A photographer who works those worlds between red carpet photography and editorial photography contacted me this morning regarding the Phelps photographer. I was told that the scoundrel who took the photo has NOT syndicated it thus denying themselves thousands-of-dollars in profits.
The "photographer" was smart enough to realize that the police or perhaps a good lawyer would subpoena the identity since syndication is a business not a journalistic endeavor and thus protections from revealing a source do not exist.
He estimated that the Photographer made less than $5,000.
Can you imagine that? Destroying somebody for $5,000! Why not just give the phone to Phelps and tell him, "I could have sold for it for $5,000, instead keep the phone as a reminder of how stupid you should not be. Oh, and you owe me a new phone."
Instead the person is probably feeling horrible that they may be found out