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View Full Version : So an Apple engineer walks into a bar



Joe (SoCal)
04-20-2010, 11:05 AM
http://cache.gawkerassets.com/assets/images/4/2010/04/500x_graypowellflickr_01.jpg


Gray Powell—a North Carolina State University 2006 graduate is an Apple Software Engineer working on the iPhone Baseband Software, the little program that enables the iPhone to make calls. A dream job for a talented engineer like Powell, an Apple fan who always wanted to meet Steve Jobs. On the night of March 18, he was enjoying the fine imported ales at Gourmet Haus Staudt, a nice German beer garden in Redwood City, California. He was happy. [UPDATED] After all, it was his birthday. He was turning 27 that very same day, and he was celebrating. The place was great. The beer was excellent. "I underestimated how good German beer is," he typed into the next-generation iPhone he was testing on the field, cleverly disguised as an iPhone 3GS. It was his last Facebook update from the secret iPhone. It was the last time he ever saw the iPhone, right before he abandoned it on bar stool, leaving to go home.


http://gizmodo.com/5520438/how-apple-lost-the-next-iphone

Made all the local news

Complete Coverage of Gizmodo's iPhone Story on TV (http://tv.gawker.com/5520655/complete-coverage-of-gizmodos-iphone-story-on-tv)


Wonder if he still has his Job :eek:

Keith Wilson
04-20-2010, 11:10 AM
I dunno - it got a lot of publicity, lots of buzz about the new secret iPhone (which apparently isn't particularly innovative; more an evolutionary development) - you think they did it on purpose?

David G
04-20-2010, 11:11 AM
Keith,

Some will call you a cynic.

I call you a babe in the woods. Of course they did it on purpose.

Joe (SoCal)
04-20-2010, 11:13 AM
Naaa not Apple's style. Jobs is a creature of habit, he gets off on wearing the black mock turtleneck and jeans and saying at the end of a convention ..........

"oh and yea one more thing ....... "

Sounds like it was simple human error I bet Steve is pissed.

Joe (SoCal)
04-20-2010, 11:17 AM
Keith,

Some will call you a cynic.

I call you a babe in the woods. Of course they did it on purpose.

You obviously have never been out drinking with an engineer ;)

Canoez
04-20-2010, 11:25 AM
You obviously have never been out drinking with an engineer ;)

LOL! Everytime Keith goes out drinking, he's drinking with an engineer! :p

Hopefully he will not go the same way as the last Apple contractor/engineer to lose a prototype phone. :eek:

Tom Montgomery
04-20-2010, 01:10 PM
According to California law if you find an item and have a reasonably good idea of who it belongs to you have an obligation to attempt to return it. If you instead keep the item, give it away or sell it you have committed theft.

The guy who found the prototype admits he knew the name of the engineer who misplaced it. No doubt Apple's attorneys are all over this. This incident may end up costing Gizmodo plenty. Engadget was approached by the seller but refused to buy.

john l
04-20-2010, 02:00 PM
i like the idea of the entire rear housing (ceramic) being the antenna
for improved reception.

S/V Laura Ellen
04-20-2010, 02:45 PM
Naaa not Apple's style. Jobs is a creature of habit, he gets off on wearing the black mock turtleneck and jeans and saying at the end of a convention ..........

"oh and yea one more thing ....... "

Sounds like it was simple human error I bet Steve is pissed.

Apple claims it isn't their style and Steve will pretend to be pissed, but Apple's marketing is about building pre-release hype and viral speculation.
After all it is free marketing and very very effective.

john l
04-20-2010, 02:58 PM
i bet they are merely doing a "think different" approach

john l
04-20-2010, 02:59 PM
of course the answer to all this is : does gary powell still work there?

R.I.Singer30
04-20-2010, 03:05 PM
What no GPS on that thing?;)

pefjr
04-20-2010, 04:34 PM
AAPL just blew out all earning expectations with a quarterly earnings report



Apple Inc reported a strong surge in second-fiscal quarter earnings on Tuesday, thanks mostly to strong sales of the company's iPhone and Mac computers.
Shares of Apple jumped nearly 7% in after-hours trading following the report after closing the regular session down 1% at $244.59. The stock has come up 16% so far this year. As usual, the company issued a highly conservative earnings forecast for the June quarter that was below Wall Street's estimates.
Sales of the company's popular iPhone drove the quarter, with unit sales up more than 130% from the same period last year.
"Basically, the iPhone stole the show," said Brian Marshall of Broadpoint AmTech Research. He noted that the device showed "fairly significant upside" compared to Wall Street's estimates for the quarter.
Analysts were expecting earnings of $2.45 per share on revenue of $12 billion, according to consensus forecasts from Thomson Reuters.
Apple said it sold 8.75 million iPhones for the quarter; analysts were expecting sales of a little over 7 million.
Aftermarket shares were up 17 points to a alltime high $265.

paladin
04-20-2010, 09:46 PM
i like the idea of the entire rear housing (ceramic) being the antenna
for improved reception.

