MacPadd.com "It's the mousepadd for your Mac!"

Posted on April 29, 2010

Sometimes We Are Unintentionally Reviewed by Unethical People and Companies
(Like Jason Chen and Gizmodo)

The Lost iPhone Saga
For those who aren't familiar with the most "scandalous" of Tech stories right now, let us fill you in on whats going on over at Apple and Gizmodo. It really starts to give you all an idea with the type of organizations we are dealing with.

Just recently, an Apple Engineer, while off work at a California bar, accidentally left his cellphone there. No big deal, right? We have all probably lost cellphones at one point at another in our lifetime. However this cell phone happened to be possibly the new iPhone. A phone that was still in development/prototype phase. The phone was discovered on a bar stool sometime after the Apple Engineer left the establishment. It was then discovered by an Anonymous person, who upon further investigation, realized that what he found was no ordinary iPhone.

How Gizmodo Got The Device
With a different look and feel, and certainly some enhancements, he realized what a great "find" he had. Word got out, and he and Gizmodo starting talking money. Gawker Media paid him $5000 for the phone.

Within hours the internet was set ablaze with photos, videos, and indepth analysis of the prototype. Gizmodo's main page read "We got it. We disassembled it. It's the real thing, and here are all the details." More articles and more rumours began circulating around the blogosphere.
http://gizmodo.com/5520164/this-is-apples-next-iphone

Apple Responds
Obviously this was a leak, and was in the best interest of Apple to get their test unit back. Not only because of the supposed value of the device, but merely that it's company property, Jason Chen has advertised the fact he had it, and taken it apart. Apple's lawyers sent him a letter asking for it back. Chen replied with a sarcastic email saying that they would be more than willing to return it on the condition that they admit this is their new device.

I told them, all they have to do to get it back is to claim it—on record.

....

P.S. I hope you take it easy on the kid who lost it. I don't think he loves anything more than Apple.

http://gizmodo.com/5520479/a-letter-apple-wants-its-secret-iphone-back

Quite an arrogant move. Chen was trying to corner the computer maker to admit that the new iPhone was indeed the lost prototype they bought off "some random guy at a bar." Jason Chen, Nick Denton, and Gawker Media may have to learn the hardway: Apple is a company to be respected. If you don't, they will make you respect them even if it means a hefty lawsuit. Respect their intellectual property, repect their trademarks, and for godsake! Don't upset Steve! (he gets cranky when fanboys bother him - he has a company to run, ya know!?).

The Gizmodo Approach
Around the internet, as far as our research can tell, the route in which it got back to Apple headquarters is a grey area. One is to believe there has been quite a bit of posturing and positioning between each company's respective legal departments. Despite the apparent leak and legal ramifications; Jason Chen, Jesus Diaz, and Gawker Media sunk to new lows. They posted yet another article. This time revealing the identity of the Apple employee, personal information, his picture, and Facebook profile. The article then went on to talk about how they had bypassed Apple's "(Almost) Impenetrable Security" but what we read was an invasion of personal privacy. Especially when it looks like they posted photos from the iPhone itself. Meaning they had access to possibly sensitive data that could have been on there.

The article even seemed to want to taunt the engineer himself. As if they were intent on ridiculing him. How it was "a dream job for a talented engineer like Powell, an Apple fan who always wanted to meet Steve Jobs." Talking about his personal interests, and saying the night he lost the phone, was his 27th birthday.
"Well, Happy Birthday from Gawker Media! Hope we ruined it for you!"
Poor kid. After all of his hard work, time, energy, and schooling - some fanboy who doesn't have the talent to get a job at Apple spends $5000, and then tries to publically humiliate him on a blog for something that all humans are capable of doing: losing a cellphone.
http://gizmodo.com/5520438/how-apple-lost-the-next-iphone

R.E.A.C.T. reacts

Last Friday, a special computer-crime task force made up of different law enforcement agencies searched Chen's house and car in Fremont, Calif., and took computers, servers and accessories.

The search warrant said the computer and other devices may have been used to commit a felony. Investigators also seized Chen's credit card bills and copies of his cheques.

http://www.cbc.ca/technology/story/2010/04/28/tech-apple-iphone.html#ixzz0mR7XLYXi

Gizmodo editors are, in fact, a target of a criminal probe into the possession or purchase of stolen property, the search warrant served on editor Jason Chen on Friday appears valid.
http://news.cnet.com/8301-13579_3-20003539-37.html

Why Gizmodo is NOT Journalism
The mentality, morality, and corporate culture at Gawker Media can be summed up by Nick Denton himself speaking to the Washington Post: "We don't seek to do good. ... We may inadvertently do good. We may inadvertently commit journalism. That is not the institutional intention."
http://www.washingtonpost.com/wp-dyn/content/article/2009/06/21/AR2009062101822.html

So now that Mr. Denton has set that precedent, it explains like articles like the iPhone and MacPadd can get published. If they truly were journalists in the free press, they would at least attempt to adhere to their profession's code of conduct.

  • Always question sources’ motives before promising anonymity.
  • They should not oversimplify or highlight incidents out of context.
  • Distinguish between advocacy and news reporting. Analysis and commentary should be labeled and not misrepresent fact or context.
  • Avoid undercover or other surreptitious methods of gathering information except when traditional open methods will not yield information vital to the public.
  • Show compassion for those who may be affected adversely by news coverage.
  • Recognize that gathering and reporting information may cause harm or discomfort. Pursuit of the news is not a license for arrogance.
  • Be wary of sources offering information for favors or money; avoid bidding for news.
  • Remain free of associations and activities that may compromise integrity or damage credibility.
  • Expose unethical practices of journalists and the news media.

http://www.spj.org/ethicscode.asp

If Gizmodo were indeed "the press" - they would at least be operating their organization with some of these principals in mind. If one truly were a member of the press, and ran an organization that published an article with so many ethical concerns; What would that say about the personal character of those in charge of that organization? Loads, apparently.

Internet Unsympathetic

The Web appears to be unsympathetic toward Chen and Gizmodo, not only because of the sketchy legality surrounding their acquisition of the iPhone prototype, but because of how Gizmodo outed the engineer who lost the prototype.
But if Gizmodo is looking to play the "integrity" card (complete with arguments that "it's the public's right to know" and "the press is the watchdog of big corporations such as Apple"), they may have screwed themselves over with their actions.

http://www.pcworld.com/article/195035/iphone_prototype_web_reacts_to_police_raid_on_gizmodo_editors_house.html

A commenter over at Digg, OneManArmy, says, "They had it coming. After publicly humiliating that Apple engineer that lost the phone, posting his name and facebook photo for millions to see I have no sympathy for them."

In The End...

  • Gray Powell had a job, and worked really hard.
  • He celebrated his birthday and lost his cellphone.
  • Some guy found it, and fenced it to Jason Chen/Gawker Media.
  • Jason Chen and Gawker Media knew the history of the device, and paid thousands of dollars for it.
  • They probably would have bought it and acted the same if Gray Powell was mugged, beaten, and had his cellphone stolen.

Click Here

http://gizmodo.com/5402260/sometimes-we-unintentionally-endorse-bad-companies-like-macpadd

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Posted on January 7, 2010

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Posted on December 26, 2009

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