I wouldn't begrudge Microchip their business model if they would drop this "open source" claim. Here's the first sentence of their press release about the ChipKit:

  "Microchip Technology Inc., a leading provider of microcontroller, analog
  and Flash-IP solutions, and Digilent, Inc. today launched the first
  32-bit-microcontroller-based, open-source development platform that
  is compatible with Arduino™ hardware and software."

As someone who makes a 32-bit-microcontroller-based development platform that is actually open-source, I don't want them claiming membership in my tribe. It's like exaggerating the specs of your hardware-- don't call it 1 GHz if it only runs at 800 MHz.

Of course, it would even better if they would join the open source tribe for real-- maybe I could have stood on their shoulders instead of next to them.