first of all.
1. There is a $1.2 Billion Class Action lawsuit right now against apple and ATT.
Don't you think if people thought apple were right.....There wouldn't be a lawsuit...DUH!
That proves nothing. If people can file a lawsuit for spilling hot coffee on account of their own stupidity, then people can file a lawsuit over anything.
2. I bought this phone and never had anyone SAY don't download 3rd party applications. Even when I linked it to itunes...I never got an agreement. I never signed anything at the apple store. If they inquired it online or announced it elsewhere....I NEVER saw it.
I had to agree to a ToS when I connected my iPhone, perhaps you weren't paying attention when you clicked "Agree" on random pages. There is documentation in the iPhone box too.