Kind of interesting to see how the Copyright Office attempts to keep up with these technologies. How long before the distinction between "phone" and "tablet" is so blurred they need to make another ruling? How long before someone else produces hardware with no restrictions on which operating system and carrier you use that can actually compete with Apple (making this ruling irrelevant and obsolete)?
@Chrislove, that's actually a superb idea. Just standard hardware which you can pop in any SIM.
@Both for Android one would just use AOSP and some apps/mods to handle the hardware. For WP8, I don't know. But for Android, definitely. As long as AOSP (CM10 etc) runs decently on it, it will be sweet.
In the case of Android if the hardware is open ala Ouya, then yeah...
As for phone and tablet, it is pretty blurred.