iPhone 4 prototype investigation draws to a close

iPhone 4 prototype investigation draws to a close
Chief deputy district attorney Stephen Wagstaffe of San Mateo County, CA has said that police are finishing up their investigation of the iPhone 4 prototype case, and may send a report within the next few weeks. The report will determine whether or not San Mateo County will file criminal charges.

Wagstaffe has also indicated that Steve Jobs and many other Apple employees have been interviewed over the course of the investigation. The investigation covers what began with one Brian Hogan discovering a thinly disguised iPhone 4 prototype at a Redwood City bar. Hogan then sold the device to Gizmodo for $5000.

After being contacted by Apple, Gizmodo editor Brian Lam agreed to return the device in exchange for written confirmation that it was indeed an Apple prototype. Gizmodo reporter Jason Chen's home was then raided and his electronics confiscated as evidence.

What do you think? Should Brian Hogan be charged? Did Gizmodo have a journalistic right to report on the iPhone 4, or were they obligated to return the quasi-stolen property without any report?

source: AppleInsider



1. ilia1986 unregistered

I think that employees should not forget top secret state-of-the-art unique phone prototypes at bars. Period. If that employee wasn't fired yet - he should be very very grateful. This is not some company pager he forgot there. Imagine a military general going into a bar and forgetting a note there with the locations of all the nuclear missile silos in the US.

2. messiah

Posts: 438; Member since: Feb 19, 2010

Dude should have held out for more than just five grand..... dude was sitting on a press gold mine

3. remixfa

Posts: 14605; Member since: Dec 19, 2008

yea, exept most people were not willing to touch the thing knowing that Jobs would be all over their ass with laywers and cops.. and voiala!! hes all over this dude with laywers and cops. A major news organization like fox or nbc would never touch it first hand... just repeat the story.

4. Rent unregistered

"Did Gizmodo have a journalistic right to report on the iPhone 4, or were they obligated to return the quasi-stolen property without any report?" No, and yes. To have press rights you need to be a journalist first, unless the guy stuck his butt to the college to be so or have been working for 40 years then he can't claim that. The original accord was to return the thing in change of the confirmation letter... they had the letter and decided to show it anyway... It was their choice, they knew what they were doing. Anyway don't worry for the guy, he's not gonna get any jail, just a $5000 bill or something

5. ilia1986 unregistered

Hopefully more. Much more.

6. iheartblueberry

Posts: 78; Member since: Apr 26, 2010

If I find something on the floor unattended to then it is mine! No ifs ands or buts! this guy will not be charged and cannot. Steve Jobs should be charged for wasting valuable police hours.

7. NOVAinc

Posts: 99; Member since: Jun 24, 2010

So if I put my phone on a bench besides me and a guy comes and take it because it was on a bench and not in my hand isn't a robber? Wherever it is, it's not yours, you have not the ticket, you didn't make any transaction to get it and you have no proofs of such. Or maybe you are forgetting that the whole thing happened in the USA, and the USA law is what counts here, not your town's

9. partyhard1

Posts: 11; Member since: Sep 21, 2010

Your right in some aspect. The thing was the guy left the bar and didnt even know he had lost his phone. If its reported stolen thats another thing. It had hit the media the same time it was reported.

13. iheartblueberry

Posts: 78; Member since: Apr 26, 2010

Now youre being just stupid! Of course that would be stealing. This guy actually left! So if you are saying that i lost a $100 bil on the floor of some bar and left and you picked it up that I could press charges against you and get your home raided, items confiscated and put you in jail for a long time? Dont be stupid!

15. ilia1986 unregistered

Could you please explain to me how can you leave a bar and now know that you're missing a unique top secret phone prototype which was the result of hundreds of thousands of human work hours?

17. Dine unregistered

@ilia1986: because humans aren't perfect @iheartblueberry: sorry but your hateful analogy is just flewed, a 100 bill is a piece of paper easily findable and hardly identifiable as individuals... unless you have a ticket expressing that the bill number xxxxxx is yours then you can't claim for it. A prototype is property of the company and taking it with you instead of taking it to the police (PD corruption has nothing to do with this, taking it to the police frees you of any problem since it passes now to be their problem) or giving it back (not trying.. Doing it, but if you can't then take it to the PD) makes you responsible for it. Now, the guy not only didn't proceed correctly but he also SOLD it, which just makes it easily blameable... He didn't pay for if, he didn't make any transaction, he has no proof at all that the device is his... so if then a guy appear with a proper ticket from the manufacturer (or the manufactured appeared, since it wasn't out so he didn't buy it) and has proofs of property on it then you can't say anything. Like it? Great. Don't like it? So sorry but that's how it is and please stop being such a hater and troll thankyouverymuch or at least try not to be so much or here, whatever happens first

18. Vent unregistered

Ok, now that's a stupid theory... Anyway, no body is blaming gizmodo for loosing the phone since they didn't lose it... They are accused to reveal industrial trade secret to the public

8. zxkljx unregistered

if the shmuck of an apple workers woulda NEVER left the house with a "secret phone"..nothing woulda ever happened

10. partyhard1

Posts: 11; Member since: Sep 21, 2010

your 100% right

11. partyhard1

Posts: 11; Member since: Sep 21, 2010

I dont think Gizmodo or Jason Chen should be held accountable for anything. Now as for the guy who lost the phone, yes he should be fired. That started a media frenzy on the otherwise closed doors of Apple and Steve Jobs. It was a mess and it was all his fault. Not Apple. Not Chen. Not Gizmodo.

12. zerglisk

Posts: 544; Member since: Feb 09, 2010

It's just a publicity stun that apple gets free from it anyway.

14. pingpong

Posts: 145; Member since: Mar 28, 2010

I agree with Zerglisk. No way someone would just leave something like that at a bar. Apple had this planned from Day 1. The guy that sold the phone probably had some sort of affiliation with Apple somehow. Just a huge conspiricy I tell ya!

19. Vent unregistered

They are blamed to reveal industrial secrets, not to have lost it... Duh

16. DroidPro

Posts: 4; Member since: Sep 21, 2010

Are you guys still talking about this old as phone this old news...At&t (2.5G and very limited 3G network) + IPHONE 4 was a big mistake...Now if what I heard from a very reliable source is true apple should hit a new high in phone sales... IN NOVEMBER THE FIRST 3G/4G IPHONE with VZW...brace yourselfs Ladies.

20. TreyDriver unregistered

Simple, you know you are working on a device that draws alot of attention. Understand that testing it outside a monitored environment means it may get lost, stolen or even broken. If you don't want this to happen then it needs to be monitored a little better. With that being said if any one of those things happens then I am sorry it goes back to the decision maker. In this case Steve Jobs

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