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From an IP attorney that played both games, and barring actual copying of code, this law suit has no chance.
I agree with the article. But teeing off of "What Would Steve Jobs Do/Not Do", Steve Jobs would not let these Apple events devolve into a litany of completely uninspired and unprepared speakers. Apple events are nearly unwatchable.
Apple forces preauthorization to help avoid scalping / grey market phones. This change is a result of the "SIM Free" phones, not some new Apple store version. Expect the next round of iPhones to continue the preauthorization at launch. Poor story.