I wholeheartedly agree that Apple should allow some downgrade of iOS if a version isnt working out, but these users could have gotten a phone that worked simply by taking their complaint to someone that could help them. I cant feel sorry for people that chose to complain on the internet instead of getting Apple to get them a new phone after this happened.
PS: Doesnt MS charge for a downgrade option to XP from Windows 7? Imagine if Apple charged for that option.
The problem is there is no one to help them, and Apple was not going to give out new phones. I went to 2 Apple stores after I upgraded to iOS 4. Both stores told me that there was no way to revert back to iOS 3, and I should buy a new phone. Never mind that I was not yet due for an upgrade, and a new phone would have cost me $400.
I think the suit is BS, but the situation, along with others (e.g., logic boards in the new Airs), tells me that Apple is having some QC issues as they have grown.
When Apple said that iOS 4 would run on the 3G, with certain features excluded, the clear implication of the statement is that Apple tested the software, and that there would be no significant performance deficits, which was not the case for a large number of users.