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Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
First off, the police don't charge people with crimes, prosecutors do. Second, if you asked for this, you would get laughed at or ignored.
Fox And Time Warner Cable Threaten Football, Annoy John Kerry
I'm somewhat surprised that everyone seems to think that Fox is in the wrong here. TWC (and all the cable companies, for that matter) have been making a lot of money for a long time by redistributing broadcast channels and haven't had to pay anything for it. Cable companies have to pay for "Cable" channels, like TBS, TNT, ESPN. As far as the "double-dipping" that Fox is being accused of, all of the "paid" cable channels advertise (save for the premiums, like HBO). The FCC has already created a balance of power here with the must-carry rules. The cable companies, like it or not, would be FORCED to carry Fox if Fox wanted to be on cable. The FCC gives the cable companies no choice if the broadcasters demands carriage. There is also a provision that allows for the Broadcaster to negotiate a fee for carriage, rather than demanding that its programming be carried for free. If Fox doesn't demand carriage, and TWC won't negotiate a fee in exchange for consent, TWC can't re-distribute Fox programming. It seems that Fox has simply decided to go with the second provision and negotiate a fee for carriage and TWC doesn't like it.
What I don't understand is why TWC really cares. It's $1 per month that WILL be passed on to customers. Most customers won't notice an extra $1 per month. Lets assume that CBS, ABC and NBC also insisted on $1 per month. That's a total of $4 per month extra per subscriber. Again, passed on to the consumer, most people won't really notice the extra charge. Granted, it's a slippery slope, but this was has been brewing for awhile and I suspect that this trend will continue.
TWC won't be able to hold out very long. Fox won't get the brunt of the consumer backlash; TWC will. Fox knows this and that's why they don't want to budge. TWC will be flooded with angry calls, emails, etc. and bad press, and will probably see customers who have other options leave. Fox, on the other hand, stands to lose very little in the interim. Ultimately, I suspect TWC will break. This will set the stage for all future negotiations between cable companies and broadcasters, who will all now demand $$ for carriage and will get it.
Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
I was going to write something about her rights as a prior possessor, etc. and that even if he wanted to press charges or sue her for stealing it, he has to prove the phone is his and that his rights in it are superior to hers. However, more thinking complicated that argument. The phone being sent to the "thief" is a new phone, not the one that he stole from the OP. Thus, the OP doesn't really have any provable rights in this new phone, as it has a different serial number. The thief basically traded her phone for a new one. I don't have the energy to really think that out, but I suspect it really would make it difficult for the OP to actually get possession of the new phone. Getting money, on the other hand, would be a different story.
Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
It might be easy for them to do, and it might be a *nice* thing for them to do, but why should Apple hire extra people just to track down stolen stuff? Apple doesn't really have any obligation to help people find their stolen stuff, and it gets expensive to start hiring people solely for that purpose.
Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
This is probably the best idea I have seen so far.
Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
The police are involved in what appears to be an informal role, as she pretty much ended any formal role when she declined to file a police report.
Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
As I said above, without a police report, Apple doesn't "know" that this is stolen property. They have the word of a person on the phone who is claiming to be a cop, but who cannot supply any documentation to support the claim that the phone is stolen because the OP was too lazy to file a report. Without a police report, Apple doesn't have any real evidence that this phone really was stolen.
Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
This is wrong for so many reasons. You generally can't collect attorney's fees, especially "attorney's fees" that represent fees you are "paying" yourself as a non-attorney, nor can you collect "transportation" expenses paid to get yourself to the courthouse.
Customer Knows Her Stolen iPhone Is Being Sent To Apple, But Apple Says They Can't Return It
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Comments from Esquire99
Fox And Time Warner Cable Threaten Football, Annoy John Kerry
To show illegal tying, the FTC/DOJ/Private plaintiff must prove the following:
2 distinct products
Conditioned sale
Seller has market power in the tying product
Affects a substantial volume of commerce in the tied market
Here, the paid-for channels are the "tying" product and the broadcast channels TWC would be the tied product. If TWC wants to keep the paid-for channels, it's going to have to pay for the broadcast channels.
So, in order to show illegal tying, it has to be shown the Fox has market power in the paid-for channels, which is unlikely given the fairly large number of news and sports channels, as well as other general-type programming (like FX).