If you have to have an iPhone 4S what's the point?!?
The point is -
For a lot of people (like me) Every time I've gotten a new iPhone, someone else in my family would be getting an upgrade as well (My old phone)
I got a 3gs, when the 4 came out, I gave the 3gs to my mom, and when the 4s came out, I gave my 4 to my dad. So now, I can give them both access to siri. This is the legal grey-area here.
I also have a 64gb iPT 4, which I can now put siri on.
Superb.
So Apple is required to accommodate your particular "family upgrade tradition", a circumstance which automatically posits a "legal grey area" when Apple aren't required (and don't) do that?
Self-entitlment writ large.