Here's my last word on the matter. There are a few issues:
First, what did Apple do? They designed two products - the iPhone and the Touch - to run on the same OS. They then designed a few apps that could work on both, and decided to put it on the iPhone only. A few months later - after jailbreaking had already become common, but before the release of the SDK - they proposed to charge $20 for these apps on the Touch.
Second, is Apple "wrong"? Well, it's their product. Manufacturers can charge whatever the heck they want for their product. I think such commercial choices should keep the anticipated reactions of the consumers in question, but this is less of a moral question than one of good marketing strategy. It's obvious that Apple's pissed a lot of people off, so it seems like they made a bad move here. Are they "wrong"? Not in any moral sense. But they weren't being very nice to early adopters. Fanboyism will certainly die down for a while.
Third, should consumers complain? Consumers can whine and moan all they want, and why should we stop them? As the ones paying the bills, consumers should have all the whining/moaning rights they want. But I think the whining is pointless if consumers still fork out the $20. Apple's still laughing to the bank, knowing that fanboyism will be back up and running in no time. Besides, what do they care about our feelings as long as they do not translate to sales reduction? Apple knows that despite our whining, we will continue to buy Apple because it is awesome. The only way to protect the rights of the consumer is via changing our consumer behaviour. Stop behaviourally condoning undesirable actions by giving in to their schemes. Again, this is all behavioural psychology 101. Jailbreak, people, jailbreak. Someone here did it for 2 hours. It takes about 10 minutes now, and it's totally reversible. And it renders the iPod Touch a machine to be reckoned with (argh, ending a sentence with a preposition!). No (read: very little) reason to pick Apple's $20 upgrade over jailbreaking.
Fourth, what should Apple have done? This is up for the marketing experts, really. But here's what I think: I think Apple should have waited until they released the SDK, and before anyone else managed to design any apps, offer these 5 applications on the Downloads page as $2 (or more) applications. They charge for FileMaker, they charge for Quicktime Pro, they charge for Bento (soon), so why not charge for iPod Touch Mail, etc? They'll still make money off the apps (and fulfill whatever legal obligations), and I bet people will be less annoyed. Especially if they called it "Mail for iPod Touch" instead of saying (as they implied) "Now your iPod Touch will be like the iPhone (haha, suckers)." It's all semantics, but it's clever.
So, in conclusion: Please - whiners, moaners, and such - don't pay the $20. You're positively reinforcing this behaviour, and it will only get worse. Behavioural psychology 101 (I'm a cognitive psychologist, but meh). Jailbreak, and get the same apps (and more) for free. As far as I can tell, as long as you don't install pirated apps, jailbreaking isn't illegal. It voids the warranty, but there's a simple solution to that as mentioned multiple times. Also, it's simple and fast. And glorious.