However, Gizmodo’s entire purpose was to discover and disclose as much as they could (read: maximize the damage) before posting a single word. They didn’t pay $5000 to buy the phone, they paid $5000 for the ability to convert Apple’s secrets into their profit. They went out of their way to document everything before saying anything so that, upon the expected demand for its return, they could “immediately” and publicly like they were doing Apple a favor. Given that these are the facts according to Gizmodo, I expect that a court would find their actions willful and malicious and award up to 2x the original damages.


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