radokim,
you forgot 4) This is not a hardware problem and you still have the same problem after a replacement, accompanied by other problems that can happen at Apple Stores (machines are being repaired by human beings who sometimes make mistakes). The result could be a computer that's even worse.
No, if you just want to be "legal sure" (as for the possible question "Why didn't you let Apple repair it?"), you can point to this thread. If you just don't like the stripes, let Apple repair it. If it doesn't work, let Apple repair it again, and again, and again… and while they're repairing, don't complain that you don't have a computer. All the best for the people who are in the latter category.