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  • "I Underestimated How Good German Beer Is"


    Gizmodo has identified the Apple engineer it says is responsible for losing the fourth-generation iPhone prototype in a Redwood City drinking establishment. Before the phone was remotely bricked by Apple, the person who found the phone reportedly saw the engineer was still logged into Facebook. Despite efforts to return the device, the finder was never contacted by Apple. Interestingly, the account does not mention the acknowledgement from the founder of Gizmodo's parent company that he paid $5,000 for the phone.

    Gizmodo Senior Contributing Editor Jesus Diaz tells the story like this: the phone-finder - who, unlike the Apple engineer, is not named by Diaz - was sitting next to the Apple engineer at a bar on March 18. After the engineer left, a random drunk stranger noticed the phone, which was wrapped in what looked like a normal iPhone 3GS case, and gave it to the anonymous phone-finder. The anonymous phone-finder claims that he hung around in order to wait for the owner to return, passing the time by playing around with the iPhone. Though the phone reportedly crashed three times, the finder continued messing with it and found the engineer's Facebook profile (his final status update: "I underestimated how good German beer is"). Finally, after some time had passed, the phone-finder left, taking the iPhone with him, though purportedly with the plan of returning the phone to its owner.

    The next day, the finder wakes up and can't stop tinkering with the device. He discovers the secret, separating the iPhone from its camouflage, though by now the phone's a fourth-generation brick. He reportedly calls Apple, but nobody buys his story that he's discovered a priceless piece of Apple intellectual property, the result of the kind of a security breach that Apple cracks down on harshly... such as the one that may have led a Chinese worker to kill himself. All he gets for his trouble is a ticket number.

    The story kind of peters out here. All Diaz says is "Weeks later, Gizmodo got it." We don't know what happened in those weeks, but Nick Denton of Gawker Media (the parent of Gizmodo) was willing to tell the Associated Press that he paid $5,000 for the device. Denton said on his Twitter feed that the folks at Gawker were "proud practitioners of checkbook journalism. Anything for the story!" A later tweet derided "a few clueless geeks" who Denton said "believe 'real journalists' wait for Steve Jobs or his publicists to make an announcement. Screw that." Gizmodo's pageviews definitely benefited from the scoop, and most of us found the reveal pretty interesting. However, things may not end here: the Gawker blog Valleywag had offered $100,000 for anyone who would let them spend an hour with the iPad, and got hit with a cease and desist letter from Apple's attorneys. As John Gruber noted earlier today, Apple considers the iPhone stolen, not lost. It's worth remembering that Apple has been historically ruthless in the defense of its trade secrets.

    And the luckless engineer? As of today at least, he was still at Apple: Jesus Diaz called him at his desk in Cupertino to talk about returning the device. It'd be nice if he gets to keep his job. After all, as Diaz says, "it's just a f***cking phone."
    This article was originally published in forum thread: "I Underestimated How Good German Beer Is" started by Paul Daniel Ash View original post
    Comments 56 Comments
    1. Fodd1337's Avatar
      Fodd1337 -
      Quote Originally Posted by Raptors View Post
      ^^ agreed. I'm not buying a bit if this, gizmodo has us all believing when we don't know anything
      If that's true, this will be the most well planned and biggest juke in the history of any company on Earth...
    1. nora47's Avatar
      nora47 -
      apple just confirmed the phone is real.

      A Letter: Apple Wants Its Secret iPhone Back - Iphone 4 - Gizmodo
    1. wolverinemarky's Avatar
      wolverinemarky -
      its just a f****** phone lol is it freaking high he must be a new employee or something I think he should be killed for his attitude or at least make him in charge of picking out Steves turtlenecks and jeans for the rest of his short life lol
    1. adp's Avatar
      adp -
      It's official. Gizmodo just multiplied it's popularity exponentially. It's in the front page of Fox News, CNN...

      FOXNews.com - Is This the Next iPhone?

