24 hours ago we all thought it was a fake, so it's not "clearly Apple's". Until Apple claims it, it's not theirs. Could Gizmodo call and say: "hey we think this is yours, if so, let us know, and well give it back" sure, they could and probably will.

Yeah, Gizmodo might get sued, they know this. Gawker takes risks like this and it's worth it to them.