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No they can't be shut down. And yes, people have fallen for them. Peole who accidently update their OS will do just about anything.

As for jailbreaking OS 4.1, they'll just offer it when it becomes available. Until then, it'll just be "pending".
 
Yeah but imagine you're using a non-factory unlocked on tmobile and you upgrade your OS to a version that hasn't been jailbroken yet. You're without a phone unless you have a backup. Wouldn't you pay a couple bucks IF there was a fix?
 
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