Interesting... I thought that was the worst bit, at least in terms of substance. The government had raised the point that Apple [claims to?] own the software on the iPhone, and that they had to take the ill effects of that ownership along with the beneficial. I'm not so sure about that legal argument, but Orenstein decided to ignore it completely and offer humor instead. It was a blemish on an otherwise-excellent analysis, although I can't help but feel that he's put rather a lot of his personal views into this order.