>By making an admittedly weak effort to return the iPhone to Apple, Hogan – in the eyes of the law – committed theft.

That's the thing though. Gizmodo did in fact return the iPhone to Apple without complaint, in a timely manner. Posting the information to the Internet is an unorthodox way of asking Apple if they want their property returned, but it ultimately has the same result.

If any crime was committed by Gizmodo, it is theft of trade secrets, not theft of the device.