Gizmodo Editor's Equipment Finally Being Searched

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133794m3r

so i say he has it coming. He essentially paid for a "lost"(stolen), so he has all of this coming to him. He chose to report on it, HE decided to not report the guy who had it to the police HE decided to not give it back to apple or report the person who had it. It's his fault and i think he should be charged to the full extent of the law for buying stolen goods(it might as well been because let's be honest he bought something from a guy who TOOK something that wasn't his).

He knew FULL WELL what he was getting into when he bought it. If he had stolen the new iPhone from the guy himself or was the person who "found" it at the bar this wouldn't even be debated right now he'd be in jail. He's also a moron for thinking that a law that protects journalism protects him. He's a blogger and nothing more as others have said. His articles are just links to other sites most of the time. Also if he was able to get away with that, that means i should go out find some new product from a well-known company then post all sorts of news about it. And claim i didn't "steal" it from the person. Yep i'll go do that right now with some crack cocaine because i need to write a report about this new straned that i had to go buy and then use.

I hope he gets carried off to jail and locked away for a couple years. It'll teach him a lesson for thinking he's immune to the laws of this world.

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tkid124

According to href="http://gizmodo.com/5524843/police-seize-jason-chens-computers the team that did the raid had rapid in their name. Not to mention Computer. This guy is a tech editor, by taking his computers, they took his livelihood, could some office intern not have come up with the idea to hook all of the computers up to one of their servers and copied all of that data on over off of his computers onto their computers.

I know that this requires some though in what has been an over zealous prosecution of what might have been a broken law, but waiting a month before they search the device, they can take their sweet time with the investigation  for more pressing crimes, but to hold his equipment hostage seems very dumb.

One would think those investigating computer crimes could know how to backup data and give the equipment back to their victim, I mean suspect.

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Travis Penner

Seriously, this is beyond ludicrous!  Apple got their phone back, and publicity on their new phone for FREE.

 Yet Johnny Law still wants his pound of flesh and is stealing this guy's electronics for their own nefarious deeds.  Is apple paying someone to harrass this guy?  Is the judge in bed with apple?  WTF is going on here?  This is just too ridiculous to believe.

Travis

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michaelnomad

Please, the person comparing this to a reporter murdering somebody is just silly.

 The jornalist is a tech reporter, and this was pretty big story. He wanted to break a big story. If he really wanted to steal the phone, then he wouldn't post a big story about it. It's not hard to see what his intentions were, and the only borderline non-ethical thing that he did was to give the guy money. He could have just taken pictures of the disected phone without actually buying it, and he wouldn't have done anything illegal. Instead he bought it and Apple got it back... eventually.

 

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avenger48

In soviet california...police steal from you.

Seriously though, I think it is frankly ridiculous that the police can effectively steal everything in someone's house and keep it for 2-3 months, while violating laws based on the constitution, and get away with it. What ever happened to the fourth (search and seizure) and fifth (due process) amendments?

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jraktal

In California, it is incumbent on the finder of a lost good to resonably try to find the owner if possible, if not hand it over to the police. if this does not happen it is considered stolen in the state of California, Jason bought a stolen item, therefore trafficking in stolen goods.

 it gets nasty as the good he purchased has generated ad revenue etc etc.......

this was not a whistleblower case, this is a case of cororate one upmanship.

______________________________________ 

There is no peace at the gate.

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avenger48

Yes, but they returned the phone when asked by Apple.  Sure there was a leak, but if you're trafficking stolen items back to their owners, it shouldn't be a crime.  Sure they gained money from it, but that's simply capitalism, isn't it?

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eday_2010

I don't see why the shield law would apply here. This Chen guy is not a journalist; he's a blogger. As such, I don't think the shield law should protect anyone from a crime. In this case, buying something they knew did not belong to the seller.

 I'm not fan of Apple, but because of how Gizmodo handled the whole new iPhone thing and exploiting it beyond the ridiculous, I hope there ae some stiff reprecussions for the whole thing.

