Prosecutor Morley Pit noted today that charges would no longer be pursued against Gizmodo’s Jason Chen or anyone else employed by Gizmodo as “too much gray area” was found in state law which protects journalists’ unpublished notes from seizure. How does this have anything to do with the device in question? You might also recall Chen’s house being raided soon after Gizmodo posted images of the iPhone 4 as well. Turns out that’s the point of contention.
On the other hand, the two men who were found guilty of possessing and selling the iPhone 4 prototype after they “found” it in a Redwood City bar have indeed had misdemeanor charges filed against them. This all goes to show you that no matter how awesome the “leak” post is, you should always double check to see if what you’re posting is indeed a stolen device. Nothing is worth getting in gigantic trouble with the law.