To my way of thinking, the only loser in this whole mess is AT&T. It seems to be to Apple's advantage to have their phones on all networks. Everyone can use them. There is obviously a market for them.
People like me are stuck with Sprint because I'm too big of a tightwad to buy a phone on another network until the contract is over. Of course, by then all the bugs should be out of the iPhone, too. Lots of people would like on in the meantime, though, and will pay a premium to get it.
AT&T is in trouble. The lawsuit may be AT&T suing Apple.