First of all I am not a lawyer and I did not say that they could be held liable, but correct me if I am wrong, didn't apple have to have an agreement similar to that in order to sell music on itunes. Last I checked when I buy music from itunes it does not have a built in feature for me to give that music away, I have to use clever tricks to do that.
Also, this is a capitalist country, companies will do what makes sense for them to make money and keep their shareholders happy, most of the people who complain about this or that company not being open do not work from free, last I checked. How much R&D money did any of the complainers invest into any of the products M$ or Apple has ever put out. I think that if our taxes were paying for the development of those products , then they would have an arguement, other than that, enjoy the iphone for what it is: A LUXURY, not a god given right.