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  • Investigation into Gizmodo iPhone 4 Case Almost Finished


    Not only did the investigation into the Gizmodo iPhone 4 leak last well past the actual launch of the iPhone 4, it's come pretty close to lasting until the release of the iPhone 5. But word broke late this week that the seemingly unending investigation into what really happened with the iPhone 4 leak may finally be drawing to a close. San Mateo, California district attorney Stephen Wagstaffe admits the case may actually conclude in early April. Investigators scouring through loads of information and interview testimony will then turn over their findings to Wagstaffe.

    For now, all we know (or think we know) is that last year an Apple employee working on the forthcoming iPhone 4 mistakenly left a prototype of the device at a bar while partying it up for his birthday. Subsequently, the device was located and identified by a local college student who allegedly employed back-channel communications to sell the device to Gizmodo for $5,000 (see leaked image from Gizmodo posted above).

    All along, of course, something has appeared fishy about the supposedly leaked iPhone 4 debacle. And although it isn't clear if we'll ever get all the gory details, it does appear certain that Steve Jobs' summary of the controversy at last year's All Things D conference was spot on: "So this is a story that's amazing: it's got theft, it's got buying stolen property, it's got extortion, I'm sure there's some sex in there. The whole thing is very colorful. The DA is looking into it, and to my knowledge they have someone making sure they only see stuff that relates to this case. I don't know how it will end up."

    Source: CNET
    This article was originally published in forum thread: Investigation into Gizmodo iPhone 4 Case Almost Finished started by Michael Essany View original post
    Comments 44 Comments
    1. steve-z17's Avatar
      steve-z17 -
      This case should have been dropped a long time ago! The iPhone 4 is out now, who cares about a prototype the guy picked up? He even tried returning it to Apple, but they didn't want to do anything with it. Just let it go.
    1. bruinsrme's Avatar
      bruinsrme -
      I wonder how many resoures and tax payers dollars have been wasted on this. The taxpayers of California must be celebrating the annoucement of the conclusion of the case.
      Next case of the DA, did Fito urinate on Mrs. Boxer's tire?
    1. Tizocman's Avatar
      Tizocman -
      Failure to return a lost item is considered theft it is in oregon not sure about cali but i dont see anyother reason there would be theft... and on the sex thing maybe gizmodo paid a hooker to "distract" the employee from apple????
    1. iNT3Rv3NTiONZz's Avatar
      iNT3Rv3NTiONZz -
      Quote Originally Posted by Chityuulay View Post
      how it is theft ? the guy left it behind? the most is LOST PROPERTY! THEN if it is not Theft then NOT Stolen Property!
      Really? You cant see that keeping stolen property IS theft? Lol....


      Sent from my iPhone using ModMyi
    1. hitman10's Avatar
      hitman10 -
      lol no way did he contact apple if he did to let them know.. n they kindly told him to GTFO, man what else are you supposed to do? n if that is the case. It will never hold up in court.
    1. CynicalDriver's Avatar
      CynicalDriver -
      Theft, sex, extortion, prototype iPhone... Sounds like a Jason Statham movie for nerds.

      Look, it's not about whether Gizmodo gave the phone back. It's about the fact that they waited to make that offer until after they had:
      •Paid someone to obtain it.
      •Collected photos of it.
      •Tried to use it.
      •Posted it online.
      •Talked, online, about possibly doing a teardown.

      Yes, the iPhone 4 is a runaway success. Stop to think though, how many people outside the "Apple Field" decided to NOT buy an iPhone 3Gs, solely because they saw these Gizmodo articles (which were discussed virtually everywhere in the blogosphere) and the pictures. That's a direct loss of revenue, because (keep in mind, this is corporate bean-counter thinking) "There had to be a lot of people who went with an Android phone because they couldn't wait, and didn't want something that was going to be out of date in 3 months."

      We all know AT&T still sells the (soon to be obsolete, not just out-dated) iPhone 3Gs. There are people who will buy one today, oblivious to the fact that they are buying a phone which will be utterly useless in far less than their two year contract. AT&T doesn't tell people to wait, they tell them "buy now, while it's cheap."

      WE all know that it's stupid to buy a 3Gs right now, we even know it's a little less than sane to buy an iPhone 4 right now. WE know Apple, and expect at least a minor update in June. EVERYONE ELSE, does not.

      It's a "lost revenue" claim...

