In my opinion it should be, it should be an abuse of Apple's monopoly on the hardware (including patents preventing someone else from building an equivalent dev

In my opinion it should be, it should be an abuse of Apple's monopoly on the hardware (including patents preventing someone else from building an equivalent device) to create a monopoly on the software. Legally I don't think it is today though, and my understanding of the law is that it's precisely because they haven't advertised their hardware as open as you say.