Yeah, I realize that in California lost property is considered stolen if the finder does not attempt to return it to the proper owner.

There are a couple of factors weighing against that being the case here:

1) The initial finder apparently called Apple and could not find anyone who wanted to take the phone.

2) Gizmodo called Apple and asked if they wanted the phone back (admittedly with the codicil that Apple had to draft a letter stating it was Apple's property).

Main issue is this ... if your shiny new prototype is left in a public place, seems to me it's a free-for-all as far as media coverage goes. There's no NDA, no formal notice that this is a confidential piece of hardware, and no one broke into Apple to steal it. It's just an unusual iPhone that someone unfortunately chose to leave on a bar stool.

But ... then we have the $5,000 payment. Unless the iPhone is ruled stolen, I think that would be considered a payment to a source for a news story. If the iPhone is ruled stolen, it's payment for stolen goods.

I'm not sure how that will wash out.