Originally Posted by RagingCain
Misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose.
Is it someone else's property? Yes, at first. It was lost then found, becoming the property of the findee, so misappropriation can not be applied to the findee.
Is selling the item illegal or images of said product? No. There is no issue of providing images of any product, like I mention below, there is no NDA these members are under.
Was the person who found the item under any NDA? No, there is no contractual agreement between prototype hardware, the manufacturer, and some laymen standbyer.
This is not a legal case. Civil case potentially, one would have a very good case via lawsuit but it still would need Judge & Jurry trial proving it cost Apple monetary damage or potential loss of competition due to design disclosure to public.
This is corrupt.
Oh, another anti-Apple fanboy legal expert. Here is the exact text of California Penal Code 485 (Missapropriation of Lost property- what they're charged with)(source: http://law.onecle.com/california/penal/485.html):
"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."
Let's go through the situation. I find an iPhone 4, a couple months before release. I clearly know this is a prototype and should be returned to Apple, since I'm whoring it out to tech tabloids for a profit. Now, did those 2 guys contact Apple first? No, they contacted Gizmo and other tech blogs.
Now, the same law could apple to a random guy finding an iPhone 3, iPhone 4 whatever on the street today. IF there's a sufficient amount of information on the phone(it's activated, facebook is logged in, contacts such as "mom" "dad" etc. are on the phone), and you kept it, you could get charged with the same crime. This has nothing to do with Apple being evil, etc. This is just the law.
(also I didn't read your whole post, let me know if you made any valid points