Gizmodo gives a bit more analysis of the whole thing here, and also considers why Apple couldn’t find the phone.

This whole affair is just hilarious; the rapid fanboy fringe is positively frothy over self-serving interpretations of journalistic ethics and obscure readings of California’s lost property statute — and a few are even upset that Gawker Media wasn’t sufficiently deferential to the Apple counsel who formally requested the return of the phone. GMAFB. Gawker are, proudly, tabloid journalists. They had a shot at the hottest gadget scoop of the year, and they by-God took it. Good for them. Apple may not like it, but that’s the way the game is played.