Apple is acting illegaly, period. I experienced it.
My iPod Nano had broken up in less than 2 years.
I took it to the Apple Store for a free replacement as the european law imposes (and that's also common sense, a Nano shouldn't break by itself after less than 2 years or it's a shitty product).
They didn't want to give it to me.
I called Apple by phone, said I was taping the conversation and that I would sue if I didn't get the replacement, they agreed right away...