I could be mistaken (and very likely since I'm not well versed in these regards), but isn't it considered photographic evidence (or some other term) until they physically return it? (at which point it becomes physical evidence) and the request for the "claim" letter was a legal maneuver designed to confirm its authenticity after the fact? (that is after publication). Gizmodo claims that "it could be a knock-off" as far as they are concerned, until Apple officially acknowledges that it is not.
It feels tacky to me, not what Gizmodo did- but how they went about it, but given that Gizmodo reports tech news, a "potentially" next-gen iPhone prototype found on a bar stool 20 miles from Apple, well...is news. They did speak very positively about the device. I think they did what any other news site might have done. (well, maybe they doubled, or tripled their efforts on it.) I suppose they were excited with the prospect of mass publicity, given the caliber of news they had at hand, and sprinted to the digital press.
As for the article about the young Apple engineer, the article sounded to me, like they were trying to save face for him. The damage was already done, Apple knew who had lost it. I believe they knew the moment they remotely deactivated it. I'm surprised it didn't remote detonate.
What else can Apple do 8 weeks away from launch? I'd assume the factories are prepped for production to some degree at this point. I guess either continue as-planned, or use it somehow in their KeyNote. Looks like a lot of good press was generated for it already.