从几个星期前开始,由于工作性质已经熟悉苹果下一代iPhone的细节,一些iPhone工程师被授权开始使用苹果公司校园外的后期预生产单元有效,他们成了允许使用这些手机作为日常携带iphone严格的附带条件管辖这些单位它们必须保留在旨在使它们与(包裹的)iPhone 3G / 3GS无法区分的情况下这样的单位是不允许被证明或透露给任何人不是朋友,不是配偶。

据Gizmodo说,附在该单元上的其中一个条形码为“N90_DVT_GE4X_0493”有消息说,(我的)熟悉项目,“N90”是苹果的代号为第四代GSM iPhone,预计今年6月或7月面世“DVT”代表“设计验证测试”,一个苹果生产的里程碑The DVT milestone is very late in the game; based on this, I now believe that this unit very closely, if not exactly, resembles what Apple plans to release.

Why did Apple, so secretive about unreleased products, allow these units to be used off-campus? There’s simply no other way to test a phone即使保持最大可行的保密程度,也有数十个近期单位在生产前几个月进行现场测试(对于除手机以外的Apple产品也是如此,但我认为由于蜂窝网络测试的性质,iPhone的做法更为普遍。)

一年前的3GS和前一年的3G也是如此The original iPhone was announced six months before it went on sale; in the interim between the January announcement and its debut in stores at the end of June, limited numbers of them were used for field testing.1




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.


If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it.



The only mental state mentioned in Penal Code section 485 is the perpetrator’s “knowledge.” The crime is defined in terms of two acts, one omission, and one mental stateThe perpetrator commits this offense if he or she (1) finds lost property (an act), (2) appropriates it (an act), (3) fails to make “reasonable and just efforts” to find the owner and restore the property to the owner (an omission), and (4) does so with knowledge of the true owner or means of inquiry as to the true owner (a mental state)Nowhere in the statutory definition of the offense is there any suggestion that the perpetrator must harbor any additional specific intent.



在这种特殊情况下,这些人这样做,手机会回到其应有的主人,谁,在失去它,多次打电话给酒吧询问是否已经上交即使这款手机的“发现者”没有发生这种情况,也没有发生在它失去的那一天晚上它被丢失了,所有他们不得不做的,在任何时候three weeks在把它卖给Gizmodo之前,把它带回酒吧,或者只是打电话给酒吧,询问失去它的那个人是否打电话要求它。


在那段时间里,他一起玩It seemed like a normal iPhone“I thought it was just an iPhone 3GS,” he told me in a telephone interview“它看起来就像一个I tried the camera, but it crashed three times.” The iPhone didn’t seem to have any special features, just two bar codes stuck on its back:8800601pex1andN90_DVT_GE4X_0493Next to the volume keys there was another sticker:iPhone SWE-L200221. Apart from that, just six pages of applicationsOne of them was Facebook.


考虑返回电话第二天,他离开了When he woke up after the hazy night, the phone was deadBricked remotely, through MobileMe, the service Apple provides to track and wipe out lost iPhonesIt was only then that he realized that there was something strange that iPhoneThe exterior didn’t feel right and there was a camera on the frontAfter tinkering with it, he managed to open the fake 3GS.

Note that you are not permitted by law to disassemble found items.

There it was, a shiny thing, completely different from everything that came before.

He reached for a phone and called a lot of Apple numbers and tried to find someone who was at least willing to transfer his call to the right person, but no luckNo one took him seriously and all he got for his troubles was a ticket number.

He thought that eventually the ticket would move up high enough and that he would receive a call back, but his phone never rangWhat should he be expected to do then? Walk into an Apple store and give the shiny, new device to a 20-year-old who might just end up selling it on eBay?



把它带回酒吧把它放在邮件中使用Facebook向失去它的工程师发送消息或者,为什么take it to an Apple Store? That’s a circuitous route, but this bit from Gizmodo’s report:

Walk into an Apple store and give the shiny, new device to a 20-year-old who might just end up selling it on eBay?

