I never said it was. But if taken to court the outcome of the case will determine it. But looking at it from a rational, non-fanboy view, apple is just as controlling as M$, if not more... Apple lost the desktop OS war due to their controlling nature. So far they have not seemed to learn from their past errors...
People said the same thing about the iPod and iTunes. Apple didn't lose the Mac-vs-PC war in the 80s and 90s because they were too controlling. They lost it because their products were largely incompatible with the already dominant PC world. That doesn't apply to the iPod. And it doesn't apply to the iPhone either.