Normally I would agree but if it's hand held the human body capacitance is the down side....NSA/CIA/DIA has spent a gazillion bucks trying to couple energy thru the arm/human body for enhanced reception/transmission and have not gotten very far

Joe (SoCal)
04-26-2010, 12:21 PM
Got to love the "WOZ" :D :D :D

http://cache.gizmodo.com/assets/images/4/2010/04/340x_stevewozgray.jpg

For those who don't know who " The Woz" is

http://en.wikipedia.org/wiki/Steve_Wozniak

seanz
04-26-2010, 03:59 PM
enjoying the fine imported ales at Gourmet Haus Staudt


I thought an Apple engineer would drink cider?

Steve Paskey
04-26-2010, 06:45 PM
Things have taken an ugly turn: After obtaining a search warrant, a computer crime task force searched the home and car of Gizmodo's editor and seized numerous items. An Apple spokesman declined to comment, but it's fair to assume that Apple filed a criminal complaint.


SEATTLE – Authorities seized computers, digital cameras, a cell phone and other items from a technology blog editor who posted pictures and details of a lost iPhone prototype.

A computer-crime task force made up of multiple law enforcement agencies searched Gizmodo editor and blogger Jason Chen's house and car in Fremont, Calif., on Friday, according to a statement and search warrant documents provided by Gizmodo.

The warrant, issued by a Superior Court judge in San Mateo County, said the computers and other devices may have been used to commit a felony. Steve Wagstaffe, spokesman for the San Mateo County District Attorney's office, confirmed the warrant's authenticity.

Members of the Rapid Enforcement Allied Computer Team took several computers, hard drives, digital cameras, cell phones and other gadgets, plus Chen's American Express bill and copies of his checks.

Captain Intrepid
04-26-2010, 08:16 PM
I've looked into this a bit, and it basically comes down to two parties buying and selling an item that doesn't belong to either of them. Under Californian law that's grand larceny.

It seems to me that gizmodo is pretty shameless in the whole affair, publishing the engineer's personal information was a pretty tasteless thing to do. Fairly whorish of them to milk the story for extra money.

Steve Paskey
04-26-2010, 08:39 PM
I've looked into this a bit, and it basically comes down to two parties buying and selling an item that doesn't belong to either of them. Under Californian law that's grand larceny.

You got my curiosity up, so I did a bit of research. From the California Penal Code:


Section 484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another... is guilty of theft.

Section 485. One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

Section 487. Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400)...

Section 496. (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a state prison, or in a county jail for not more than one year.

htom
04-26-2010, 10:29 PM
Gizmodo can hardly be accused of hiding the thing! Further, when Apple asked for it and properly described it, it was returned. I can see -- maybe -- prosecuting the finder who gave it to Gizmodo, but I don't think a rational jury would convict.

Bob (oh, THAT Bob)
04-26-2010, 11:02 PM
Years ago, when some folks working at Coke tried to sell the secret formula to Pepsi, Pepsi called the feds and they were busted. I normally hate the big soft drink makers, but this was a good case of employees adhering to their code of conduct.

Captain Intrepid
04-26-2010, 11:21 PM
Gizmodo can hardly be accused of hiding the thing! Further, when Apple asked for it and properly described it, it was returned. I can see -- maybe -- prosecuting the finder who gave it to Gizmodo, but I don't think a rational jury would convict.

You buy a piece of stolen property, make a bunch of money off of it, and then return it? Does that seem like an honest act?

The fellow who found it had options, since he wasn't able to get in contact with someone in the know at Apple, he could have turned the iPhone into the police, that would have been the legal option. Selling it for five grand to someone else? Not so much.

donald branscom
04-26-2010, 11:32 PM
Who cares!!! Big deal.

3Gs whatever ,facebook,etc.,etc, don't have time for it. Did too....Did not....Did too cheeeessssshhhh!!!

There are kids now that take phones to bed with them.
So your daughters can get phone calls from men at 10 pm.
One girl got 17,000 texts in one year.

The parents limited her phone use and her grades went up immediately.

Go out in the real world do something with your life!!!!

Captain Intrepid
04-26-2010, 11:37 PM
There are kids now that take phones to bed with them.
So your daughters can get phone calls from men at 10 pm.

Well how else am I expected to get a date? :confused:
;)

Steve Paskey
04-27-2010, 07:04 AM
Gizmodo can hardly be accused of hiding the thing! Further, when Apple asked for it and properly described it, it was returned. I can see -- maybe -- prosecuting the finder who gave it to Gizmodo, but I don't think a rational jury would convict.

So if you leave your car in a public place with the keys in the ignition, and I "sell" the keys to someone who knows that you own the car, and they drive the car around for a few days before returning it to you, no crime has been committed?

As for not "hiding" the thing ... Gizmodo didn't simply "acquire" a physical phone. It also acquired trade secrets, the details about the phone that it published without Apple's consent. The trade secrets were worth a lot more than the phone itself, and they can't be "returned."

