We may think that it is the user's responsibility to know, but that is not the law in most jurisdictions. Apple didn't win this case because the Court thought

We may think that it is the user's responsibility to know, but that is not the law in most jurisdictions. Apple didn't win this case because the Court thought personal responsibility should triumph. Apple won the case because the plaintiffs didn't plead sufficient facts, and therefore the Court dismissed the case. A better plaintiff, that is one that has actually sustained an injury, could prevail against Apple. The plaintiffs in the case do not allege any personal harm. Secondly, a court in a different state may rule differently. This case applied California law only.