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Found: The iPhone prototype finder

Wired has located and interviewed the man who "found" Apple's lost prototype iPhone in a Redwood City bar: 21-year-old Brian Hogan. With a statement from his attorney, Hogan has shed a great deal of light on the ongoing saga of Gizmodo's premature unveiling of Apple's next-gen iPhone. The story, as told by Hogan, supposedly goes like this:

Another bar patron handed Hogan the iPhone when the patron found it lying on a nearby barstool. This patron asked Hogan if it was his iPhone, then abruptly left. Hogan asked nearby bar patrons if the phone belonged to them. When no one said it was theirs, he and his friends left with the iPhone. Critically, there's no mention that Hogan made any effort to leave the phone with the bartender, which is what I probably would have done in that situation. [Ed: After you put together a hands-on and gallery for TUAW, you mean.]
Hogan opened the iPhone onto a Facebook page (which Gizmodo claimed identified the phone's owner as Apple engineer Gray Powell), but he said the phone immediately died after that and remained inoperative from then on. Hogan eventually removed the device's "fake 3GS" cover and realized what he'd found in a bar -- the next iPhone. One of his friends offered to call AppleCare on his behalf, but as far as his efforts to put the phone back in Apple's hands, that was it. Bar owners said no one contacted them about the phone, and Gray Powell showed up at the bar numerous times to see if anyone had found it. Once again, if Hogan had done what the rest of us probably would have done and left the phone with the bartender, this whole situation likely never would have happened.

Hogan "regrets his mistake in not doing more to return the phone." No word on whether he also regrets the $5000 Gizmodo reportedly paid him, supposedly for "exclusive access to review the phone." Hogan says Gizmodo assured him "that there was nothing wrong in sharing the phone with the tech press." I'm not an attorney myself, but just at a guess, that argument probably isn't going to hold up if this goes to court. Hogan (or someone acting on his behalf) reportedly approached Wired before Gizmodo, but Wired passed on seeing the device after "a thinly veiled request for money."

His attorney tries to paint Hogan as an upstanding young man, "the kind of young man that any parent would be proud to have as their son." That having been said, Hogan definitely erred when he gave the prototype to Gizmodo instead of Apple. It remains to be seen what consequences, if any, he will suffer as a result of that error.




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Wired has located and interviewed the man who "found" Apple's lost prototype iPhone in a Redwood City bar: 21-year-old Brian Hogan. With a...
 

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urbancowboy81181

The more I think about this, and the more I read regarding the circumstances, the more it sounds like it was planted in this kid's hands for a publicity stunt...

May 03 2010 at 2:39 PM Report abuse rate up rate down Reply
colouroflight

Oh yes, leave it with the bartender. HE would have left work immediately and driven it over to Infinite Loop and left it in a safe on the lawn with an apologetic note. Because he's such a blue-collar rube that he doesn't know anything about Apple products and would NEVER realize the journalistic and monetary value of what he had in his hands, right?

It doesn't matter whether Hogan or the bartender had it. The damage was done as soon as Gray left without it.

May 03 2010 at 10:19 AM Report abuse rate up rate down Reply
Zews

@ Mike

Actually, ... you are the ignorant one.

April 30 2010 at 12:49 PM Report abuse rate up rate down Reply
Boyo

The only theft truly going on in this case is what all the lawyers are going to do with it. Apple needs to just back off and realizes mistakes happen, and free press can be a good thing.

The blow back from this can now only hurt them, as pointed out by Jon Stewart.

April 30 2010 at 10:36 AM Report abuse rate up rate down Reply
Hammurabi

Perhaps we are all forgetting one of the most important litigation tools and game changers of all time! Expressed in humanity and all life forms with nervous systems: * Finders Keepers Losers Weepers *

April 30 2010 at 6:39 AM Report abuse rate up rate down Reply
1 reply to Hammurabi's comment
Scott

Quoting an infantile taunt as "one of the most important litigation tools and game changers of all time" is utterly absurd. This is not a civil, adult approach.

April 30 2010 at 10:08 AM Report abuse rate up rate down Reply
Glenn Gore

I'm just amazed at how many posters on here have absolutely no sense of right and wrong, good or evil, basic common sense and decency. I guess no one teaches that to their children any more, so they can just wander through life with no sense that anything they do might be wrong, or have consequences, etc. Just amazing.

April 30 2010 at 6:16 AM Report abuse rate up rate down Reply
1 reply to Glenn Gore's comment
Scott

Amen brother, amen.

April 30 2010 at 10:01 AM Report abuse rate up rate down Reply
pinner

i would of just black mailed apple n got a lot of shit out of it. but yea it wack how apple waited to report it stolen.

April 30 2010 at 6:11 AM Report abuse rate up rate down Reply
Khalil Amar

And now he is going to spend the 5000$ on attorney fees or even more... Isn't it ironic?

April 30 2010 at 5:58 AM Report abuse rate up rate down Reply
Herchu

Let me see if I've got it.
Are we saying that in California if I find something in bar and I don't give it to the bartender I would be committing a felony? (Felony in Common Law is a serious crime.)
Same if I find the thing in a bus and don't give to the driver?
Now; if the place were a street, do I have to give it to who? Local police, the waittress of the resto close by, the mayor, go to the county precinct?

Ethics aside, have this rule been tested at court before? Specifically, the "reasonable effort" wording.

April 30 2010 at 5:39 AM Report abuse rate up rate down Reply
1 reply to Herchu's comment
rogerruthberg

No, you don't have it right. Finding something in a bar and not giving it to the bartender is not a felony. Finding something in a bar AND KEEPING IT is the problem!

April 30 2010 at 10:33 AM Report abuse rate up rate down Reply
sumdum_guy

Chen/Gizmodo knew what he was doing when he was doing it. He said so himself when Adam Carolla interviewed him. Bloggers like to claim they are journalists, but don't want to behave like journalists. Can't have it both ways. Gizmodo + crew relinquished all and any bona fides of true journalists when they pulled that crap at CES walking around and surreptitiously turned off exhibits with that hidden remote.

April 30 2010 at 5:24 AM Report abuse rate up rate down Reply
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