Umm, haven't you ever heard of speed limiters? Most performance cars have them and most require a third-party crack to remove them. It is actually a great analogy. Law requires them, a firmware "upgrade" is required to remove them. I do not have access to 100% of the inherent capabilities of my vehicle's power-plant and transmission but I do not feel the manufacturer has ripped me off even though I might have to plunk down a couple hundred to get the firmware. It is actually your analogy that is seriously flawed.
You are thinking of the speed limiters which apply to all vehicles sold in North America, not performance cars.
Just to contest to that we in the North America gets the worst of the worst, we can't police our own behaviour, so we need speed limiters, and now, ESP functions. Speed limiters.... how american, nowhere else in the world has this, or made it mandatory (Europe, Asia, etc). But hey, supposedly we passed these laws to protect ourselves, just like the copyright laws, right ?
I fail to see how limiting the speed of ethernet network chipsets using software is protecting anything ?! That example you mentioned is applicable where safety is concerned, which doesn't apply to computers.
More importantly, why does the US just bend over and accept crap ?
I think the direction people are arguing this is a bit short-sighted. The fact of the matter is, for windows compatible products using the draft-n technology, the upgradability is advertised but not promised, ie, when the draft-n becomes finalized-n, a firmware will be made available to mandate this upgrade for routers, wifi cards, etc. And, since Apple computers have been using x86 compatible hardware (and paying the same money for the same wifi cards), it doesn't make sense for apple to charge money for this firmware upgrade, to draft-n, not even finalized-n, when the Windows platform users get their driver upgrades for free to enable that functionality.