Nit picker, but you're only half correct. Since an actual crime was (alleged) to have been committed Apple has very solid legal standing to pursue civil action against Gizmodo (assuming charges are filed and a guilty plea/verdict is the end result). If Giz had simply paid for access to information Apple's actions would be more limited and likely more focused on the source of the leak/theft. As I said before, my sense is that there's a multimillion dollar lawsuit coming at Gizmodo in the near future.