Nobody's forcing you to choose Apple/AT&T, but nobody's forcing Apple/AT&T to advertise and agree to terms they can't meet.
The Tyrannosaurus rex.
Glider does not bypass warden. Glider is stealthy and is not detected by Warden.
The word is not 'bypass,' it's 'circumvent.' Glider circumvents Warden by avoiding detection.
Glider is not a tool that "accesses elements of a copyrighted work". It is a tool which accesses elements of a copyrighted work that you, as the user/developer, have a legal license to access
As you state, Glider is a tool that accesses elements of a copyright work. Everything starting with "that you" does not matter, because the DMCA does not permit you to make a circumvention tool just because you have a license.
In other words, Glider does not bypass protection mechanisms granting you the ability to access copyrighted work without a license.
Again, you've added words that don't matter under the letter of the law. All that matters is that something accesses elements of a copyrighted work and circumvents access control mechanisms to do so. It doesn't matter if you bought it. For example, people who buy a DVD cannot legally create or distribute DeCSS (or modern equivalent).
Repeat after me: the DMCA is not about preventing copyright violation. It is about the copyright holder controlling the work once it's in your hands.
1) They sell software as well as the service. Their terms say you can only use their software with their service. The legal enforcement of this could have far reaching consequences.
2) Their enforcement of those terms is through the courts, where the arguments of their lawyers stretch laws like the DMCA or the validity of EULA's to cover more and more ground. Once there's precedent it affects everyone, not just WOW players or gold farmers.
In other words, a tool that a) accesses elements of a copyrighted work b) evades protection mechanisms to do so violates the DMCA. Maybe the issue isn't with the judge, but with the law he's interpreting.
There's one additional joke to be made about the relevance of your username to this topic left as an exercise to the reader.
Consider the ease of acquiring information today compared to any other time in history. Do you have to travel into the nearest city to get your news from pamphlets or single page newspapers? Consider how long it takes you to buy food from the store. Are you spending a couple hours walking to a market every day, and spending the rest of the day in front of your wood stove? Consider the length of your working day. Are you out on the fields sun-up to sun-down, or spending 14 hours 7 days a week laying a railroad?
Face it: people today have the most time and the most resources to make themselves informed. They would rather spend it taking advantage of the most entertainment ever available, but hey, seeing fat people and midgets get knocked around on "Hole in the Wall" looks pretty fucking hilarious so what do I care.