I said I wasn't a guru but don't insult me. I wouldn't be here if I wasn't familiar with Apple's product line. I believe I was quite clear about using a loophole in the agreement to make a cheaper PHONE. I have heard the touch described as a "stripped down" whatever ad nauseam- you have pointed out the obvious. If there is no legal way for Apple to make such a device, you could have simply said so. I am willing to admit that I do not know every detail of the agreement.
your question does have some relevance, even if the cell network contract is locked up with at&t.
Its possible that apple could release an enhanced ipod touch like device that includes wimax data only connectivity on anyones data network. on this device you could potentially use a ip based service like skype etc to make phone calls, all without violating the voice/cell network deal with at&t
for example, there is nothing to stop you from using any data network you like with a usb data modem on your laptop.