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iPhone 4 prototype investigation draws to a close

Posted: , by Ken N.

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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

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posted on 20 Oct 2010, 01:48

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.

posted on 21 Sep 2010, 02:07

2. messiah (Posts: 438; Member since: 19 Feb 2010)

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

posted on 21 Sep 2010, 06:16

3. remixfa (Posts: 14605; Member since: 19 Dec 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.

posted on 21 Sep 2010, 07:40

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

posted on 21 Sep 2010, 08:00

5. ilia1986 (unregistered)

Hopefully more. Much more.

posted on 21 Sep 2010, 09:34

6. iheartblueberry (Posts: 78; Member since: 26 Apr 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.

posted on 21 Sep 2010, 09:42

7. NOVAinc (Posts: 99; Member since: 24 Jun 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

posted on 21 Sep 2010, 11:27

9. partyhard1 (Posts: 11; Member since: 21 Sep 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.

posted on 21 Sep 2010, 12:33

13. iheartblueberry (Posts: 78; Member since: 26 Apr 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!

posted on 21 Sep 2010, 13:09

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?

posted on 21 Sep 2010, 14:04

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

posted on 21 Sep 2010, 14:08

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

posted on 21 Sep 2010, 11:02

8. zxkljx (unregistered)

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

posted on 21 Sep 2010, 11:28

10. partyhard1 (Posts: 11; Member since: 21 Sep 2010)

your 100% right

posted on 21 Sep 2010, 11:30

11. partyhard1 (Posts: 11; Member since: 21 Sep 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.

posted on 21 Sep 2010, 11:53

12. zerglisk (Posts: 544; Member since: 09 Feb 2010)

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

posted on 21 Sep 2010, 13:05

14. pingpong (Posts: 145; Member since: 28 Mar 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!

posted on 21 Sep 2010, 14:10

19. Vent (unregistered)

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

posted on 21 Sep 2010, 13:28

16. DroidPro (Posts: 4; Member since: 21 Sep 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.

posted on 21 Sep 2010, 17:04

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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