You mean apple's in-house legal council argued that it's a DMCA violation to jailbreak a phone. E.g., doing the exact job any decent lawyer would do for their client.
That's a little different from Steve Jobs saying "If you jailbreak your phone, I want you in federal prison."
I'm no apple fanboy or hater (I donate to the EFF, and write this from a macbook pro), but if we want a company to behave "right" (for our definition-of-the-week of "right"), we have to be fair to them first.