If that's the case, why can't they drop OS X and iPhone and simply make clones, just clones with polish and attention to detail?
You want to have your cake and eat it too: You want Apple to innovate and you want everyone else to leverage their innovation freely. I understand why that's in your best interests, I can't figure out why Apple would bother if everyone else could "adopt" their innovation wholesale.
Where do you want to draw the line? Can others adopt Apple's multi-touch gestures? How about the look and feel of OS X? What about the code, can CherryPC or whatever they were called make PCs that run OS X by writing drivers for it? How about duplicating the OS X copde, can Chinese clone makers simply copy the OS X code and replace Apple's logos with their own?