You seem to follow the camp/idea that what is written in the TOS is golden rule of the land. It's not. Time and time again, the TOS has been challenged. Just because it's written, doesn't make it so. The majority of the government law system protects the end user, not the manufacturer. Only in cases where there is clear malice or misconduct does the court rule in the manufacturer's favor based on the TOS. Look at game "backups". The game industry has tried to make backups illegal in their TOS' and also through all sorts of other ways for many years. It is still LEGAL to make a backup copy of your software. Obviously, it is not legal to distribute this backup.
My point is, a TOS is only a TOS written to protect all aspects of a product. BUT in the end, the consumer has purchased the item and under normal, non malicious circumstances, the court will not rule against the consumer.
Back on topic... those of you who are against jailbreaking and complain about the "bads" such as battery life and crashing... the vanilla iPhone with stock firmware is designed JUST FOR YOU. It is completely locked and unopen specifically for you guys. That way you have no way to screw things up. This is also why the majority of windows PCs used by average users get so damn cluttered that they need a format every 2 weeks. Vanilla XP and Vanilla 7 work damn well... it's after all the garbage installed by the USER that creates the issues of crashing and slow loading. It's actually a good thing that this type of user stay away from jailbreaking.
Jailbreaking gives you full unix control of the hardware that you bought. After jailbreaking, the onus is on the end user to make sure their phone doesn't turn into a crap storm of garbage. It's the same way with PC's and Macs. If Apple cared enough or felt that suing the jailbreakers (or the hackers that enable jailbreaking) would actually hold in court, they would do it (c'mon, I can name the major ones off the top of my head... Musclenerd, planetbeing, comex, etc). It's pennies on the dollar that they are already spending on their lawyers anyway. It's also not like these guys are highly underground. The fact is, in the countries that matter, this part of the TOS won't hold. It's difficult to sue the consumer for modifying hardware/software they bought if they are not adversely affecting your company or doing it with malicious intent. This is hard to prove in court.
In summary... if you feel jailbreaking screws with your phone, you are right to stay away. It gives too much freedom to the user which causes stupid crap such as SSH hacks on default unix root passwords that aim to fish info from jailbroken iphones. Those who are not versed in unix or computers/IT in general don't belong anywhere near jailbreaks unless they are willing to learn the ins and outs.
