Yep, that is what the first technician was saying. I was arguing with him, and finally asked for the manager. The manager was very quick to offer a new phone. Nice, that is what i "expected" from all the good things I have heard about apple, but was still weird and disappointing to have the strange argument with the first guy. The first guy treated me like crap, the manager treated me like a king. I do think Apple should rethink, or retrain, the first level of support people, at least at my store...