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I'm of the mindset that Gizmodo and their parent company Gawker are in the wrong and don't have a legal leg to stand on here. Sure, I liked reading about the new prototype iPhone, yet Gizmodo has handled the situation very poorly so far.
First, journalist shield law (as many other have said) protects sources. It doesn't give a journalist the ability to commit crimes. CA has an exception in the law such that if the journalist has committed a crime the shield doesn't apply.
Second, the source tried to return the ?phone by calling Apple's public numbers? (I'm not sure I believe that happened at all, or the circumstances would be completely different)
The bar was in Redwood City. It's a 20 minute drive to Cupertino. Walk into the lobby, say “I found this, I have reason to believe Apple owns it,” put it on the counter and walk out. I'm pretty sure that Apple could figure out what to do with the iPhone at that point.
Third, CA law does not have a “finders keepers” clause. It states that if you find a device and think you know who owns it, you are obligated to try to return it. I can't figure out how “selling it to Gizmodo for $5000? constitutes “trying to return it”. As I said above, I can't see how it would be hard to return the iPhone?dropping it at Apple's HQ or at the bar should have done it.
I do agree that Gizmodo had an interest in reporting it, but they appear to have handled it in the worst possible way. Buying the device was not at all required to review it. Depending on how you interpret the laws this may be a felony-level offense, given how much money changed hands.
"Five years ago in TechSpot:
Intel to send 65 nm chips into mass production"
Now there are 32nm chips available for purchase.
But yet I am still running a 65nm original Conroe based Core 2 Duo.
Honestly I think its sad that the question has to be asked about owning your data. Give it another 50 years and we won't own a single thing we have, so even if we don't go socialist we will be anyways.
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