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Thread: Court Unseals Documents in Gizmodo iPhone Case

  1. #1
    MMi Staff Writer Paul Daniel Ash's Avatar
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    Default 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).
    Last edited by Paul Daniel Ash; 2010-05-15 at 02:22 AM.

  2. #2
    the apple employee got his iPhone ripped from his bag OR he was just really drunk.

  3. #3
    Green Apple smr891's Avatar
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    Get a life apple

  4. #4
    Yay! More drama! Just announce the damn phone already lol

  5. #5
    What hilarious is that the Apple employee claims he never took the phone out of his bag but there is clearly a facebook post during his time there from said phone. Am I missing something?

  6. #6
    " After Warner spilled his guts, police recovered the iPhone's ID sticker at a Chevron station, and a 512MB thumb drive and 1GB Lexar compact flash card under a bush."

    This is the part that's puzzling to me. What the heck was on them? And how do you dispose of an I'd sticker like that?

  7. #7
    Livin the iPhone Life mortopher's Avatar
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    Quote Originally Posted by ACoolGuyTX View Post
    What hilarious is that the Apple employee claims he never took the phone out of his bag but there is clearly a facebook post during his time there from said phone. Am I missing something?
    That was my first though as well. Also, if he never took the phone out of his bag how did Hogan know it was there? I mean I just don't see how the one person who had his phone stolen at the bar that night just so happened to be (more than likely) the only one there with a 4th gen prototype.

  8. #8
    Hmmm...The puzzle gets deeper and deeper.

    With more and more information, it looks like this guy who "found" the phone was looking to cash in on it.

    All that I will say is that this is not looking so good for Gawker Media and Chen at this point.

  9. #9
    iPhone? More like MyPhone slap690's Avatar
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    Martinson and Warner sound like a couple of friends i'd really want around! If I had a job at apple I'd be saying it had to of fallen out of the bag to!

  10. #10
    iPhone? More like MyPhone
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    Quote Originally Posted by NCMacMan View Post
    Hmmm...The puzzle gets deeper and deeper.

    With more and more information, it looks like this guy who "found" the phone was looking to cash in on it..
    lol no sh*t?

  11. #11
    iPhone? More like MyPhone ForumSnoBorderRK's Avatar
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    just read the whole pdf.

    how insightful. truly the works of trade secrets at its best. this is where the constitution deciphers certain laws a little too vague. (i.e. journalist laws and where/how they come into play to effect the situation.)
    if you can, please [thank] me if i helped you or you liked what i said! :]

  12. #12
    Just show the phone already and let the complaining began

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  14. #13
    I mean I have heard of speaking before you think. But typing a post with out thinking is a hole new level.

  15. #14
    What a stupid picture for this article.

    Everyone assumes he updated his facebook via the iPhone 4G. What if he used his personal iPhone to update it? You might say "But the 4G iPhone had his facebook" No ****, because it saves login. My facebook is on my 3GS and my 3G. There were claims that it was open when they found the phone, but the "finder" doesn't seem too trustworthy to me.

    The guy who "found" it sounds like a piece of ****. He knew he commited a crime, and was hiding evidence.

    I hope Gizmodo gets charged. They knowingly purchased stolen property, released photos of a trade secret and then dissembled it. What idiots.

  16. #15
    all this over a dam cell phone. Could you ever see this back in the day of the old nokia candy bar phones with monochrome screens ? ""what wil be next in cellphones will we ever be able to have a song as a ringtone?"" seriously i hope gizmodo burns over this. its without a doubt recieving stolen property and im glad apple is claiming their teardown ruined the phone cause they arent apple techs just some morons with a website NO amount of freedom of the press crap will save is stupid *****.
    wishes he could afford a macbook

  17. #16
    Prototype iPhone in a bar, not a good idea.

  18. #17
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    if only this much effort is spent on a missing persons case. waste of time and money for a phone that don't even works

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  20. #18
    Retired Moderator Cer0's Avatar
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    Please stay on topic and refrain from insulting others. Any more will result in infractions.

  21. #19
    Am I really the only one here that holds a grudge against the roommate that turned him in because she was scared her laptop would be tracked by Apple? Really?

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  23. #20
    Interesting. Sounds like the true criminal here is the guy who "found" or perhaps stole the prototype. Was Gizmodo shady? Yeah, they were. But did they steal it? No, Apple is just doing what they always do: Sue everyone and anyone for anything they possibly can, and try to get people in trouble with the law. Look at their ongoing cases with Nokia, HTC, etc. This is all stupid litigious nonsense.

    I'd like to see this much effort put into other criminal matters, rather than a company crying over a cell phone. Sounds kind of silly when put that way, doesn't it?

    Quote Originally Posted by sangredegrillo View Post
    Prototype iPhone in a bar, not a good idea.
    Thank you.
    And it will be like a taco inside a taco within a Taco Bell that's inside a KFC that's within a mall that's inside your dream!

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