Yesterday we asked you if Apple should 1) keep on improving the App Store, 2) eliminate the App Store and let people side-load applications from any source, or 3( do both by keeping the App Store but adding side-loading as an option.
TiPb's mentioned before that Jailbreak is easily something Apple might consider "expert mode" or "iPhone pro", a second state of the device for those users willing and able to break the root jail and install their own apps, yet also something Apple doesn't have to offer or support as a second SKU.
Likewise, complaints that Jailbreak could potentially reduce battery life or stability are covered by users doing it -- or undoing it -- themselves, thus taking on that responsibility (and lets face it, my previous smartphone, a Palm Treo 680 crashed multiple times a day when making or receiving calls, and that was with standard apps installed...)
Apple can make legal arguments against the EFF and the idea that Jailbreaking shouldn't be made an official exception to the US DMCA laws, but they can also continue to ineffectively prevent it, much like they do with the Apple TV. Win, win?
It would leaves most users happy with the App Store, and those itching to go deeper with Jailbreak as an option.
GV Mobile is already there, after all...