> That requires making the case that the consumer believes they are buying a general computing device
Considering Apple has been pushing the "iPad is a PC replacement," it's a fairly easy case to make with regard to iOS and the App store. There is a lot Apple has done to push the idea that the "users" are in control of their information and that "there is an app for that." Couple that with the history of people being able to customize their phones in certain ways, it's not a case that is that hard to make, especially when compared to contemporary phones.
I do think you have a better argument: if Apple has falsely advertised the capabilites of its platform as being capable of general computing, it may be liable on that count. I do not think you can argue a history of customizing phones, given Apple was the first provider with this scale of adoption.
Considering Apple has been pushing the "iPad is a PC replacement," it's a fairly easy case to make with regard to iOS and the App store. There is a lot Apple has done to push the idea that the "users" are in control of their information and that "there is an app for that." Couple that with the history of people being able to customize their phones in certain ways, it's not a case that is that hard to make, especially when compared to contemporary phones.