法律英语：75 Lost and Stolen Property

by Adam Freedman

Today’s topic: Raiders of the Lost iPhone!
And now, your daily dose of legalese: This article does not create an attorney-client relationship with any listener. In other words, although I am a lawyer, I’m not your lawyer.  In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.
Apple Versus¹ Gizmodo
I’ve been getting a lot of questions about the recent incident in which a prototype fourth-generation iPhone was lost by an Apple engineer and made its way into the hands of Tech blog Gizmodo. So many questions, in fact, that I’m devoting two full articles to the various legal issues involved in the tale of the now-famous lost iPhone.
In today’s article, I’m going to explore whether the phone was technically² “stolen” under the law. In my next article I’ll look at whether Gizmodo can get into trouble for having published details about the iPhone, or whether the First Amendment³ protects them.
The podcast edition of this tip was sponsored by Go To Meeting. Save time and money by hosting your meetings online. Visit GoToMeeting.com/podcast and sign up for a free 45 day trial of their web conferencing solution.
What Is the Difference Between “Stolen” and “Found”?
Readers Mervin, Mike H. and Mike C. all want to know whether there’s any truth to the accusation⁴ that the lost iPhone was “stolen” by the person who found it. After all, what about “finders keepers, losers weepers?”
It’s a great question. The quick answer is that both Gizmodo and the student who originally found the iPhone could face civil or criminal charges based on their conduct. But they also have some plausible⁵ defenses, which I’ll explain in a moment.
The iPhone Saga⁶: The Story So Far
First, a quick recap of the iPhone saga. On March 18, 2010, Apple engineer Gray Powell went to a German-style “beer garden” in Redwood City, California and, after downing a few steins, exited the bar but without the next-generation iPhone he had been carrying. The phone was found by a college student named Brian Hogan who eventually sold it to Gizmodo, which proceeded to post a detailed⁷ review of the device, complete with photos and technical specifications⁸. Next thing you know, Silicon⁹ Valley cops launch an investigation¹⁰, including a search of the home of Gizmodo editor Jason Chen.
Is “Finders Keepers” Legal?
Before we get to Gizmodo’s conduct, we have to ask whether the college student Brian Hogan did anything wrong, to which the answer is: quite possibly, yes. It turns out that those kids who taunted¹¹ you with cries of “finders keepers” had it all wrong. Under common law, a person doesn’t relinquish¹² title to his personal property merely because he loses or mislays it. Generally, the person who finds the property is required to hand it over to the rightful owner, provided he makes himself known within a reasonable time.
Given this legal background, one can understand why train stations have always had “lost and found” departments rather than “hey, would you like to buy some used luggage” departments.  That’s also why, when you rush back into a restaurant to collect the umbrella, or wallet--or, indeed, the cell phone--that you left behind, you expect the item to be returned to you.
California Law Puts Special Obligations on Finders
In this case, Hogan may have violated a provision of California’s Civil Code, which states that if a person takes possession of lost property, he or she must either return it to the owner or turn it in to the police. It appears that Hogan took a third option: sell to the highest bidder¹³. But Hogan’s actions do not necessarily amount to “theft” under California criminal law. That depends on whether he made “reasonable and just efforts” to find the property owner. According to reports, Hogan did try to notify Apple that he had found the phone, but Apple allegedly did not follow up.
Did Gizmodo Commit a Crime by Buying the iPhone?
If Hogan did commit a crime, then arguably Gizmodo also committed a crime. That’s because it is a separate offense¹⁴ for one person to buy purloined¹⁵ property from another--this is the crime commonly known as “receipt of stolen goods.” But in order to be guilty of this crime, Gizmodo must have known that the phone had been stolen. Gizmodo may argue that it had no idea how Hogan obtained the device--perhaps no questions were asked.   Also, given that the line between finding and stealing can depend on the subjective¹⁶ question of whether Hogan made “reasonable and just efforts,” Gizmodo may be able to claim that there was no way for it to be sure that the phone was, technically, stolen. 
But that’s not the end of the story. Gizmodo didn’t just buy the new-fangled iPhone, it published details about it over the Internet. And that raises a bunch of other legal claims and counterclaims that I’ll discuss in my next article, which I hope you’ll listen to or read on your own mobile device--and not anyone else’s.
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁷ Life. Thanks again to our sponsor this week, Go To Meeting. Visit Go To Meeting.com/podcast and sign up for a free 45 day trial of their online conferencing service. That’s Go To Meeting.com/podcast for a free 45 day trial.
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1 versus   