      Next-generation iPhone found in a bar, blog says – SciTechBlog - CNN.com Blogs
    1. KartRacer's Avatar
      KartRacer -
      Quote Originally Posted by iphone?3gs View Post
      What i dont understand is how stupid this guy is to leave something like this anywhere.... if i worked for apple and i had stevy's lifes work in my hands then i wouldnt take an eye off of it.... Just having that type of authority over me i would know to guard it... and i sure would not go back to apple if i lost it.... you dont know what goes on in cupertino.....
      Because you've never made an honest mistake? How's life where you live? Perfect? You're a coward if you can't admit your mistakes, and you're even worse off if you never show your face again. Part of being an adult is facing your mistakes and learning from them, something you seem to have failed to learn. I like how you think this poor guy owes a debt to stupid Steve Jobs. Steve Jobs in NOT APPLE. Thousands of people work for this company, it's not one man. To act like this guy held his well-being in his hands and possibly ruined it is just plain stupidity like I've never seen before. IT'S A ******* IPHONE! Get over it.

      Gizmodo sunk to an all time low, naming this guy and posting his picture was completely unnecessary. Recieving what could be considered stolen property by California law, paying for something worthless as a prototype phone, and then outing their source. I guess all forms of media are lowlife ******* scum. Anything you can do to get the scoop, anything to be first, anything to beat your competitors. Sure they paid 5k for this stupid *** phone, but they have possibly ruined a mans complete career. **** Gizmodo, **** Jesus Diaz, **** Jason Chen. Lowlife scum. Nothing good can or will come of naming this poor guy or posting a photo of him. They claim 'it could save his job'. They've possibly ruined his reputation and his career. For what? So Jason Chen, Jesus Diaz and Gawker media can have the scoop. **** them. Gawker is officially off my list of daily read websites and from what the internet buzz indicates there are thousands that are doing the same.

      They ruined a career for 5 thousand dollars and a ******* cellphone. Like I said in the other thread, there is no integrity in this world. And apparently no decency.

      This isn't the end of this BS story. There are massive gaps and hopefully criminal charges brought and levied when this is all said an done. All the people mentioned earlier should pay for ruining a career over a cell phone, agreements to name the guy who left it behind or not. Some things just need to be kept quiet, and privacy should be respected. Even if the guy wanted to speak let him do it on his terms, let HIM break the story. They are just trying to make a name for themselves at anothers expense and have seemed to have lost alot of peoples respect because of it. That story may end up costing them way more than 5k.

      Quote Originally Posted by wolverinemarky View Post
      its just a f****** phone lol is it freaking high he must be a new employee or something I think he should be killed for his attitude or at least make him in charge of picking out Steves turtlenecks and jeans for the rest of his short life lol
      I hope you are joking



      EDIT: I like how idiots are saying he 'abandoned' the phone on the barstool.

      abandoned - 7 dictionary results
      a·ban·doned   [uh-ban-duhnd] Show IPA
      –adjective
      1.
      forsaken or deserted: an abandoned building; an abandoned kitten.
      2.
      unrestrained or uncontrolled; uninhibited: She danced with abandoned enthusiasm.
      3.
      utterly lacking in moral restraints; shameless; wicked: an abandoned and dissolute ruler.

      He left it behind ON ACCIDENT if the story is to be believed. Typical journalist ********. Dripping with accusation cleverly disguised as fact. **** the media. As a whole. Only care about the story and not the truth or decency.
    1. Kil0111's Avatar
      Kil0111 -
      help support Powell on Facebook Gray Powell | Facebook
    1. KartRacer's Avatar
      KartRacer -
      Quote Originally Posted by Kil0111 View Post
      help support Powell on Facebook Gray Powell | Facebook
      Fake. He's already changed his name and picture on facebook. Stop spreading this.
    1. Kyle Matthews's Avatar
      Kyle Matthews -
      Quote Originally Posted by wilsongeorge View Post
      raptors already posted this exact story, even with the same photo on member written news
      Quote Originally Posted by Raptors View Post
      hmm yeaa, interesting, How apple Lost next iPhone 4G

      ohh welll thenn, thats fine i guess,
      Yah, except Raptors, like most of the folks who pos stuff in the Member WRITTEN news section, plagiarized - which we cant do. Direct copy paste of someone elses story is laaaaaaaame.
    1. Kil0111's Avatar
      Kil0111 -
      Quote Originally Posted by KartRacer View Post
      Fake. He's already changed his name and picture on facebook. Stop spreading this.
      indeed its fake lol, its a GROUP ...if you read correctly, and im pretty sure jokes are still considered legal on these forums. jackass
    1. Cer0's Avatar
      Cer0 -
      Keep the language proper, this is a PG13 forum.

