Tue, Jun. 23rd, 2009, 10:40 am
[info]wtf: Property law versus internet lawyers: FINDERS KEEPERS!

Okay guys! I'm not sure if I'm doing this right, so please go easy on me! ;D

Here's the story: Man accidentally leaves his iPhone in a bar, where it is stolen within five minutes. He uses the new "Find My iPhone" feature to track it down and get it back.

The comments are full of Internet Lawyers, people telling him how risky that was (agreed), and debates on the competency of Chicago cops.

However, my favorite was a now-deleted** anonymous reply to my comment:

Stealing? The dumbass LEFT* it at the bar (or did you miss the "Whoops!"?). Finders keepers! Though really the kid should've turned it into the manager and waited 24 hours.

*And yet he talks about it as if it were a baby. iPhones =/= babies, and you would not leave your baby at a restaurant/bar without anyone noticing.


All name-calling aside, grade-school rhymes are not exactly common law. I'd love to see what happens if this guy were to try explaining his interpretation to a judge.

**I can screencap this in my GMail if anyone really wants it
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Tue, Jun. 23rd, 2009 05:22 pm (UTC)
[info]sockpuppeteer

Finders Keepers really doesn't work in the court of law.

There was a case in New Jersey (I think but this is some years ago like about 20) about a painting, a museum to which it was donated, and Nazi stolen art. The family who owned it before it was taken from their home after they fled Warsaw would like it back. The museum contends that since they abandoned it in the fleeing, they no longer have a claim. The Judge told the museum to either pay the family or give it the f' back.
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Tue, Jun. 23rd, 2009 05:22 pm (UTC)
[info]sockpuppeteer

Oh and the family had grainy photographic proof that they owned the painting.
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Tue, Jun. 23rd, 2009 06:02 pm (UTC)
[info]uldihaa

They should have contacted the police once they'd gotten a ping from the 'Find My iPhone' at the latest. It would have been quite a bit safer. As for whether the police can use something like this for a search... it's possible; perhaps not the larger ping-circle, but the smaller one would certainly fall under 'probable cause'. It's a tracking feature after all.

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Tue, Jun. 23rd, 2009 06:14 pm (UTC)
[info]persona

I'm very pointedly avoiding said debates about the Chicago police. That aside aside, I'm keeping that link on hand next time someone on the internet busts out the tired 'I found it, it's mine.' line, which seems to happen disturbingly often on communities I frequent.
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