It could just be a black ipod. The way the light is hitting it, who knows what it is. Besides, if it already was an ipod, it would be pretty easy to photoshop it.
I have a friend who insists a neighbor of theirs has one as well as her boss. Her husband says he didn't see the neighbors, but saw the bosses' as he was showing people. I still find this hard to believe but there it is. They didn't ask questions. 🙁