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iPhone 4 Prototype Finder Gets Probation 334

Posted by Unknown Lamer
from the finders-keepers-losers-send-you-to-prison dept.
think_nix writes "Brian Hogan, who found an iPhone 4 prototype last year which was sold to Gizmodo for $5,000, has been sentenced to one year of probation, 40 hours of community service, and a $250 fine. The District Attorney's office was asking for jailtime."
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iPhone 4 Prototype Finder Gets Probation

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  • by LWATCDR (28044) on Wednesday October 12, 2011 @10:24AM (#37689920) Homepage Journal

    If you find a cell phone that doesn't belong to you in a bar and you turn it in to the bar owner, or you turn it into the police, or you turn it into a carrier store that the phone came from you are a finder.
    If you find cell phone that doesn't belong to you and you sell it you are a thief.

  • by Anonymous Coward on Wednesday October 12, 2011 @10:28AM (#37689962)

    I think that if you look it up, you will find that F. Keepers v. L. Weepers is not, in fact, a Supreme Court case, and the law in the real world is slightly more sophisticated on this matter than a handful of ten year old children would have you believe.

  • by Anonymous Coward on Wednesday October 12, 2011 @10:29AM (#37689988)

    For buying and destroying goods that were obviously not the property of the person selling them?

  • Here's the lesson (Score:2, Insightful)

    by Anonymous Coward on Wednesday October 12, 2011 @10:47AM (#37690266)

    If you spot a lost cell phone, ignore it. Don't touch it, don't look at it, don't ponder it, and above all, don't be the one who calls attention to it. Just keep moving. In today's environment of runaway government, chances are high you will be punished for trying to do right, rather than rewarded as one should be.

    I'm not just talking about lost cell phones, of course. Unless it is a life-or-death situation, or somebody is likely to get hurt, the smart policy is to stay the hell out of any situation that is likely to involve government.

    Remember that (1) the police are in the business of convicting people, not praising altruism, and (2) we live in the country with the highest incarceration rate in the entire world. Clearly, the US government's objective with the legal system is not justice -- and therefore it is prudent to regard the workhorses of that legal system (the police) as liabilities, not assets.

  • by Tsingi (870990) <graham.rickNO@SPAMgmail.com> on Wednesday October 12, 2011 @10:47AM (#37690278)
    A man walks into a bar in Cupertino, has a drink, and gets up to leave.
    On leaving the bartender notices that he has left his iPhone on the table.
    Bartender: "Charlie, you left your iPhone again."
    Customer: "sorry Phil, but it's cheaper than buying commercials."
    Bartender: "Maybe, but my customers customers keep ending up in jail."
  • Re:not a felony (Score:4, Insightful)

    by Revotron (1115029) on Wednesday October 12, 2011 @11:05AM (#37690546)
    This is legally false.

    Leaving something in a location does not mean it's no longer your property. Even if he did trust it to the hands of a "tech junky", it's still Apple's property. By selling the device, the "finder" illegally converted the phone to HIS sole possession and control. Why? Because you can't sell something that's not yours, so obviously he took the phone to be his own property.

    When you maintain control over something that is not your property and you make it your property with no intent to return it to the owner, that is a crime, and it's called "conversion". It's like embezzlement, but without money - you've been trusted with something and you misappropriated it. The fact that he then SOLD the goods that were unlawfully converted constitutes a second crime, the sale of stolen property.

    Nice attempt at spinning it into a harmless "finders-keepers" bit, but you failed miserably. Don't believe me? Ask a lawyer.
  • by jeffmeden (135043) on Wednesday October 12, 2011 @11:15AM (#37690710) Homepage Journal

    If you spot a lost cell phone, ignore it. Don't touch it, don't look at it, don't ponder it, and above all, don't be the one who calls attention to it. Just keep moving. In today's environment of runaway government, chances are high you will be punished for trying to do right, rather than rewarded as one should be.

    Holy tinfoil hat... Michelle Bachmann, is that you? This case is not even remotely about someone trying to do the "right thing", by any stretch of the imagination. A guy found some lost property and immediately tried to sell it, which in almost every sane, law abiding nation, is a CRIME. He got punished. I think the protest down at the Crymeafuckin river is missing you sorely, why don't you get back to it?

  • by Missing.Matter (1845576) on Wednesday October 12, 2011 @11:21AM (#37690834)

    What ever happened to finders keepers?

    Do you apply kindergarten playground law to all of your moral dilemmas? Shoving people when they're mean to you, crying when you don't get your way? In adult land, we try to hold ourselves to a higher standard than 6 year olds.

  • by E IS mC(Square) (721736) on Wednesday October 12, 2011 @11:49AM (#37691202) Journal
    wow, fanboi rage!!

Machines certainly can solve problems, store information, correlate, and play games -- but not with pleasure. -- Leo Rosten

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