Ohh, i know...but i dont think thats why they are both being sued...from how i read it they promoted the iphone with MMS when they knew they couldnt delivery the service. Its the fault of Apple for promoting it and the fault of ATT for not having the service available. However, Apple can prove they have it working, but they should of never stated that it had the service in the first place when they knew ATT wasnt ready. Im sure, if they wanted to, point the finger at ATT for not having the service available.