      Yes they are * out but still.

      And civil, only warning.
    1. KartRacer's Avatar
      KartRacer -
      Quote Originally Posted by Kil0111 View Post
      indeed its fake lol, its a GROUP ...if you read correctly, and im pretty sure jokes are still considered legal on these forums. jackass
      My mistake. I thought you were directing people to his page. Chill out.
    1. Winterboarder's Avatar
      Winterboarder -
      Apple "employee" drops device in unsuspecting bar full of people. Magically ends up at Gizmodo. Gizmodo releases images and some features of this magical device. Bloggers and fan-boys go nuts and Apple saves millions on promoting their product. Apple releases iPhone 4G and everybody rushes to get it.
      Here's the catch: In order to use it you need new micro SIM card. New SIM card comes packaged with RFID. Surprise !!!
      RFID could be in all cell phones by 2010 | Tech News on ZDNet
    1. Kil0111's Avatar
      Kil0111 -
      Quote Originally Posted by KartRacer View Post
      My mistake. I thought you were directing people to his page. Chill out.
      haha im chill dude, just figured another smart'arse'( for the lack of other proper words) was calling me out..but i already forgot about it
    1. KartRacer's Avatar
      KartRacer -
      If Apple sues Gawker they are screwed! I hope they do and take all the liars at Giz down with them, Brian Lam basically lied when he wrote Apple legal back saying he didn't know it was stolen. From a dude, who found it in a bar, that couldn't find the owner, of a phone that didn't look like anything Apple had ever sold, and they paid him 5 grand for it. Yeah. Right. Ruined a guys career for a stupid phone. Something is really fishy about this, this can't all be factual.

      California Uniform Trade Secrets Act section 3426.1 (b)(2)(B)(ii)

      § 3426.1 Definitions:
      (b) "Misappropriation" means:
      (2) Disclosure or use of a trade secret of another without express or implied consent by a person who:
      (B) At the time of disclosure or use, knew or had reason to know
      that his or her knowledge of the trade secret was:
      (ii) Acquired under circumstances giving rise to a duty to
      maintain its secrecy or limit its use;

      also:
      section 3426.1 (d)(1)(2)

      (d) "Trade secret" means information, including a formula,
      pattern, compilation, program, device, method, technique, or process,
      that:
      (1) Derives independent economic value, actual or potential, from
      not being generally known to the public or to other persons who can
      obtain economic value from its disclosure or use; and
      (2) Is the subject of efforts that are reasonable under the
      circumstances to maintain its secrecy.

      3426.3. (a) A complainant may recover damages for the actual loss
      caused by misappropriation. A complainant also may recover for the
      unjust enrichment caused by misappropriation that is not taken into
      account in computing damages for actual loss.
      (b) If neither damages nor unjust enrichment caused by
      misappropriation are provable, the court may order payment of a
      reasonable royalty for no longer than the period of time the use
      could have been prohibited.
      (c) If willful and malicious misappropriation exists, the court
      may award exemplary damages in an amount not exceeding twice any
      award made under subdivision (a) or (b).
    1. smooth22's Avatar
      smooth22 -
      You never know this could be a ploy!

      You never know this could be a ploy from apple
    1. Winterboarder's Avatar
      Winterboarder -
      Gawker Media owns Gizmodo. They have worldwide audience and makes millions. They do have lawyers. If it was in any danger of being sued by Apple they would have not published the pictures. It is a marketing ploy that Apple is using very well.
    1. KartRacer's Avatar
      KartRacer -
      Quote Originally Posted by Winterboarder View Post
      Gawker Media owns Gizmodo. They have worldwide audience and makes millions. They do have lawyers. If it was in any danger of being sued by Apple they would have not published the pictures. It is a marketing ploy that Apple is using very well.
      Then why didn't Engadget run with it or buy it? They seemed to have had the pics first and had the opportunity to buy it first. And if you read what Brian Lam has said all along, he's lying through his teeth and speaking is words that don't admit or deny guilt. 'We didn't know it was stolen when we bought it'. Yeah. right. You buy something that Apple has never shown the public, with all the features that everyone wanted on the new iPhone, you tear it apart to see what's inside and see Apple logos all over it, it identifies itself as Apple property, and you still claim it wasn't known to be stolen? Please. A blind man could see those lies.

