Jason Chen

More than a year later, Gizmodo skirts legal repercussions for the iPhone 4 prototype incident.

Given the hype the iPhone 5 (which, mind you, hasn’t even been announced) has incurred, the iPhone 4 isn’t getting much attention these days. But if you can, reach back to last year when Gizmodo was able to get its hands on a prototype iPhone 4–and was shortly thereafter on the chopping block for allegedly buying stolen property.

Gizmodo was accused of receiving stolen merchandise from a man later identified as Brian Hogan, warrants were issued (and retracted), apartments were searched, and the case has dragged on since. Today, the site is officially off the hook. “We are pleased that the District Attorney of San Mateo County, Steven Wagstaffe, has decided, upon review of all of the evidence, that no crime was committed by the Gizmodo team in relation to its reporting on the iPhone 4 prototype last year. While we have always believed that we were acting fully within the law, it has inevitably been stressful for the editor concerned, Jason Chen, and we are glad that we can finally put this matter behind us,” says Gawker Media, Gizmodo’s parent company.

Unfortunately, the guys that actually pilfered the phone and offered it up to various sites for a price aren’t getting off so easy. Misdemeanor theft charges have been filed against Hogan and Sage Wallower.  If you recall, Hogan claimed to have found the phone left by an Apple engineer at a bar. He then took it, looped Wallower in, and they conspired to sell photos and the device to tech publications. Gizmodo seized the opportunity (for a reported $5,000), but was eventually forced to hand the device back over to Apple.

Check out the District Attorney’s statement below. 

Showing 6 comments

  1. Scott Kleinberg at 11:49pm 10th August 2011 Ridiculous.
  2. Chris Johnson at 8:29pm 10th August 2011 This whole situation still doesn’t sit well with me. I’m not sure I like the idea of someone finding something that was “lost” being charged with “misappropriation of lost property.” Not knowing Brian Hogan or being in the situation, I have no idea how all this went down but should have Brian turned the item over the police? Maybe. In most states, after a set period passes the item gets auctioned up; can the police then be charged with misappropriation if a owners comes forth or is there a statute on when something no longer is yours?It’s interesting that Gizmodo was in trouble for buying stolen property but since the charges became “misappropriation of lost property”, the end user couldn’t be charged of having stolen property, pretty good legal tactics there.
  3. Josh Smith at 8:25pm 10th August 2011 Aw now they will no longer get butt hurt with Apple, and begin praising them again like that they are the best thing since sliced bread.
  4. Jon Ireson at 8:17pm 10th August 2011 just in time for them to steal an iphone 5! do it!!!!!!!!!!!!! fuck the law!!!
  5. Mike Dunn at 11:39am 10th August 2011 Such a crazy story back then. I know Gizmodo's traffic went crazy after that, but I think they were also semi-banned from Apple events for a year. I wonder now that everything is said and one if they would have done the same thing again.
  6. JohnnieK at 11:25am 10th August 2011 wow, apple really unleashed the hounds on this one . . .
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