True, but for starters people have already started filing lawsuits against AT&T for the whole MMS thing and as for whether or not I'm justified in suing a company for not documenting or supporting a feature is not my argument. All of the things you mentioned can be supported with software updates. My argument is that Apple sold me a product that will never support hardware encryption just like it will never have a digital compass. The only difference is that I knew the 3G didn't have a digital compass and that it's absence won't prevent me from using Google Maps after future updates are applied. Although after this experience I'm not so sure.
Apple stated that the iPhone 3G supports MS Exchange. It may do a poor job of doing it and there may be many features that it does not currently implement but none of them actually prevent me from accessing my corporate email. This 3.1.1 update completely screws iPhone 3G owners. Period.
As an Exchange admin, with lots of iPhone users, I was concerned that we would have this issue. It turns out that these encryption settings are _not_ the default on Exchange 2007 SP1, just an optional feature, so our iPhone 3G users have had no difficulties. I hate to say it... but the real problem is not Apple or Microsoft, but your Exchange Adminstrator.