Police investigating lost iPhone prototype raid Gizmodo editor's home
By Nilay Patel 
posted April 26th 2010 5:23PM
posted April 26th 2010 5:23PM
Update: TechCrunch reports that the investigation is on hold for now following claims by Gawker that Chen should be protected under California's Shield Laws, meant to help protect journalists from revealing sources. The District Attorney will reportedly reevaluate whether those laws do apply, and as such will not go through the seized possessions until a decision's been reached in the coming days.
@Crashnburn01
Just what I was thinking.
@Crashnburn01
But it's fine to steal Apple prototypes and sell them for profit? And it's fine for Gizmodo to commit a felony by buying it?
What are you smoking?
Why the heck would they search his house specifically. He was not the one that bought the phone. Gawker did!
@spidertaker23
It is a CRIMINAL investigation. He works out of his house. Police (NOT APPLE) is going after the person who 'stole' the phone. I know he didn't steal it, read CA law, he didn't turn it into the police either.
YES!, i never liked Jason Chen anyway..., but he bakes great cookies and stuff... oh wait?
The raid went down on Friday night, but Gizmodo didn't post it until Monday, a much higher traffic day.
Gizmodo never ceases to amaze me with what they will do to increase pageviews. They held on to the story until Monday afternoon to increase pageviews.
@Bassam
This is all part of the "Look! It's real! It wasn't an intentional leak!" campaign.
The fact they waited to publish it on Monday is another proof that it's all part of the campaign. Apple has the right to ask the police to investigate the leak, especially if it will give their RIDICULOUS story more legitimacy.
@TareG You do realize how "RIDICULOUS" you sound?
@TareG
How is it ridiculous? I'd say that maximizing on the very thing that gets you the most pageviews is an intelligent marketing tactic. It's the bread and butter of both Engadget and Gizmodo. It's hard to imagine anyone not believing the iPhone story has legitimacy.
Apple made a mistake and lost its iPhone. Gizmodo has now apparently made a mistake with running that story.
@Bassam I'm sure you're right but I bet they wanted their lawyers to look at things a bit before anything was posted.
@TareG Hmmm - police seize all your computers and yet you're expected to give a full report, scan the warrants, write a response letter, and get all this done THAT NIGHT?
Well, yes, you're superhuman, don't need a computer to post something on the Internet, and you scan things merely by blinking your eyes. . .
@Oghowie You're probably right about waiting for the lawyers to have a look before posting.
Another weird thing: It seemed that Gawker's legal counsel had already emailed the Detective about seizing computers belonging to press, and Jason Chen had a copy of the email with him that he had printed out earlier in the day.
They must have known the raid was coming to be that prepared on the same day.
Free Speech is Free Speech. None of these web sites should be signing NDAs or similar for this very same reason.
@godwheel
Gizmodo is a joke of a BLOG, not a real news source...
These guys are the TABLOIDS of electronics... a f'in Joke.
'Bout time they shut these nubs down,,, I just hope that the influx of Apple fanboy commenters dont come to Engadget.
You know what this is? This is Apple asking the Police to conduct a well-publicized investigation (which is their right) to give this INTENTIONAL LEAK legitimacy.
But sure believe what you will...
@TareG
I think you might be on to something.
Like Apple's "lost" the disabled "HD" phone then leaked rumored specs it won't live up to in the hopes of slowing Droid Incredible/EVO adoption.
@TareG Now even the San Mateo Police is working for Apple's marketing.
How much free publicity can this $235 Billion company have?
@Charbax
No, the police isn't in on it. Apple is using their rights of having this incident investigated to give the "leak" more legitimacy.
@TareG I believe you're not very bright.
@TareG If you want your story to sound a tiny bit plausible, at least say Apple had their own SS wearing San Mateo uniforms break down the door, sheesh! :)
Wow...take it easy Steven!
No shit?!
An illegally acquired and un-returned multi-million dollar R&D prototype triggered a police investigation?!
seriously...what did yall think would happen...lol.
Although...Apple shot themselves in the foot with this one probably... First of all, everyone already knows a ton about it so...kind of a delayed reaction on Apple's part. Second, they probably would've been better off just letting everyone think it was intensional.
And I'm pretty sure "buying" a leaked prototype is still illegal, lol.
@Bakerdk
I love how so many people just automatically assume Apple has the power to order the CA state police to raid someone's home. This speaks to how cynical we Americans have become about our government and its corporate overlords.
