I love hearing news about any new Apple gadget, but what Gizmodo has done has gone beyond the pale.
The guy who found the phone, whether or not he waited at the bar as he claimed and/or asked around if it belonged to anyone, knew that the phone did not spontaneously generate and show up there on the stool. He knew it belonged to someone other than him. He should have turned it into the manager of the bar so that when the person who lost it called in, they'd have it - or to the police. There is no other acceptable action.
That he took it home implies that he intended to either keep (theft) or sell it (fencing stolen goods).
That he sold it to Gizmodo for $5000 is evidence that he realized what he had was an unreleased product by a very well known, publicly traded company. He knew it was of great value and sold it to the right buyer/fence.
That Gizmodo was willing to spend $5000 for something they knew did not rightfully belong to the seller shows that they are willing to commit a felony. Not that their behavior is overly shocking as they caused disruption to electronic devices at an event in the past where they were told not to return. The organization appears to be run by a bunch of 15 year olds - in intellect, anyway. Clearly, Gizmodo gets a LOT of traffic. Just go to alexa.com and put in their URL and you will see the significance of the amount of traffic they get and ergo, that they get a lot of high dollar ad revenue. Gizmodo was willing to shell out $5K because it was worth far more $ to them in boosted ad sales due to increased web stats with this bit of 'news.'
A responsible journalist would have contacted the police before engaging in the transaction so that Apple could recover their property, the thief would be arrested and so that they'd be a hero AND be able to report on how honest they were and that they saw a new device by Apple.
That they took the device apart shows their wonton disregard for the property of others. It did not belong to them and they knew it. They disassembled it and showed off the internals, giving an unfair advantage to Apple's competitors months before the product is ready to launch.
For those that admire Apple, their products and hold their stock, this should be an outrage. All of us who are gadget hounds only think of the latest gadget we want to buy - but we are not the only ones reading the online leaks. Those who play the market and those who compete against Apple are also eating this up. This 'leak' by Gizmodo, which is not a true leak, is criminal and acts against Apple's interests.
Frankly, I hope the SEC brings charges against Gizmodo/Gawker for securities fraud. At the very least, they have committed felony in fencing stolen property - and across state lines.