incrediBILL - 3:45 pm on Apr 27, 2010 (gmt 0) [edited by: incrediBILL at 3:48 pm (utc) on Apr 27, 2010]
It's possible a judge might throw it out simply because it was lost.
However, the guy that found it did fence it like stolen property for $5K, yet the new owner immediately returned it upon request.
The question in my mind is whether Gizmodo would get nailed for corporate espionage, not theft, since they knew the value of the device, paid for the device, then publicly reverse engineered it for all their competitors to see.
The upside here is Apple got a massive amount of free press, you just can't pay for this stuff.
The downside is Apple is now going to get a massive amount of bad press by persecuting an iFan and additionally, we now know the new Android releases [webmasterworld.com] this summer will technically surpass this new iPhone.
Lastly, since when did a reported committing an actual crime to obtain information get to wrap themselves in the first amendment?
If that were the case reporters could just run amok breaking into cars and houses just to have something to write about so stop hiding, you paid a fence for the goods and deliberately set out to damage Apple, intent is everything.
[edited by: incrediBILL at 3:48 pm (utc) on Apr 27, 2010]