Whether the guy who found the phone violated section 485 depends on whether his calls to Apple count as "reasonable and just efforts" to restore the phone to its owner. It's hard to say that they were: he knew the name of the guy who left the phone behind and made no effort to contact him, nor did he contact the police or the bar. (I've left things in restaurants, and the first thing I've done in every case is call the restaurant to see if someone "turned it in.")

If the guy who found the phone violated section 485, it seems that Gizmodo also violated the law: by offering money for the phone, they conspired with the finder to violate 485 and/or aided and abetted his violation of 485. They also violated 496: when they bought the phone they knew the seller didn't own it, and they knew who the owner was and how the seller acquired it.

But whether a jury would convict is another story.

htom
04-27-2010, 09:52 AM
Trade secrets are (or at least they used to be) important because they were legally unprotected. You let the knowledge out, it's gone and you had no recourse. They didn't know it was an Apple phone prototype; it could have been a Motorola prototype made to look like an Apple phone, or an HTC, or ... they didn't even know that the labels on it were put there by the proper owner.

bljones
04-27-2010, 10:17 AM
If you leave your trade secret in a bar, it is no longer a trade secret.

htom
04-27-2010, 10:24 AM
Having dealt with them for decades, yes. That's why they're "trade secrets" rather than "trade practices" or "patents".

Peter Malcolm Jardine
04-27-2010, 10:29 AM
Gizmodo can hardly be accused of hiding the thing! Further, when Apple asked for it and properly described it, it was returned. I can see -- maybe -- prosecuting the finder who gave it to Gizmodo, but I don't think a rational jury would convict.

It isn't about conviction, it's about making your life miserable for fuggin with me stuff. Just as effective as conviction actually.;)

bljones
04-27-2010, 10:32 AM
Where the waters get muddy is the fact that Chen could be considered a journalist. His job title is "editor" and this search may test whether journalistic source protection normally accorded to traditional media will also apply to a blogger. If so, then this highly unusual search becomes even more of a mess.

A no-knock search in a computer case without an imminent danger or ongoing criminality component? Somebody was definitely trying to send an i-message.
Bite the Apple and the Apple bites back.

Peter Malcolm Jardine
04-27-2010, 10:34 AM
and Apple is a big big dog. By the time you have proven you're innocent, you feel like someone has kicked you around the parking lot for an evening. Chen isn't too smart, and Apple just decided to give the staff lawyers a little run in the park.

ron ll
04-27-2010, 10:50 AM
and Apple is a big big dog. By the time you have proven you're innocent, you feel like someone has kicked you around the parking lot for an evening. Chen isn't too smart, and Apple just decided to give the staff lawyers a little run in the park.

And meanwhile keeping their upcoming new product in the headlines a little longer.

CByrneiv
04-27-2010, 11:04 AM
Yeah, Apple is a big dog, but an even bigger dog is "the press".

Apple is going to be CRUCIFIED for this. Threatening a publication with punitive action (pulling advertising, denying acccess etc...) is one thing... that's part of the game.

Getting the police to seize a journalists computers... That's Apple declaring war on the press.

The only thing they can possibly be counting on, is that because Chen isn't print or TV, that the rest of the press won't rally.

They're wrong.

However, as Ron pointed out, this IS a ton of free publicity. Even bad publicity gets people thinking about your product; and most people don't give a damn about the moral question involved.

Steve Paskey
04-29-2010, 08:18 PM
Where the waters get muddy is the fact that Chen could be considered a journalist. His job title is "editor" and this search may test whether journalistic source protection normally accorded to traditional media will also apply to a blogger.

I'm not persuaded that Chen's status as a blogger has anything to do with it. Yes, journalists have some protection when dealing with sources, but does that really apply when a journalist knowingly PAYS someone for stolen goods and stolen information?

In other news, the guy who initially found the phone has been identified ... a 21-year-old kid named Brian Logan. Logan has lawyered up, which is wise because his position vis-a-vis the law isn't so good. Turns out that he pretty much made no effort at all to return the phone to its owners ... contrary to early reports, he did NOT call Apple. If the prosecutor decides to file charges, I doubt the kid will get much sympathy from a jury.

Here's an account from a story on Yahoo, based on reports by Wired and CNET:


According to Hogan's attorney's statement, Hogan didn't see the lost iPhone until another patron at the Redwood City bar came up and asked him if it was his; Hogan apparently then asked a few other patrons if they'd lost the device before heading out, iPhone in hand, according to Wired.

Initial reports had it that the man who'd taken the iPhone tried repeatedly to call the Apple Care support line to return the phone, but according to the statement in the Wired story, Hogan never personally called Apple, although a friend of his offered to. The owners of the bar where the iPhone was lost also told Wired that Hogan never bothered to call them about the lost hardware, although the anguished Apple engineer who mislaid the iPhone "returned several times" to see if it had turned up.