AbSoluTc: Seriously do you work for Apple? Has Apple ever paid you any money or receive any other consideration from Apple or an agency working on Apple's behalf?
You are clearly an apple fanb0y but to go that far to defend something that IS clearly illegal seems very odd:
bait and switch = illegal
this situation is bait and switch; therefore, this situation is illegal
You are clearly a guy that failed the logic portion of his SATs but again one only has to wonder if there's more than meets the eye here in terms of fishy Apple PR moves.
Maybe it's not that big a deal to you since you didn't waste an afternoon of your life to be tricked so you are certainly free to move on. Everyone else can just list their stories to vent and it's obvious it was not an isolated incident as others are now coming forward sharing the same story.
Delist the Sim-free phones from the upgrade program if they aren't eligible. That's an easy fix.
Give everyone else a $25 gift card and give them a raincheck for a phone that is eligible - cheaper than getting sued and bad PR.