Nintendo pioneered this in the 80s, with their connector patents and weird, proprietary chips that cartridges required, learning from Atari's "mistakes" of not locking it down hard enough. They were rewarded with big sacks of money and developers that got used to the rough treatment. The industry still hasn't recovered.
It's why I love GamePark so much. Fun little handhelds and open development. I've bought two of their products so far. But they file for bankruptcy more often than Shigeru Miyamoto flashes his trademark smile; it isn't an industry that is easy to break into, and there's not much incentive for the big players to start playing nice.
Consider the ethics of (a) using the Wiimote to drive my set-top box and (b) getting DirecTV without paying for it. The situations are clearly different. The former drives innovation [1], the latter doesn't.
[1]: http://hacknmod.com/hack/top-30-wiimote-hacks-of-the-web/