ORLY?
@Demon:
"Because the SEC said if they gave it away they would be in violation of Sarbanes-Oxley Act rules. Apple ended up paying a fine because the SEC didn't think the $9.95 was fair market value for the update."
You can, of course, back that up with a web link to the news story that must have happened? Or shall we assume that you're just FOS. Or maybe S-O hearings must be held in secret. That must be it, along with other magic rules that say an iPod Touch isn't a new product, but an iPhone is (even though SJ launched it with the line "the best IPod we've ever made").
So also I can expect to be charged for the 10.5.2 update, which will be required to turn on time capsule (as Time Machine won't work wirelessly currently)? Or is there some other magic rule that means we'll be alright for that? And since when did the SEC start evaluating 'fair market value' for goods and services?
http://gizmodo.com/gadgets/wireless/accountants-say-apples-199-80211n-tax-is-bogus-230538.php
The ironic thing is, that if I were SJ, and I *knew* I was going to have to charge $20 for a few measly updates to the ipod touch - I wouldn't have bothered. The bad feeling over charging more than outweighs the 'new' features. People buying it knew there was a functionality gap to the iPhone, and accepted it.