well.......
As long as Apple (and others) insist on the walled garden approach to development, there will always be a perceived amount of decent.
The way I see it, it's my device, I bought it, and if I want to open it, jailbreak it, and use it how I want to, it's against the law.
Open source cannot compete with the marketing and hardware innovations.
I remember reading an interview with a Sony developer that was working on netMD. He said that he listed the features that were possible, and the lawyers reduced it down to a barely usable format.
I hope that Apple and others learn from XBOX indie games and make it a little easier to play in their sandbox.