An apology... • Hacker News Board

Re: An apology...

#161

Post by danieldon » Tue, Apr 20, 2010, 5:15 PM UTC

mkyc wrote: post #121

All else aside, calling the person who turned the phone over to Gizmodo a thief might amount to slander, so Craig should be careful. This would be something for a court to decide: e.g. http://data.opi.mt.gov/bills/mca/45/6/45-6-302.htm . Note "permanently".

Why are you looking at Montana law when this incident occurred in California?

http://www.citmedialaw.org/blog/2010/lost-and-found-californ...

It's not a secret that when you find lost property you either leave it with the establishment in case the owner comes back looking for it, contact the owner directly or, failing that, take it to the police. Instead of doing that, he took it home, took it apart and sold it to gizmodo.

Re: An apology...

#162

Post by tomwans » Tue, Apr 20, 2010, 5:29 PM UTC

tomwans wrote: post #58

Gizmodo's attitude is making me sick. All of these articles have such a "haha, gotcha!" attitude towards Apple (and especially Gray) for no reason at all. Apple is secretive about their products, so what? You got the prototype. Take the photos and report on it. There's no reason to divulge all this information about Gray. Apple knew who lost the phone already, since they were able to wipe it remotely. Their snide rem…

Agreed: http://www.tuaw.com/2010/04/20/apple-we-want-device-back/ this is more concise and well said than I could ever be.

Re: An apology...

#163

Post by anigbrowl » Tue, Apr 20, 2010, 5:32 PM UTC

hyperbovine wrote: post #67

Frazzydee wrote: post #21

Earlier quoted context omitted.

Apple puts in a lot of effort to maintain an air of secrecy. It's part of their pubic image. AFAIK this is the first time there has been a leak this big. It is a big deal to Apple.

It is a big deal to Apple. Inside the RDF, you are probably correct. Back here in reality, I would just like to take the opportunity to shout out, _BIG FUCKING DEAL_. They're working on a new version of the arguably most successful consumer electronic in history. WHO KNEW? It uses all the latest technology. WOW! It looks... SLIGHTLY DIFFERENT! Stop the presses and notify the President!! I am tired of Apple acting tre…

I think it's probably a big deal to their competitors, too - although the coverage was thing on technical details, there are some internal pictures with part numbers on a few components too. If we were competing to sell almost identical products, you would probably prefer me not to get my hands on the debug version.

Re: An apology...

#164

Post by anigbrowl » Tue, Apr 20, 2010, 5:50 PM UTC

ryanisinallofus wrote: post #88

lyudmil wrote: post #85

I'm not sure Mr. Powell is paying attention to the continued coverage. If he is, I'd like to offer a couple of words of encouragement. I think Mr. Powell is the only one in this story who stands on firm moral ground. He made a simple, honest mistake. All indicators point that he behaved courageously, presumably coming forward and admitting the device is missing since Apple shut it down remotely the next day. Yes, App…

Gizmodo overstepped no bounds. They are allowed free speech and compared to most reporting these days their story was actually accurate. The ONLY person at fault here is the guy who found the phone and didn't call Apple.

It is (IMO, IANAL) illegal to pay money, record or share details of, or derive commercial gain (via disseminating the story) from something that constitutes a trade secret.

http://www.law.cornell.edu/uscode/18/usc_sec_18_00001832----...

I am not convinced a free speech defense obviates this. While people are clearly interested by their report, that's not the same as it being 'in the public interest'. As far as Apple's interest goes, their stock skidded 1% this morning on opening, although it'll probably bounce back up when they release their earnings statement later today.

Re: An apology...

#165

Post by gte910h » Tue, Apr 20, 2010, 6:07 PM UTC

lallysingh wrote: post #149

gte910h wrote: post #13

Earlier quoted context omitted.

Wait, you like accidentally buying stuff that's about to be replaced with a better model?

All the discussion, rumoring, and conjecturing make the platform fun . A few guys take it seriously, but I think most of us just like to play in it for fun.

A few of the rest of us resent the heightened uncertainty it makes in buying decisions for non-trivial expenses.

Re: An apology...

#166

Post by Psyonic » Tue, Apr 20, 2010, 6:29 PM UTC

khafra wrote: post #127

Psyonic wrote: post #16

Earlier quoted context omitted.

No, but he likes watching the internet explode with speculation that the new iphone will cure cancer and world hunger, at the same time.

Speaking of speculation, I've heard some that this was a planned move by Apple to overshadow the HTC launch.

Ya I've read that as well. It seems a very un-Apple move, but the timing is also weirdly coincidental. Not sure where I stand yet.

