Adverse possession of a cellphone and other personalty
1. India Burton's iPhone disappears. Josh Bass finds it, uses it for two years, then tosses it in dumpster because he's rich enough to buy new model. Andy Gust is dumpster diving and finds it; begins using it, continues for four years (IL statute of limitation=5 years for replevin). Bass and Gust do not talk on the phone much. The AT&T bill is paid automatically thru Burton's Amex paypal account. Burton is at a beer party in the 7th year. A discussion of the lost cellphone occurs. Someone says, "why didn't you call the number and listen for it to ring?" Gust is at the party. Burton calls, hears it ring, and snatches it back from Gust. Gust sues Burton for conversion.
Different result if Bass gives it to Gust? Sells it to Gust?
2(A). Jackie Yanover owns a Cessna 172 with a tail number of N1437Y. She leases a tie-down spot at Palwaukee airport in Wheeling, IL. She doesn't have much time to fly because of law school demands on her time. In June, she decides she better get current, so she goes to the airport and can't find her airplane. She can't find it because Gary Guenther has taken it and flown it to Florida, where he has set up a law practice. Yanover asks around at Palwaukee and no one admits to any knowledge of what happened to the airplane. She posts a notice on her Facebook page and on the Property 2016 Facebook Group page, offering a reward for information leading to the recovery of the airplane. Guenther continues to use the airplane for five years (FL statute of limitations=4 years). In the second year after the airplane's disappearance, Yanover attends a CLE program in which a video featuring Guenther s as the "lawyer-aviator" is played. The video shows several close shots of Guenther beside the Cessna, its tail number clearly visible. Yanover has left the room to get coffee when the video plays. In year six, Yanover, flush with wealth from her big-law job, goes to Florida to shop for airplanes. She sees N1437Y on the ramp at the Gainesville airport, and files a replevin action to recover it.
2(B). It's not a Cessna 172; it's a DJI Phantom 3 drone. The FAA has issued a rule requiring that all drones be registered through its website. Yanover has not registered the drone.
2(C) She posts the following notices on the CK facebook site:
"NOTICE: Cessna 172 missing. Reward.
NOTICE: MISSING: DJI Phantom 3. Reward
3(A). Dora Cornelio gets the recording of the Rap Against Perpetuities performance from Marko Ilich,
uploads it to her own e-commerce site and offers it for sale on MySpace
6 years later, Schwab and Domek sue for infringement
(B) Same except posts on CK facebook group; NwU facebook group?
(C) Would it make any difference if Mr. Cornelio change the name of the work to "Lives in Being" before she offered it for sale?
(D) Same except plays it for friends on iPod for 4 years, 11 mos, then plays it for music promoter who sells it to Herb(/) Weinstein for use in movie track for 1 month and one day, production; movie comes out six months later; Schwab and Domek sue
(E) Schwab and Domek decide to get more aggressive in commercializing Rap Against Perpetuities; they perform it on the last episode of American Idol. Cornelio sues them for copyright infringement.