With the iOS 4.0 update, Apple finally figured out how to bring free major updates to the iOS operating system to non-contract devices like the iPod Touch…. which makes this rumor coming out of Stuff.tv pretty questionable.
According to their app developer sources, a paid update to iOS 4 for the iPad is a “definite.” That’s a pretty big contradiction of Apple’s own iPad EULA, which reads:
Apple will provide you any iPad OS software updates that it may release from time to time, up to and including the next major iPad OS software release following the version of iPad OS software that originally shipped from Apple on your iPad, for free. For example, if your iPad originally shipped with iPad 3.x software, Apple would provide you with any iPad OS software updates it might release up to and including the iPad 4.x software release. Such updates and releases may not necessarily include all of the new software features that Apple releases for newer iPad models.
Of course, Apple’s free to change course on this, but if they figured out how to bring iOS 4 to the iPod Touch without a fee, there’s little doubt in my mind they can manage it for the iPad… even if Cupertino was tempted to go back on its word.