      In reality, all those people who held off, bought iPhone 4's and contributed to it's massive popularity.


      Sent from my iPhone using ModMyi
    1. Chityuulay's Avatar
      Chityuulay -
      Quote Originally Posted by iNT3Rv3NTiONZz View Post
      Really? You cant see that keeping stolen property IS theft? Lol....


      Sent from my iPhone using ModMyi
      Really? did you return every pennies u pick up on street? i mean i just used pennies as just example. or probably u never pick anything up from street? or always returned them? really?
    1. TheJailbreakGenius's Avatar
      TheJailbreakGenius -
      Quote Originally Posted by Chityuulay View Post
      Really? did you return every pennies u pick up on street? i mean i just used pennies as just example. or probably u never pick anything up from street? or always returned them? really?
      Pennies are a bad example, because they are government property, and the pennydropper never owned it in the first place.
    1. IXAdamOwnzXI's Avatar
      IXAdamOwnzXI -
      Quote Originally Posted by TheJailbreakGenius View Post
      Pennies are a bad example, because they are government property, and the pennydropper never owned it in the first place.
      Really? So if someone drops a wad of 20s and you take it the cops will agree that your right because the money was never their money? You stupid?
    1. TheJailbreakGenius's Avatar
      TheJailbreakGenius -
      Quote Originally Posted by IXAdamOwnzXI View Post
      Really? So if someone drops a wad of 20s and you take it the cops will agree that your right because the money was never their money? You stupid?
      True, lol. I am stupid. What was I thinking?
    1. CynicalDriver's Avatar
      CynicalDriver -
      Quote Originally Posted by Chityuulay View Post
      Really? did you return every pennies u pick up on street? i mean i just used pennies as just example. or probably u never pick anything up from street? or always returned them? really?
      Nobody cares about pennies!

      This is a $700 phone, not some change that rolled under the soda machine, or that was left in a pay-phone.

      Let's use a wallet as an example:

      You find it.
      You discover cash, and an ID.
      You contact the owner...

      Which answer do you give?

      "There was no money in it."
      Or
      "There's $*** in it."

      I'd be willing to bet, you would take the money and throw the wallet in the trash. Never mind the fact that the owner now has to replace the ID, cancel all the credit card, wait for new ones, and try to make sure no purchases were made.

      They obtained property that did not belong to them, worse, they paid $ to obtain it. It's theft, and receiving stolen property for Gizmodo. It's theft, and selling stolen property for the "college kid."

      The guy who found it, should have reported it to the police, and waited the 30 days, then it would have been legally his to sell. Otherwise, he could have just went to Gizmodo to show it to them, and maintained possession until Apple claimed it, that way all the articles could have still been written, but no theft.

      You can sell the story, not the object.


      Sent from my iPhone using ModMyi
    1. politicalslug's Avatar
      politicalslug -
      The stolen iPhone caused Apple to lose millions on 3GS sales. If anything, the PS3 jailbreak caused Sony to gain sales. Totally different and Jason Chen should be tossed in jail and sued until he and and Gawker are bankrupt and tossed out on the street.
    1. hollow0's Avatar
      hollow0 -
      Quote Originally Posted by Chityuulay View Post
      how it is theft ? the guy left it behind? the most is LOST PROPERTY! THEN if it is not Theft then NOT Stolen Property!
      I hope one day you park your car and leave your keys in it and forget where you parked it. i'll get in it and sell it to someone for $$$$.

      Quote Originally Posted by Xadamx1 View Post
      Actually if you remember before he sold it he called and emailed apple several times. They wanted nothing to do with it.
      That was a lie.

      Quote Originally Posted by donkeykongking View Post
      What a durp for the American justice system, let's worry about a prototype iPhone 4, which has become a huge success since this story, for a whole
      Year, WTF, worry about people who deal drugs and kill people, not people who leak an effin cell phone
      Property is property and if it's stolen you deal with the consequences. Doesn't matter how much they made on the device once it was released. They also lost sales prior to that because it was leaked and people were waiting for it.

