What the tabloid media knows (and Gawker doesn't) about celebrity sex tapes and stolen iPhones
"If you're Star magazine, you don't buy the sex tape, you pay to watch it, take a few saucy screen grabs. So instead of purchasing the phone itself, Gizmodo should have simply purchased access to the phone. This may seem like a small distinction, but according to Siskind, it would have made all the difference, and the San Mateo County DA would be essentially unable to prosecute. In that case, it would be clear that what they were getting was information. The California shield law protects that information from either a subpeona or a warrant. Apple would be in a tough position here."