The chorus of "The hardware is hardware, and we can do whatever we want!" misses the point.
It is a good point sargun. One I wish I had an answer for.
Perhaps one explanation lies in the fact that some level of risk and skill and ingenuity and research is required to actually mod hardware. So we feel like the hardware modders deserve the fruits. But at we feel like the software "modders" don't, because most of them are thoughtlessly running some riskless script devised by someone else.
I am not saying this should be our attitude. I am just saying I too have the knee-jerk reaction "the hardware is the hardware" but am far less certain when it comes to software. And I don't really understand why.