I'm going to ignore the specific accusations of simple bitching (which I assure you, I'm not). I'm just quite surprised by the number of postings here which blindly take the side of one of the world's largest corporations without a moment's consideration for consumer rights. The prevalence of this attitude must surely be an American thing? I can tell you for sure that people won't be quite so "fanboy" about this in the UK when Apple release their product in the UK in a few weeks time. If they start pulling this "all your base are belong to us" attitude in the UK, rendering phones unusable and then not offering a way for people to restore to a situation where they could use the phone legally "in the way it was intended", there will be a major backlash from consumers in the UK.
You're quite right that I do not know what the law states in the USA, or the UK for that matter. I am not a lawyer. But I'm fairly sure that I can work out at which point I would be entering into any agreement or contract.
An interesting point...
Do you actually accept any terms of a software licence when you open the iPhone or start using it? Are you at any point told you are entering into a licence? Eg. when you open a Windows/MacOS installer, you usually have to break a seal which says "by breaking this seal, you accept the terms...". Or you might have to accept the terms of a licence when you install a piece of software by clicking "I agree".
I have had various cell phones over the years and I don't at any point remember having to agree to any terms relating to the software that was pre-installed on the device. Sure, you'll often find in the warranty for the device that your warranty is null and void if you use the phone in a way that "it isn't designed for". But I'm specifically asking "do you accept a terms of use at any point?" Please tell me if you do. I don't know, I haven't seen an iPhone, let alone the packaging for one, yet.
The fact that OSX is installed on the iPhone is irrelevant if you don't actually have an opportunity to opt-in or opt-out of accepting any terms of an OSX licence. I don't even give it a second thought what OS is installed on my current cell phone. Most consumers wouldn't even know or be interested that the iPhone runs a version of OSX.
I don't own an iPhone yet. I will be getting one shortly after they are released in the UK. Yes, I will be using it with an official O2 tariff. I might install some third party applications on it but I will not be unlocking it. But I think the majority (yes, majority!) of owners in the UK in a few months time will be using the phone unlocked, if there is still a way of doing it through some software method in a few months time. The fact is that the majority of mobile phones in the UK are used on a "pay as you go" basis. IE. no monthly contract at all.
Yes, I agree that people who are in the know on these matters have been very silly to upgrade to the new 1.1.1 release without checking first that it wasn't going to cause problems with unlocked phones. I wouldn't have done it. But only because I know of the threats Apple has made over the last few weeks. I agree that Apple has been very reasonable about making the big bold text in the software update very prominent. But the fact is that a lot of people don't read anything at all in those onscreen dialogue boxes.
All I'm saying is that I think it would be reasonable of Apple to allow customers with unlocked and now useless iPhones to come into their stores to revert the phone to a usable state. OK, show their knuckles a ruler, make them feel a bit naughty, tut-tut at them... But surely it's got to be in Apple's interest to give customers who have spent $399 on a device an opportunity to use the device with an AT&T/O2 contract from that point on. I would be surprised if Apple would really want to leave that bitter a taste in so many customers' mouths.
I'm really sorry for the long post

and thank you if you have spent the time to read it!