I think the distinction that is confusing several people is that between the market for cellphones and the market for applications which run on high-end cellphones/mobiledevices. Using some of the numbers thrown around, it's the difference between saying Apple has only a 15% share of the cellphone market, vs., 99% share of the paid smartphone applications market. It's that latter market that Apple is clearly the dominant player in, and their change to the 3.3.1 could, by a reasonable person, by seen as a move to stifle development on competitive platforms. I think this is the basis for a potential investigation.