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bloodgain

If I were Chen, I'd ask Gizmodo to help me get a quality lawyer for my defense and to immediately file a lawsuit against Apple and San Mateo's DA Office for violating my 4th Amendment rights and the associated inconvenience.  Given that the employee who lost the phone admitted to basically just having a stupid moment, there was no probably cause to investigate the purchase of stolen property.  Nothing was stolen.  And extortion? Huh?

File a lawsuit, and chances are Apple would immediately settle and agree to drop all charges and have Chen's property returned.  They might even offer him a shiny new iPhone 3.0 when they come out to say sorry for the trouble they caused.  Apple doesn't need the negative publicity over something that was their own fault.

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eday_2010

As long as the item doesn't belong to the person selling it, it's considered buying/selling stolen property. If something is lost, it doesn't give you the right to sell it if you find it. You have to turn it over to a lost and found or soemthing, or try to get a hold of the owner if possible. Finding something you know is lost doesn't give you ownership of it. And seeing a phone lying around in a bar means it is lost.

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ddbEntertainment

It looks to me in my own personal opinion at this moment in time without knowing all the facts, just what I've learned from the internet, that Apple used their money and muscle to not only steal Chen's personal and work equipment and other misc. items but now have used their clout to rifle through it. Cool story, the suspense is great! What does this mean for online journalism? Would a print journalist have been protected under the Shield Law? If so the irony is too much...

 :)

 -ddb

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Nycromes

The shield law's intent wasn't to allow reporters to break the law and get away with it. It was to protect the reporters and their sources from exposure and being pulled into court cases. If they ran the story and never bought the phone, they should have been protected, but by most accounts they bought the phone. What if a reporter killed someone ordid some other act that was illegal for a story, should they be given immunity? I don't think we want to go down that road. Apple is acting like Apple, I'm not suprised by their actions at all.  

 

Now, I don't believe that Chen should be held solely responsible in this case, he was the acting hand of the company. If he took it upon himself to do this without consulting with the company, that would be one thing. The company should be held criminally responsible for this mess. I don't like apple and I'm not siding with them, but what transpired here was illegal.   I believe they are looking through his computers for informaiton that puts the dirt on the company rather than Chen, but I could be wrong. Thats all speculation at this point. He will probably be pulled into this case. I would be hardpressed to believe that a print journalist would be given protection in this case, again, the shield law isn't about letting reporters get away with breaking the law, they tread a fine line in getting their stories with matters such as this. 

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eday_2010

If it is Chen who actually partook in the actual purchasing of the phone, then they will certainly hold him responsible. Even though it was Gawkers money, Chen is the one who handed the money over for the phone (if it was him).

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KrAs

Damn double post :(

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KrAs

..and I may very well be, but I'm not sure I understand what his computers had to do with the purchase of a lost (not stolen) iPhone.  I'm no lawyer but, wouldn't that be like taking my truck and mortorcycle because I purchased a stolen bicycle?  

 

Cleverly disguised as a responsible adult

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ddbEntertainment

Didn't Steve Jobs go on the record at D8 stating "this is a story that's amazing" -- that "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.""7:26PM Steve: You know, when this whole thing with
Gizmodo happened, I got advice from people who said 'you gotta just let
it slide, you shouldn't go after a journalist just because they bought
stolen property and tried to extort you.' And I thought deeply about
this, and I concluded the worst thing that could happen is if we change
our core values and let it slide. I can't do that. I'd rather quit."  So Chen tried to extort Steve? huh?
Source - http://www.engadget.com/2010/06/01/steve-jobs-on-lost-iphone-4g-prototype-its-an-amazing-story/
-ddb

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cynical

It's an Apple core value to be an asshole.

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stradric

Ha, in the next statement, Jobs says some nonsense about " We come into work wanting to do the same thing that we did back then -- build the best products."

That's just a tad bit BS...  Marketing and building products are 2 different things.  Gizmodo interfered with the marketing and Jobs knew that would cut into profits so they sent in the dogs.  Their core values are the same core values of any corporation -- maximize profits.  It has nothing to do with building great products because frankly Apple doesn't build great products.  Their marketing convinces you they're great, but really they're not. "The best" product has multitasking capabilities for example...

I have really really grown to despise Apple over the course of only a few months.  I used to be a fan.  Now I will never ever give them another dime. 

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ddbEntertainment

duplicate post... ???

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