought through what they were going to do with it -_-. Like that old movie "Catch That Kid". She got her best friends to help steal money for a good cause. Instead, his friend has to go and report him, sounds pretty messed up if you get what i'm saying.
    1. salemguy06's Avatar
      salemguy06 -
      Quote Originally Posted by shadow25 View Post
      I hope Gizmodo gets charged. They knowingly purchased stolen property, released photos of a trade secret and then dissembled it. What idiots.
      I totally agree. Whether or not you are a fan of Apple's policies or procedures, the phone belongs to them. It should not have been sold or torn apart. It looks to me to be a pretty clear cut violation of the law.
    1. badbrain88's Avatar
      badbrain88 -
      Who cares????

      Go read a book, watch some TV, play a game, visit some friends or family, or have a wank. All more interesting then following this "news" and speculating about boring crap.

      I read this article to see how emotional people get over this, very funny, but sad too.
    1. Bluprint's Avatar
      Bluprint -
      That's the worst case of snitching I ever heard. From a roommate and over a phone too. Wow
    1. johnr9412's Avatar
      johnr9412 -
      Apple needs to chill out! Giz is a freaking awesome group and I don't think it's that big of a deal, but the go crazy about it for no good reason!

      The roomate makes me mad too!
    1. slap690's Avatar
      slap690 -
      I think it's funny that all these law abiding citizens here on this forum are so intrested in JAILBREAKING!!!!!
    1. mortopher's Avatar
      mortopher -
      Quote Originally Posted by elite_jounin View Post
      No your not actually. The three things I hate in this world is a thief, lier, and SPELLING!
      Fixed


      But in all seriousness, do you see the hypocrisy in your statement? You declare that you hate thieves and liars, both of which describe Hogen perfectly; yet you take issue with his roomate that turned him after potentially implicating her in the theft? Could you explain to me how 1 ("snitch") > 1 (thief) + 1 (liar)? You must have an exponential scale of hatred.


      I am curious to see where spelling and grammar fall on that scale of hate!
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by slap690 View Post
      I think it's funny that all these law abiding citizens here on this forum are so intrested in JAILBREAKING!!!!!
      Your point being?

      Jailbreaking is perfectly legal otherwise I would not do it.
    1. lolcats1's Avatar
      lolcats1 -
      No it isnt buddy.
    1. mortopher's Avatar
      mortopher -
      Quote Originally Posted by lolcats1 View Post
      No it isnt buddy.
      Care to cite anything?
    1. Happy Noodle Boy's Avatar
      Happy Noodle Boy -
      Jailbreaking is not allowed or covered by Apple as far as warranty/repairs, but it isn't illegal.

      Stealing a phone then selling it to the highest bidder, in California at least, IS illegal. Seriously, you find a phone in a bar, you take it to the bartender or call back to see if anyone has claimed for it. (which btw, the guy that lost it called multiple times).

      This guy made no attempt to return the property he found, whether it was Apples or someone else. "Finder's keepers" is not a defense and it really saddens me that some of you are actually siding with gawker/giz/this dude. Absolutely pathetic.

      Hell, just about EVERY single aspect of this case is mind-boggling. The "letter" to Apple is basically a textbook definition of extortion, every statement from the guy that "found" the phone can be used against him for a number of counts of felony. It's like they made a long list of things they could do wrong and checked every single one of them.

      Then again, we're talking about Gizmodo, the same "journalists" that got kicked off CES for running around with a TV-B-Gone (universal tv off remote gadget) and turning TVs off in the middle of presentations THEN POSTING IT ON THEIR WEBSITE SAYING "HEY LOOK WHAT WE DID!"
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by lolcats1 View Post
      No it isnt buddy.
      1) No one actually involved in writing JB procedures believes it is illegal. If Apple actually believed it was they would have prosecuted . They know it is not but like to spread FUD.

      2) If you think it is illegal why do you do it?
    1. Kil0111's Avatar
      Kil0111 -
      this is annoying...you ppl who wont give it a rest are annoying...just leave it alone
    1. santacruzlocal's Avatar
      santacruzlocal -
      Does anyone really care?
    1. reanimationxp's Avatar
      reanimationxp -
      Quote Originally Posted by shadow25 View Post
      I hope Gizmodo gets charged. They knowingly purchased stolen property, released photos of a trade secret and then dissembled it. What idiots.
      As far as I'm concerned no "trade secrets" were released here. More capacity, a higher resolution screen, a front-facing camera and a flash do not qualify as "trade secrets". Just upgrades to an already-existing device. Just because Apple goes to great lengths to keep something a secret doesn't mean the law's on their side for some indeterminate amount of damages if it gets leaked.

      If this was the first iPhone to hit the market, sure.. but it's not.
    1. elite_jounin's Avatar
      elite_jounin -
      Quote Originally Posted by paganizonda83 View Post
      Fixed


      But in all seriousness, do you see the hypocrisy in your statement? You declare that you hate thieves and liars, both of which describe Hogen perfectly; yet you take issue with his roomate that turned him after potentially implicating her in the theft? Could you explain to me how 1 ("snitch") > 1 (thief) + 1 (liar)? You must have an exponential scale of hatred.


      I am curious to see where spelling and grammar fall on that scale of hate!
      "Fixed " <--- IT WAS NEVER WRONG

      BTW it's not official weather the phone was stolen, Ever heard of innocent until proven guilty? read about it! Oh yeah I see loyalty is a pet peeve of yours so I wont get in your *** about that one so ummm GOOD DAY TO YOU SIR! LMAO clown..
    1. xXmodxmanXx's Avatar
      xXmodxmanXx -
      why would you disassemble stolen property. (lol.) then post it online!! ha!

      Gizmodo wont be online in 10 days...