Everybody has a EULA nobody reads. The question is why does the cultural angst focus on Apple? It's because Apple is the new Microsoft. It's the 1984 commercial flipped on its head. Apple is Big Brother. While we are all laughing about it, everyone is just slightly scared of Apple. Face it, they're getting super creepy.
They have a "weak" trademark claim? Yes and no. Theoretically, it's a weak claim. (The claim would be false indication of sponsorship.) But as a practical matter, it might be a strong claim. Why? Apple has fantastic lawyers. The likely defendants in the first round of cases – people who use enticements of free iPads to push spyware or something equally sleazy – will have weak lawyers. Even lawyering talent being equal, judges often side with prestigious corporations who are big employers over fly-by-night three-person shops. That will allow Apple to establish precedent for its position that it can use against better-lawyered opponents in later rounds.
Sorry to be such a realist, but that's the way I see it going. In fact, similar dynamics may have already established helpful precedent – I haven't researched the case law.
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