Ok, the lawsuit seems to be horseshit. 4.1 supposedly fixed the issues - yes it was a few months after 4.0, but it demonstrates that we're talking about software bugs, not Apple trying to permanently cripple the device.

Engadget:
Quote:
and our own personal experiences) indicate that the 4.1 update resolved most, if not all performance issues.
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Bruno
Twisted Melon : Fine Mac OS Software