盗贼是怎么想的 - 其他人都像他们一样不诚实把它带到一家Apple商店,要求经理,然后将其交给苹果手中的手机。



考虑一下,我们被要求相信这个故事的每一个巧合What are the odds that the person who happened to be sitting next to the Apple engineer who lost such a phone would recognize it as something other than an existing consumer iPhone? It was snapped into a 3G/3GS-sized caseThe screen is higher resolution, yes, but how many random people in a bar — even in Silicon Valley — would notice that? And they knew it might be worth thousands of dollars if offered to a site such as Gizmodo.

In my book, anyone who did this with a phone left on a bar stool would be just as likely to, say, take it out of someone’s jacket pocket if they noticed its unusual nature while the engineer was using it at the bar — which we know the engineer did, given that he updated his Facebook page that evening with a comment regarding the quality of the beer he was drinking没有任何理由可以采取任何盗贼声称的面值,特别是当它全部通过Gizmodo过滤时,Gizmodo对绘制一幅他们没有意识到他们购买被盗财产的图片有着决定性的兴趣。



(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. However, if the district attorney or the grand jury determines that this action would be in the interests of justice, the district attorney or the grand jury, as the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), specify in the accusatory pleading that the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year.

鉴于Gizmodo声称为该设备支付了5,000美元,后半部分(关于价值低于950美元的财产)不适用将手机卖给Gizmodo的人显然是以构成盗窃的方式获得的,无论他们是否真的在酒吧凳子上找到它或者其他方式毫无疑问,Gizmodo掌握了手机,因为他们已经发布了编辑Jason Chen持有它的照片和视频


首先,Gizmodo羞怯地表示他们自己对卖家的尝试故事感到满意,并且 -唉!- 失败,通过拨打面向消费者的电话号码将手机返回Apple无论卖家是否真的相信回归手机是真诚的努力,Gizmodo的编辑会让我们相信他们自己相信Apple没有兴趣恢复这个部门吗?

Gizmodo对他们故意购买被盗财产的声称的主要防御是,他们不知道该单元是否真的是一个真正的Apple原型,直到他们获得它并检查它当发布Apple的书面请求让该单位归还给他们时,Gizmodo编辑总监Brian Lam还发布了他声称是他的电子邮件回复

很高兴你能选择这件事Was burning a hole in our pocketsJust so you know, we didn’t know this was stolen when we bought itNow that we definitely know it’s not some knockoff, and it really is Apple’s, I’m happy to see it returned to its rightful owner.

附:我希望你放轻松的孩子丢失了I don’t think he loves anything more than Apple except, well, beer.

请注意,我引用了Lam对Apple的声称回复的原始版本,我保存了一份副本,并将其公开存档在Cult of Mac在Gizmodo的网站上,这个回复被编辑(之后我特别指出Lam使用“被盗”这个词,现在它写道:

很高兴你能选择这件事Was burning a hole in our pocketsJust so you know, we didn’t know this was stolen [as they might have claimed来自Apple的真实和真实的意义It was found, and to be of unproven origin] when we bought itNow that we definitely know it’s not some knockoff, and it really is Apple’s, I’m happy to see it returned to its rightful owner.

附:我希望你放轻松的孩子丢失了I don’t think he loves anything more than Apple.

括号(标点和大写的胡言乱语SIC加入了,并且取消了关于啤酒的刀刺球请记住,这不是编辑博客文章 - 这是Lam和Gizmodo所声称的对Apple发送给Apple高级副总裁兼首席法律顾问Bruce Sewell的回应。





进一步说,在收到电话,Gizmodo检查它”约一周” before they began publishing their photos of the device无论他们在一开始就对其合法性提出什么问题,都没有用六天的时间来弄清楚这是真的与此同时,他们保密,并没有将其退回或通知Apple。





  1. I don’t know what Apple would do with prototypes for a new iPhone that had a radically new industrial design, such that they couldn’t be disguised as an existing consumer iPhone using a case. ↩︎