Cydia or the other jailbreak market (can't recall the name). Those certainly aren't remotely equivalent options, but my point was just that 3.3.1 is about Term

Cydia or the other jailbreak market (can't recall the name). Those certainly aren't remotely equivalent options, but my point was just that 3.3.1 is about Terms of Use for the App Store, not an attempt to legally stifle an existing secondary market as with car parts and ink cartridges. It's thus a qualitatively different situation. More relevant precedent might be found by looking at other situations where service providers have added terms to limit allowed devices/tools.