It would still work as a fund. No service providers, to my knowledge, have taken a stance in light of the potential negatives and continue to sell the service and device as if there were no concerns - our TMO rep has been pretty pro-corporate-model when it comes to asking for an opinion on the matter.
Most lower-tier CSRs for major providers (the ones you are questioning) are out-sourced through specialized in-bound telecommunications companies - this is why it is often hard to get escalated for simply a question, to be perfectly honest. The injunction is still up for a hearing, and to my knowledge, the details of what would be granted versus what is being requested are two different matters. NTP has requested an injunction (ban) on all sales and service for non-government users and critical first responders (9-1-1, etc). RIM has outcried that any injunction granted, if it were to come to that, should not have any effect on current customers ... but that is only their wishes and opinion.
In the beginning the Universe was created. This has made a lot of people very angry and is widely regarded as a bad move.