I have a 2003 Maytag Dependable Care and it doesn't agitate or spin with the lid up. I just use Greg N's trick of wedging a yardstick behind the lid; not sure how you do it with the new Atlantis machines!
My DD Kenmore is from '98, and I have a BD from '82 that's in the shop right now (large leak), and both agitate with the lid up. What's the harm on THAT? The BD takes it 1 step further and you can watch the drain. When it's time for spin just put a screwdriver, pen, or your finger in the switch.
It's bad enough these new TL's don't let you watch the action; the lidswitches are downright UNDEFEATABLE, unless you take the entire control panel apart! Even more unnerving is the bundle of wiring on some models (namely M-A-Y-T-A-G!!) instead of just two connecting wires, to make re-wiring the switch difficult. IMHO, manufacturers are afraid we'll see what's going on under the lid, and as long as they hold us hostage, unable to see anything, they can make less of an emphasis on performance or gentleness...scary. Last time I checked, the only current machines with "easily accessible" lidswitches are:
1. Lower-end plastic GE/Hotpoint machines (MOL/TOL GE is hidden)
2. Electrolux-made Frigidaire TL's and Laundry Centers
3. Kenmore Portable washers
4. Kenmore/Whirlpool 24" ThinTwin Laundry Centers (Leslie, has Whirlpool hidden the lidswitches on these yet? The last time I visited Sears was in June...)
Geez...it's really starting to look like the washers are going to hell as far as quality and entertainment is concerned. I think it started with the window-less Maytag Neptune.
I'd say it's time to go "classic" as far as top-loaders go and look for a good GE Filter-Flo, Maytag, or BD WP/KM from the 1970's--80's...who's with me? The only new residential-grade washer I'd buy would be FL.
--Austin