Apple "got away" with it because they have a product that's compelling despite the problem AND they provided a (partial?) solution to the problem.

Which is what Apple does best in every category in which they're successful. Is the iPod the most feature-laden PMP? No. It is still the best across the categories that matter for most users. Same with the iPad: I know no 'normal' user with an iPad that doesn't like it. And they almost all have some point of "I wish x was better." It's just that the goods far outweigh the bads.

Oh, and their branding doesn't hurt, either.