First, Aussies are the best. Secondly, you know when you buy the iPhone what the features are and that there is some sore of app store that allows u to buy additional apps if you want them. When they sell the phone its not like they say "you can buy Google Voice" just to find out the option doesn't exist. If someone is expecting a phone that will provide every possible app under the sun, now and in the future, then that will always be a disappointed consumer, no matter what phone they buy. Again, if you don't like the arrangement, clearly known upfront (you can see what apps are available before you purchase the phone), then either don't buy the phone or jailbreak it.
There is no legal case here. But the FCC needs to do something to justify their waste of taxpayer dollars.