tagged w/ Jason Chen
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Tonight on The Daily Show, Jon Stewart gave his take regarding Gizmodo's iPhone exclusive and the subsequent police raid on Jason Chen's home. Speaking directly to Apple and Steve Jobs, Stewart didn't hold back his criticism of them.
Stewart first talked about how "excited" he was to see Gizmodo's report, before mocking the circumstances that led to its acquisition of the device.
Then, Stewart questioned whether it was necessary for Chen's home to be raided, stating, "the Gizmodo reviewer gets the meth lab in the basement treatment after he'd already given the phone back," before talking about how "creepy" Apple—or the "Appholes," as the screen called the company—was for its handling of the case.
Finally, Stewart delivered a direct address to Apple and Jobs in which he criticized the company for its increasing paranoia and obsessive control over the information related to its products, and also took some hilarious shots at AT&T.
http://www.thedailyshow.com/watch/wed-april-28-2010/appholesTonight on The Daily Show, Jon Stewart gave his take regarding Gizmodo's iPhone... more
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Apple is apparently responsible for the criminal investigation into the lost iPhone prototype and the subsequent police raid on Gizmodo editor Jason Chen’s home.Apple is apparently responsible for the criminal investigation into the lost iPhone... more
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The real question is whether Apple has a civil case against Chen or Gawker Media for violating patents and trade secrets by knowingly publishing an insanely detailed dissection of the obvious iPhone prototype. Gizmodo claims they weren’t sure what the device was at first, but that’s a nonsense defense for tech experts who analyze these products for a living. Rather, I think Slate’s take on the law is probably more accurate:
Can Gizmodo get into legal trouble for disclosing Apple’s trade secrets?
Yes. California’s Uniform Trade Secrets Act prohibits the theft or disclosure of legitimate commercial secrets. The state law does not distinguish between rogue employees, corporate spies, and the media, all of whom can be liable under the act. Nor does it matter that Gizmodo obtained the information secondhand—what’s important is the fact that the prototype was a secret and the tech blog either knew or should have known that it was acquired improperly. Both of these conditions seem to be satisfied, according to Gizmodo’s own account of what happened.
What Gawker should fear are the armies of people at Motorola (MOT), HTC, Nokia (NOK), LG, Samsung, and Blackberry (RIMM) reverse engineering this thing. That’s going to add up to a lot of damages if Apple can make a legitimate case under the law. In fact, this case may bankrupt Gawker Media given the prospective damages to Apple. We should find out very soon.
Here is a complete recount of the iPhone-Gizmodo drama:
http://wallstcheatsheet.com/breaking-news/will-the-iphone-saga-bankrupt-gawker-media/?p=10198/The real question is whether Apple has a civil case against Chen or Gawker Media for... more
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(Silicon+Alley+Insider)
Earlier today, we told you police busted into Gizmodo editor Jason Chen's home and seized his property, arguing that evidence in Chen's house might contain information about a felony pertaining to a "stolen" iPhone prototype.
According to California state law, Chen could be convicted of buying stolen property "if he knew the goods were stolen at the time of receipt." According to Gizmodo, the seller of the iPhone "asked around" at the bar where he found it. When he realized it was an Apple prototype, he made several phone calls to the company.
If Chen (or anyone else) were convicted of a felony for receiving stolen property or aiding a thief, he could be sent to state prison or county jail for up to 1 year, according to this explanation from Stephen G. Rodriguez, a Los Angeles criminal attorney. The prison term is based on the severity of the crime: the value of the stolen property and his prior criminal record. It is also based on how vindictive the judge wants to be on behalf of the DA (and Apple) "in the interests of justice."
If Chen was charged with a misdemeanor, which is charged when the property stolen is worth under $400, he might have only had to pay a fine. But of course, we all know an iPhone prototype is much more valuable to Apple (and Gizmodo) than $400.(Silicon+Alley+Insider)
Earlier today, we told you police busted into Gizmodo... more
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Authorities in California confiscated the computers and servers of Gizmodo editor Jason Chen in an investigation related to the lost iPhone 4G prototype.Authorities in California confiscated the computers and servers of Gizmodo editor... more
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Last Friday night, California's Rapid Enforcement Allied Computer Team entered editor Jason Chen's home without him present, seizing four computers and two servers. They did so using a warrant by Judge of Superior Court of San Mateo. According to Gaby Darbyshire, COO of Gawker Media LLC, the search warrant to remove these computers was invalid under section 1524(g) of the California Penal Code.
Here is all the documentation (Jason Chen's personal details are pixelated).
[Jason Chen's account of the events]
http://cache.gawkerassets.com/assets/images/4/2010/04/chen_account.pngLast Friday night, California's Rapid Enforcement Allied Computer Team entered... more
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