Things are really getting messy here. Although Apple have regained their lost prototype (a la iPhone 4) from Gizmodo, it couldn't stop it's 'product' from being taken apart by the bloggers at Gawker Media. And for this very reason Apple is trying to set a benchmark for everyone, to show the world not to mess with the Cupertino giant. Yes, they are planning to sue Gizmodo (at least by the look of things).
According to a CNET report, police in Silicon Valley are investigating the sale of an iPhone prototype that was accidentally left in a bar by an Apple engineer and purchased by a gadget website for $5,000.
Apple first approached the police explaining them the whole incident, and it is now learnt that the investigation is to be headed by a computer crime task force led by the Santa Clara County district attorney's office.
Gizmodo had earlier admitted to purchasing the lost prototype for 5k and this admission could eventually be used against them in the court of law.
In California, keeping lost property when you know who the owner is — or is likely to be — is considered theft. If the property is worth more than $400, it can be classified as grand theft, a far more serious crime. Receiving stolen property is a separate crime, punishable by up to a year in prison. - said CNN.
The purpose of this whole investigation is to determine whether sufficient evidence exists to file criminal charges against the 'real' culprit. This means it is not yet clear whether the investigation is targeting Gizmodo, or the source who reportedly found the iPhone in a bar, or both.

The computer crime task force is called REACT, which stands for Rapid Enforcement Allied Computer Team, and was established in 1997 with a goal of working closely with Bay Area technology companies. In the past, for instance, Apple has contacted REACT to report an employee who sold over $100,000 worth of computers on eBay. REACT also has investigated denial-of-service attacks targeting local firms.
Neither Apple, Gizmodo, nor the Santa Clara police were available for comment.
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