Yeah i tried to disclaim it with "it is supposed" because the rulings have been all over the board. I agree that the claim/counterclaim should be used properly but, for me personally if I where Apple I would arbitrate to CYA alone. It's a small price to pay, to be able to prove you exhausted all means to arbitrate the dispute as a third party. I think most would rule out liability on Apples part if they did so.