      http://gizmodo.com/5520479/a-letter-...et-iphone-back

      He's being coached by their lawyers because they know they are going to catch hell for this. There's no way they can't. It looks like the leaked very secret IP to the internet, that's a huge lawsuit if I've ever seen one.
    1. kaadhareyg's Avatar
      kaadhareyg -
      Seems like the entire **** is arranged by Apple. lol
    1. Faxmonkey's Avatar
      Faxmonkey -
      Quote Originally Posted by KartRacer View Post
      If Apple sues Gawker they are screwed! I hope they do and take all the liars at Giz down with them, Brian Lam basically lied when he wrote Apple legal back saying he didn't know it was stolen. From a dude, who found it in a bar, that couldn't find the owner, of a phone that didn't look like anything Apple had ever sold, and they paid him 5 grand for it. Yeah. Right. Ruined a guys career for a stupid phone. Something is really fishy about this, this can't all be factual.
      How do you figure they ruined his career? The phone was lost a month ago, less than 24 hours later it had been remote wiped. In order to do that, Apple had to know which phone was missing and believe me they knew who had been assigned that phone. That means, that no matter what had been done, nothing would change the fact that this guy lost the phone and his bosses knew it.

      Gizmodo, meanwhile, acquired the phone less than a week ago, meaning that for 3 weeks the other guy had it doing who knows exactly what. The details on this exchange are hazy and all we can do is speculate, but 3 weeks later, you can bet this guy's career was already as damaged as it was going to be by his mistake. Gizmodo can't be said to have played a role in that drama.

      And believe me, if he ultimately loses his job, with or without Gizmodo publishing his name, anyone he interviews with will know. For a high profile job like that, of course their going to check his references and actually give Apple a call.

      Apple had an image of bulletproof secrecy and this whole incident is sort of a blackeye for them. Gizmodo has made Apple look a bit silly, and I'd bet money that's what your real source of anger is. I strongly suspect that you're mad at Gizmodo for making Apple look bad, but masking it with the "outrage" about ruining someones career.

      Also, you're saying he "lied" when he said he didn't know it was stolen, but of course that's not a lie. Nobody is sure if it was stolen even as of now, how the heck could it have been known back then Apple wouldn't comment and Gizmodo only had one side of the story about the phone's origins? Apple's position is that it was stolen, apparently, and Gizmodo's position is "The guy we got it from told us he found it on a bar stool and called you guys and was given the run around."

      My guess is that both are probably true. Apple probably figures it stolen by virtue of the fact that it hadn't already been returned to them (even though they hadn't acknowledged that it was theirs). Moreover, I suspect that the story about calling up Apple and claiming to have found one of their lost prototype phones is probably true. I have no doubt that nobody on the other end of the line would be privy to the information that prototype was indeed missing and without such knowledge would probably never believe such a claim by a caller. It's just different perspectives of the same events, and Gizmodo is hedging their bets by saying "We don't know what happened, but here's your phone back."

      He's being coached by their lawyers because they know they are going to catch hell for this. There's no way they can't. It looks like the leaked very secret IP to the internet, that's a huge lawsuit if I've ever seen one.
      FYI, if you'll pay close attention to the bit of legal jargon posted here earlier, you'll notice that in order to be sued for revealing trade secrets you have to have been ENTRUSTED with those secrets for the purpose of protecting them. Finding a phone on a bar stool, I'm afraid, simply doesn't count. If KFC accidentally mails me a copy of their 7 secret herbs and spices, there's no legal reason why I can't tell everyone I know. If I'm a KFC executive, on the other hand, that's when I'm going to face legal repercussions.
    1. Winterboarder's Avatar
      Winterboarder -
      The details of how and who stole what is just pixie dust thrown in our eyes. Fact is that the majority of iPhone users don't read newspapers. They read blogs. The most effective marketing in mobile marketing is not through official channels like TV and Print. Just by us discussing it and going back and forth about the pixie dust we are creating the advertising for them. There are millions of pages in all languages debating the new iPhone. We are the target audience and Apple is not spending a dime promoting the iPhone to grandma who doesn't care about it.

      If anyone remember last years rumor mills started about a month or so before the 3GS launch. How many fake 3GS pictures were pumped into blogs? Apple creates this fever pitch and we're debating their product at 1:30 AM.