An intriguing spectacle between Apple and tech blog Gizmodo is one step closer to a resolution now that editor Jason Chen agreed to cooperate with prosecutors investigating the case.
It was first reported in April that an Apple employee lost the next-generation iPhone prototype while at a restaurant -- and the device was later sold to Gizmodo for a disclosed sum of $5,000. Gizmodo then posted pictures, technical specifications, and a video breakdown of the popular gadget on the Gizmodo website.
Brian Hogan, 21, Redwood City, Calif., reportedly found the phone in Redwood City restaurant Gourmet Haus Staudt. Apple engineer Gray Powell either lost the device in the bathroom, or had it stolen from him while at the restaurant, police sources believe.
In late April, police seized computers and hard drives used by Chen, after a warrant was issued related to the device's theft. Gawker, the parent company behind Gizmodo, argued that the seizure was illegal -- and Chen was given back all seized materials.
The court turned over four PCs, two servers, and an Apple iPhone back to Chen. It's unknown if Hogan will be officially charged in the case, but he is one of several suspects being investigated.
"The warrant has been withdrawn, law enforcement has not seen anything from the computers and will not be allowed to search the computers," said Thomas Nolan, an attorney representing Chen. "We're treating this matter as a cooperative subpoena, and we're providing them info they'd otherwise be entitled to -- nothing having to do with sources."
Despite some criticism Apple and CEO Steve Jobs received related to the case, the company's image has not been tarnished. The legal issue involving whether or not Chen can have his possession seized, especially because of the Privacy Protection Act, remains unclear -- an issue that could be brought up again in future cases involving bloggers and journalists.