      But maybe they should take your advice. I'm sure you wouldn't be upset if someone took your phone and sold it.
    1. RICO_'s Avatar
      RICO_ -
      If Apple thinks winning this case is gonna stop people from leaking future iPhone photos/specs......good luck!
    1. iNT3Rv3NTiONZz's Avatar
      iNT3Rv3NTiONZz -
      Quote Originally Posted by Chityuulay View Post
      Really? did you return every pennies u pick up on street? i mean i just used pennies as just example. or probably u never pick anything up from street? or always returned them? really?
      You pick up pennies off the street? :s
      But what your saying is beside the point, no i cant honestly say i dont do it but that doesnt make it not stealing! Seriously read what you just wrote its completely wrong! Just because you do something doesnt make it right!
    1. The Amazing Atheist's Avatar
      The Amazing Atheist -
      Let's not cry over spilt milk.

      Jobs learned a lesson that day: never let irresponsible people play with their prototypes.


      Sent from my iPod touch using ModMyi
    1. Sticky111's Avatar
      Sticky111 -
      Quote Originally Posted by Chityuulay View Post
      how it is theft ? the guy left it behind? the most is LOST PROPERTY! THEN if it is not Theft then NOT Stolen Property!
      I'm not 100% positive of california's laws but it has something to do with found property and reporting it. in New York, founders keepers, unless of corse there a drivers license in it, but people will basically just toss that **** in the sewer
    1. yelow13's Avatar
      yelow13 -
      For your information, the finder of the iPhone actually tried multiple times to return it to the owner... and then it was remotely bricked, rendering it useless anyways, whether or not the owner got it back.
    1. Rob2G's Avatar
      Rob2G -
      Quote Originally Posted by politicalslug View Post
      The stolen iPhone caused Apple to lose millions on 3GS sales. If anything, the PS3 jailbreak caused Sony to gain sales. Totally different and Jason Chen should be tossed in jail and sued until he and and Gawker are bankrupt and tossed out on the street.
      You mean the iPhone 4 gizmodo payed $5000 out of their pockets for so they could take pictures for the site, the one they offered to give back without any reimbursement along as apple acknowledged it was their prototype iPhone? It was a simple question, "Is this yours?" and Apple wouldn't say yes or no, instead they just used their money to make some peoples lives a living hell. Giz did nothing wrong, the iPhone 4 leak cost apple money...Yes, but it saved people who didn't know a new iPhone was coming from signing a new 2 year contract to get "last years model". Apple took this way to far. For you to say Jason Chen and gawker should be punished to the point of poverty is horrible. I think your post was in the top 5 dumbest post I have read this year.

      BTW all the hype from the leaked iPhone 4 images and news contributed to the iPhone 4 selling over a million devices the first weekend.

      Quote Originally Posted by hollow0 View Post
      I hope one day you park your car and leave your keys in it and forget where you parked it. i'll get in it and sell it to someone for $$$$.
      You had to get inside of his car (Unlawful Entry) to take it, The Dumbass with the iphone 4 prototype left it at a bar.

      Quote Originally Posted by hollow0 View Post
      That was a lie.
      How The **** do you know it was a lie?

      Quote Originally Posted by hollow0 View Post
      Property is property and if it's stolen you deal with the consequences. Doesn't matter how much they made on the device once it was released. They also lost sales prior to that because it was leaked and people were waiting for it.
      So its okay for an Apple store employee to sell you a iphone knowing that in a month The New Better model is coming out for the same price, and not let you know? Apple did not suffer from this at all. They made so much ******* money off all this iphone 4 leak ****. I bet they sold more iphone 4s then they lost in 3GS sales

      Quote Originally Posted by hollow0 View Post
      But maybe they should take your advice. I'm sure you wouldn't be upset if someone took your phone and sold it.
      If he left his ******* phone in a bar then ignored calls and emails to return it then its his fault it got sold, Im Positive if he lost his phone then the person who bought it called him and said they would give it back for free and take the loss on the price they payed for it, and all he had to was sign a statement saying it was his property He would just sign the damn receipt and get his ******* phone back.


      Did you think before you posted, or did you just type the dumbest ******* things that came to mind first?
    1. The Amazing Atheist's Avatar
      The Amazing Atheist -
      If you find an expensive device, you should take it to the police station.

      For the "slow minded" people, I'll clear things up for ya.
      One it was a LOST IPHONE case. The guy left it in a place it shouldn't have been and therefore lost it. It turned into a STOLEN IPHONE case when gizmodo took it and started toying with it without taking it to the police.

      Now...if apple got the iPhone back, I don't see anything more to do with this case. If they didn't then I would start getting some legal stuff going on, but an iPhone isn't something to tie our courts around. As I said in my earlier post, apple learned not to let irresponsible employees play with their prototypes.