iPhone 4G, was it a hoax set up by Apple?

Did Gizmodo really take a bite out of Apple?  Yesterday Apple sent a letter to Gizmodo claiming ownership of the supposed iPhone 4G prototype that Gizmodo has in its possession. Gizmodo, of course, posted up a snapshot of the letter.  Is this all part of an elaborate hoax to generate buzz about the iPhone 4G? I’m not leaning one way or another without more information and that information should come soon. What information? If Apple files a lawsuit against Gizmodo, then it’s not a hoax. If Apple does not file a lawsuit, it’s a hoax. It’s that simple.

Joe Wilcox at BetaNews lays out a compelling legal case for Apple to prevail against Gizmodo. There may even be grounds for criminal charges. Section 485 of the California Penal Code provides that:

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.

What really crossed the line is tearing down the supposed iPhone 4G prototype. This was not necessary to determine the identity of the true owner. The phone has Apple’s ubiquitous logo imprinted on the back. It was abundantly clear to Gizmodo who owns the device. If you need any proof of this fact, consider that Gizmodo actually paid something like $5,000-$10,000 for a non-working smartphone. Further, the teardown reveals to competitors Apple’s closely guarded trade secrets.

While everyone was interested in the sneak peak (Gizmodo registered several million website hits), it’s really bullshit that Gizmodo paid-and-posted a teardown of the phone. If you were to find a car parked in your driveway, you cannot disassemble the car. It’s not your property.

Recommended Reading: the Joe Wilcox article in BetaNews.

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