How is that legal?
It's absolutely not legal in California to sell found property without reasonable attempts to find the owner and turning it over to the police for a period of time (usually around 6 months, but 3 months in some jurisdictions). The seller is liable for damages, and considering it's Apple, a suit will follow shortly for violation of trade secrets among many other things, I'm sure.
Where I disagree is with those that think it's intentional. Apple doesn't need free marketing and Jobs runs one of the tightest shops around. They also remotely deactivated it within minutes of it's appearance. Somebody in Cupertino was in big trouble yesterday.
Other than that, I think Apple needs to buy HTC for their next phone in order to catch up.