Well, that's as maybe, but in this case I found that the cost of a SIM free Desire and then 2 years of a SIM only contract was about 180 GBP more than the cost of a 2 year contract plus a Desire from Vodafone.
When I bought the phone, before signing on the dotted line I asked specifically about the branding aspect of the software and was told that it was essentially unbranded but with one "scene" (home screen wallpaper/icon/layout) that was not even set as the default. I was also told that Vodafone would not be changing this in the future, the staff in the Vodafone shop also told me that they disliked the heavily branded phones because an increasing percentage of their customers were telling them that this would be a deal-breaker for them.
In addition to this, a joint press release from HTC and Vodafone at 3GSM stated clearly that only the HTC Legend was going to have the Vodafone 360 applications on it by default because it was seen as a "differentiated experience" and was not being treated like the other HTC Android phones.
There is also the small matter in the UK of the Sale and Supply of Goods Act which states that goods must be fit for purpose and of merchantable quality, this means that a firmware update that badly affects the function of the phone as this one did will form part of the reason why it can be rejected and the vendor expected to sort out the mess they have caused.
Luckily for me, I did not apply the update because I read about the disaster before my phone notified me of the update. I also knew that an Android version increment will mean a major version increment of the software, as soon as I saw that this was still a 1.x version I knew that it wasn't Froyo!
So, Vodafone have contradicted their stance at sale time, and they are not allowed to do that when the information given at the time formed part of the contract of sale. The phone actually becomes the purchaser's property immediately, the contract is for airtime, and while it may recover the subsidy on the phone it does not mean that the network still owns the hardware with the exception of the SIM card.
This is an important victory, but there will need to be some vigilance to ensure that they don't try to roll the 360 apps into any future Froyo bug fix releases, in fact the simple solution is one that has already been taken, putting the Vodafone 360 apps in the Android Market for those that want them and then they can be removed without needing root access.