Re: An apology...

#167

Post by mattmaroon » Tue, Apr 20, 2010, 6:30 PM UTC

This is absurd. Gizmodo owes no apology. They're journalists (however loosely) and a journalist's job is to report the W's, including the who. It's a relevant fact, and one of great interest, how an iPhone prototype wound up lost at a bar.

They've been pretty clear the whole time that it was an honest mistake on the guy's part. Could happen to anyone. They most certainly did not smear the guy at all. I don't think they were rude about it at all, they were reporting the facts.

In fact I'd say they were overly generous. Why the hell was he carrying a top secret iPhone prototype to a place that exists solely to get you drunk? He was careless, and it was his fault. If I were Apple, I wouldn't fire him, as I'm sure he won't do that again, and I generally don't believe in firing people for making mistakes. That's how you learn, and we all do it. But he'd not be taking any prototypes off-campus for a long time.

I mean, the guy left an iPhone prototype at a bar. That's like a CIA agent leaving a map to Osama Bin Laden's hideout at a McDonalds. A large part of his job is to not lose the prototype iPhone, and he failed. To blame it on a bar-goer is absolutely ridiculous.

The guy who found the thing allegedly tried to give it back. He's a better guy than me, I would have called up Microsoft, Engadget, and PC Magazine and had an auction.

Apple's institutionalized dickishness (further proof that corporate culture comes directly from it's leaders' personalities) actually prevented him from being honest. They deserved what they got on this one.

Re: An apology...

#168

Post by ubernostrum » Tue, Apr 20, 2010, 6:52 PM UTC

mattmaroon wrote: post #167

This is absurd. Gizmodo owes no apology. They're journalists (however loosely) and a journalist's job is to report the W's, including the who. It's a relevant fact, and one of great interest, how an iPhone prototype wound up lost at a bar. They've been pretty clear the whole time that it was an honest mistake on the guy's part. Could happen to anyone. They most certainly did not smear the guy at all. I don't think th…

They're journalists (however loosely)

If by "loosely" you mean "not at all", then I'd agree.

and a journalist's job is to report the W's, including the who. It's a relevant fact, and one of great interest, how an iPhone prototype wound up lost at a bar.

It's a relevant fact that it was lost at a bar. Publicly shaming the individual, though? Doesn't add a damn thing to the story.

In fact I'd say they were overly generous.

I'd say they ought to be reading up on laws governing receipt of stolen property.

They deserved what they got on this one.

Yes, as we all know: two wrongs will always make a right.

Re: An apology...

#169

Post by tghw » Tue, Apr 20, 2010, 6:59 PM UTC

protomyth wrote: post #147

hyperbovine wrote: post #67

Earlier quoted context omitted.

It is a big deal to Apple. Inside the RDF, you are probably correct. Back here in reality, I would just like to take the opportunity to shout out, _BIG FUCKING DEAL_. They're working on a new version of the arguably most successful consumer electronic in history. WHO KNEW? It uses all the latest technology. WOW! It looks... SLIGHTLY DIFFERENT! Stop the presses and notify the President!! I am tired of Apple acting tre…

How much money in PR do you have to spend to make up for the "disappointing" events because everyone already saw the phone. This is not some little matter of secrecy, this is big money. It also affects the media that covers Apple events. They lose money because they don't get the page views.

In this particular case? $0.

No one is going to care in 3 months when this is released. Apply fanbois will still be wetting their pants to be the first on line when it comes out. In the meantime, the media that are going to "lose money" are actually getting an advance.

Ayway, since when is it everyone else's responsibility to keep Apple's secrets secret so the media can get more page views?

Re: An apology...

#170

Post by tghw » Tue, Apr 20, 2010, 7:01 PM UTC

anigbrowl wrote: post #164

ryanisinallofus wrote: post #88

Earlier quoted context omitted.

Gizmodo overstepped no bounds. They are allowed free speech and compared to most reporting these days their story was actually accurate. The ONLY person at fault here is the guy who found the phone and didn't call Apple.

It is (IMO, IANAL) illegal to pay money, record or share details of, or derive commercial gain (via disseminating the story) from something that constitutes a trade secret. http://www.law.cornell.edu/uscode/18/usc_sec_18_00001832----... I am not convinced a free speech defense obviates this. While people are clearly interested by their report, that's not the same as it being 'in the public interest'. As far as Apple'…

Other companies get products leaked all the time, and no one blinks an eye. I really think Apple will have a tough time calling the verification of existence of an upcoming product "trade secrets".