Sorry, what? Does buying a device from Apple contractually oblige me to turn on the phone and agree to the EULA on "first run"? What about second hand markets?
What if I was smart / tooled up enough to replace the Iphone flash storage with my own OS (without running "first run")?
At what "technical level" would what your saying make any sense? Because it seems far more like a "contractual condition of purchase" (I appear to have made that term up) issue vs a "technical" issue to me.