I won’t go into the story once again as I’m fairly sure most if not everyone in the mobile space knows that Gizmodo leaked everything they could about the new iPhone 4G prototype they purchased for $5000.

The thing is now apparently Apple is speaking to the cops, you can read our original article (here) on the matter whether criminal charges can be brought against Gizmodo for purchasing the iPhone 4G prototype, although I do have to say here as far as I am aware Apple hasn’t confirmed this.

Basically speculation has it that there is a possibility according to Californian law charges of violating “trade secrets” could be brought , and that because Gizmodo paid $5000 for the device knowing it belonged to Apple could face charges of theft.

So should Apple take steps to seek damages for Gizmodo’s actions? The way I see it, although I’m a Brit and thus know bugger all about the strange way US law works, Gizmodo did what most tech sites would have done, after all wasn’t the iPhone 4G disguised as a 3GS and thus there is a possibility however slight that that is what they thought they had in the first instance.

The big question here is how far can tech sites and news site go to gain insight into an upcoming device. Should they have just put the iPhone 4G aside until such times as Apple put out a seek and find memo? Should they have headed for Apple HQ with it and say hey look what we just purchased?

Everyday it is the job of smartphone and mobile device reviewers and reporters to find out as much as they can on new devices and report it to their readers; this is what Gizmodo has done and I personally salute the guts and conviction to do so, but knowing Apple they will want their revenge for outing their iPhone 4G and this will probably end up in the law courts if only to teach others never to step on Apple’s toes again.