@Bakerdk It takes time to mobilize a legal team and build a firm case. Id argue they'd be smart for waiting while GIzmodo continued to post article after article of more incriminating evidence.
@KupoCheer
Maybe, but the act alone of purchasing a stolen or lost item is bad enough.
I still think apples best move would have been an elite assasin infiltrator...oh well...hind sight...
Correct me if I'm wrong, but the device wasn't stolen. And it's not illegal to keep something you found, right? And if someone wanted to buy something that was found, not stolen, that's not illegal either, right? (Regardless of whether it's ethical or not).
Is this raid even legal?
@PhoenixFhire Yes, it IS illegal if you make no attempt to return it... you cant just find something and say hey this is mine now
@PhoenixFhire
Raid is totally legal.
and...it IS illegal to keep something that isn't yours...regardless of how you come across it... You also don't own something just because you bought it...if the person who sold it to you wasn't supposed to have it, then they don't own the rights to it and therefore can not sell it.
That's like wondering why my car was confiscated when I bought it from a guy who stole it, lol.
@PhoenixFhire its illegal to keep what you find, you should turn it over to the owner or to the police, no finders-keepers in real life
@PhoenixFhire
Aye, this is true. Fail on my part.
HAHAHAHA and i always thought Giz was owned by Apple... they are the biggest group of apple fanboys on the planet, Jesus Diaz is a moron and most of them cant write a decent article to save their lives... i hope they get dominated by the company they love to get on their knees for
@SteveyAyo
My Lord, you are RIGHT !
Diaz is a twunt !
@Threlly Ayup
@SteveyAyo Imagine if Jesus Diaz got the phone. I bet Apple wouldn't even want it back anymore after all the skeet on it.
@SteveyAyo Just look at the amount of Apple products they confiscated from Chen. Very biased.
Wait... Then how did he manage to tell everyone about this?
So they couldn't respectifully called the editor before runging through his personal? Completely unnecessary work, unless the editor was in complete denial of giving up the unit then the authorities and Apple are really messed up on this move, can't get worse PR then this.
@puerrican85 The funny thing is - I bet this won't even get to most of the people that buy most of Apple's products. Mention 'Gizmodo' to the guy in the cube next to you on his iPhone and I bet he'll give you a blank look.
@puerrican85
Yeah just like how the guy who took the phone "respectfully" returned it to Apple. Or how Gizmodo "respectfully" bought it, which is a felony. Seriously, what do you want from Apple? Blood? Apple has EVERY RIGHT to crack down on these e-tards.
@Jack
Your right, Apple does have every right. But like I said, was it necessary to issue a search warrant??? The device was remotely wiped already, and Apple didnt exactly reach out their hand asking for it, unless you count the police raid. Apple basically went overkill, unless the editor refused to return the device I dont see why the authorities had to get involved.
@puerrican85
The guy took and possess pictures of a stole prototype(that would be a suspected felon). He spread Apple's trade secrets all over the web. I say the police would be doing a horseshit job if they didn't turn Chen's apartment upside down and take every piece of paper and electronic storage media in sight.
Bad move Steve.
King Canute you are not !
wow that is ugly ... is it legal to confiscate property from webreporters ?
@Deloren Gawker Media is arguing that it is not. They even cited a legal ruling in favor of this argument.
Gawker Media can, and probably will press charges against law enforcement in the area.
@Deloren This has already been pretty well hashed out, but look at it this way:
An employee of Tesla motors has a fun evening at the bar and accidentally leaves the keys to the top-secret Roadster II prototype he's driving. Some dude wanders by and "finds" some keys. He takes the car and sells it to Road & Track Magazine. Road & Track Magazine takes the car apart photographs every piece, and publishes everything in their magazine.
Think Tesla might have a problem with that? Or IBM, or Intel, or Microsoft, or Sony?
As an aside, all of the people spouting off about freedom of speech and freedom of the press might want to go back to Civics class (hint: it's not car from Honda) and read up on that again.
@marsmissions
Considering Gizmodo committed a felony by buying the phone, I'm not sure they have a leg to stand on here.
@Releaux +1
That Honda Civics class wuz awesome! Must've been the class Jason Chen took.
this is just wrong
@hyaenidae
Like selling a prototype phone isn't wrong? Or buying it when you know it's stolen property?