iPhoneDrive invalidates warranty
I was having sync issues with my iPhone, and was given a trouble ticket, then sent to me Apple store - when asked if I had unlocked, or used any third party apps on the phone, I said now, only the commercially available iPhoneDrive, which makes no alteration to the firmware.
The "genius" at the bar stated that using iPhoneDrive invalidates the warranty - and he refused to even replace my sync cable (which was partly why I went to the store).
Tell me how a sync cable can be damaged by software - it can't.
A careful reading of Apple's warranty states only that if an item is damaged BY third party software, it falls out of warranty. The Apple warranty DOES NOT state that third party software in and of itself invalidates the warranty.
The Magnuson-Moss Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written warranty is, your customers always will receive the basic protection of the implied warranty of merchantability.
In other words, there are certain things the EULA cannot abolish, relating to implied warranties.
I thus believe that Apple is in breach of certain state laws relating to this issue. The remedy is a civil or class action.
But there's more:
If Apple has written and distributed software (such as iPhone 1.1.1) that *intentionally* and *maliciously* damages users phones when installed, then they are easily in breach of many other state and federal laws. A class action is the way to prosecute this.