prep.以…为对手，对；与…相比之下

参考例句：

• The big match tonight is England versus Spain.今晚的大赛是英格兰对西班牙。
• The most exciting game was Harvard versus Yale.最富紧张刺激的球赛是哈佛队对耶鲁队。

2 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

3 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

4 accusation   

n.控告，指责，谴责

参考例句：

• I was furious at his making such an accusation.我对他的这种责备非常气愤。
• She knew that no one would believe her accusation.她知道没人会相信她的指控。

5 plausible   

adj.似真实的，似乎有理的，似乎可信的

参考例句：

• His story sounded plausible.他说的那番话似乎是真实的。
• Her story sounded perfectly plausible.她的说辞听起来言之有理。

6 saga   

n.(尤指中世纪北欧海盗的)故事，英雄传奇

参考例句：

• The saga of Flight 19 is probably the most repeated story about the Bermuda Triangle.飞行19中队的传说或许是有关百慕大三角最重复的故事。
• The novel depicts the saga of a family.小说描绘了一个家族的传奇故事。

7 detailed   

adj.详细的，详尽的，极注意细节的，完全的

参考例句：

• He had made a detailed study of the terrain.他对地形作了缜密的研究。
• A detailed list of our publications is available on request.我们的出版物有一份详细的目录备索。

8 specifications   

n.规格；载明；详述；（产品等的）说明书；说明书( specification的名词复数 )；详细的计划书；载明；详述

参考例句：

• Our work must answer the specifications laid down. 我们的工作应符合所定的规范。 来自《简明英汉词典》
• This sketch does not conform with the specifications. 图文不符。 来自《现代汉英综合大词典》

9 silicon   

n.硅(旧名矽)

参考例句：

• This company pioneered the use of silicon chip.这家公司开创了使用硅片的方法。
• A chip is a piece of silicon about the size of a postage stamp.芯片就是一枚邮票大小的硅片。

10 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

11 taunted   

嘲讽( taunt的过去式和过去分词 )； 嘲弄； 辱骂； 奚落

参考例句：

• The other kids continually taunted him about his size. 其他孩子不断地耻笑他的个头儿。
• Some of the girls taunted her about her weight. 有些女孩子笑她胖。

12 relinquish   

v.放弃，撤回，让与，放手

参考例句：

• He was forced to relinquish control of the company.他被迫放弃公司的掌控权。
• They will never voluntarily relinquish their independence.他们绝对不会自动放弃独立。

13 bidder   

n.(拍卖时的)出价人，报价人，投标人

参考例句：

• TV franchises will be auctioned to the highest bidder.电视特许经营权将拍卖给出价最高的投标人。
• The bidder withdrew his bid after submission of his bid.投标者在投标之后撤销了投标书。

14 offense   

n.犯规，违法行为；冒犯，得罪

参考例句：

• I hope you will not take any offense at my words. 对我讲的话请别见怪。
• His words gave great offense to everybody present.他的发言冲犯了在场的所有人。

15 purloined   

v.偷窃( purloin的过去式和过去分词 )

参考例句：

• You have chosen align yourself with those who have purloined the very seat of your existence. 你们选择了将自己与那些盗取了你们存在之真正席位的人相校准。 来自互联网

16 subjective   

a.主观(上)的，个人的

参考例句：

• The way they interpreted their past was highly subjective. 他们解释其过去的方式太主观。
• A literary critic should not be too subjective in his approach. 文学评论家的看法不应太主观。

17 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。