Except that apple is not going to let it be tethered. This isn't a case of taking a blind eye to jail breaking but rather slamming the door on people. You need/want 3G access, you'll need to but the unit, not hack or tether a wifi model.
Uh, no. Apple can't stop that. All they can do is stop AT&T from offering an iPhone to iPad tethering plan. Which is odd, as thy added tethering to the iPhone OS so you would think they would WANT you to have this option (selling an iPhone AND an iPad w/ wifi is probably much more profitable than selling an iPad 3G by itself).