Oh, I do bash them for it! Apple are just "in-proximity" here.
You can still load homebrew up on the DS, and distribute it, without a Nintendo licence and using low-cost flashcarts, though. And give it away to others. The only limit is on the official retail channels, which is entirely different to
locking people out of distribution entirely.
Sony DO have let you load another OS onto (until now, because of an idiot hacker) the PS3, etc. Also, the Kindle has a
SDK in beta. The platforms are nowhere near as closed as you're making out.
"you cant make a film or write a book using someone elses characters."
...
You don't trademark a hardware design any more than a book has a patent taken out on critical sections of it, or its internal workings protected by trade secret. Quite literally, another area of law!