How did Gizmodo escape indictment in iPhone fiasco?

Declan McCullagh and Greg Sandoval at CNET: "The great iPhone prototype caper of 2010 has finally ended, with the two men accused of shopping the device to gadget blogs sentenced to probation yesterday.

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  1. IANAL(Yet) But there are some pretty big First Amendment protections in place for the media when it comes to reporting on information received after the perpetration of a crime. Just like how reporting on the contents of the cable released by wikilinks isn’t a crime, even though the material was initially obtained through illegal means. Now, gizmodo paying five grand for a piece of property they had reason to believe was stolen is a whole different bag of worms that probably nobody felt like setting a constitutional precedent over.

  2. To make a long analysis short, I think that a combination of press shield laws and First Amendment concerns made the prosecution a tough one (i.e. not a slam-dunk) and the DA made the decision that department resources were better allocated elsewhere. In a sense, that’s a shame, because it would have been an interesting trial.

    It’s not rocket science, though…

  3. Was the other prototype, the one that was claimed was discovered at a tequila bar serving shrimp ceviche, ever actually established as existing or not?

  4. Gizmodo getting shut out of all things Apple for all eternity is probably a fate worse than any amount of jail time. For instance, right now every tech blog and their mothers are reviewing the iPhone 4S provided for them in advance of release day by Apple. Gizmodo? Not so much, and they’ll be stuck in Meta-Live-Blog Hell forever.

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