Apple lost prototype turns into a complete circus

The growing saga between Apple and Gizmodo has taken another new turn now that the person who may or may not have stolen the next-gen iPhone has been identified.

The adventure started when Gizmodo published pictures of what it said was the new iPhone, but it was unknown how the site received the device.  It seems the popular tech blog received the phone after paying a $5,000 bounty to the person who discovered it.

Brian Hogan, 21, of Redwood City, California, is the person who found the Apple iPhone prototype, while dining at a South Bay area restaurant.  The phone was reportedly left at the Gourmet Haus Staudt restaurant in Redwood City by Apple engineer Gray Powell, though Hogan found the device in the restaurant’s bathroom.

The phone was then transferred from Hogan to Gizmodo for $5,000, with the site dismantling the phone and posting a thorough analysis. The clumsy engineer showed up at the restaurant a few times looking for the phone, but Hogan was reportedly never in touch.

Since then, Gizmodo Editor Jason Chen also has had several computers and servers seized from his home due to the case.  Chen and his attorneys, however, believe the California shield law, aimed at helping journalists keep their sources confidential, should have shielded Chen from having his computers confiscated.

The matter is now being reviewed by a state court.  Prosecutors continue to defend the Gizmodo search and seizure, and a court decision could come as early as next week.

Hogan was identified by tech site Wired, which followed a trail of social networking breadcrumbs before positively identifying him.  He has been interviewed by local law enforcement -- and hasn't been charged -- while pleading his full cooperation in the case.  He reportedly also regrets his "mistake," and his attorney noted the family has left the area due to high media scrutiny.

The issue has been a popular topic of discussion among bloggers and Apple fans, as some people believe Hogan should be charged with theft.  Other bloggers believe Apple is just trying to do damage control, although the company's reputation continues to take a beating.  The butterfingered Apple engineer reportedly still works at the company, but sounded "tired and broken" when Gizmodo recently chatted with him.

Until the matter is resolved, bloggers and news sites have had varied outlooks on the matter.  A recent PCWorld article discusses what some journalists and bloggers think about Apple's legal case, should Gizmodo face consequences.

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