I think the big sticking point is whether smartphones are a generic, standardised thing that requires some level of guarantees for the end consumer on accessing

I think the big sticking point is whether smartphones are a generic, standardised thing that requires some level of guarantees for the end consumer on accessing software of if each smartphone is one of many products in a broad category that all have different restrictions and limitations. Essentially the "you have a choice, just use Android" defence. I'm not saying which one is correct here, just that this seems to be the specific fork in the road between differing opinions.