The problem is not apple. The problem is the entire mobile industryAbout 5 years ago I set out to do my first mobile startup. Using RSS to SMS to provide near real time traffic updates. In the beginning the problem was to get a shortcode and SMS gateway provider. No possible way for a startup with little money to directly hook to the carrier gateway.
Then I said forget it, let's morphe it a bit and distribute games for small time developers. Cool. I already knew about 6 or 7 games developers who committed to let the startup distribute their games, but we quickly found the pain because some carriers did not allow downloads unless you went thorugh their certification program.
I also built a mobile marketing tool to help merchants geo-target their offerings. Cool. But qucikly enough you find that you have to continuously pay for each SMS, hence there was no sealing (at least not at the stage I was in) and you had to depend on a third party that can shut you down at any given time. Heck even Twitter had its service turned down by T-mobile for a short amount of time.
Anyway you go in the mobile industry, save one, you are dealing with restrictions. That is why I am saying the problem is not JUST Apple. It is the industry in general. If you create apps you will sooner or later hit a barrier. In one case the barrier will be Apple, in an other it will be your SMS gateway provider, in an other it will be T-Mobile, in another it will be BlackBerry certificates.
That is not to say there is no way around. There are applications that are truly independent of carrier rules or mobile platforms. Applications that you write once and they work on every cell phones, every carrier. It is just that developers want to bet on their apps being approved all the way to the top, or they think that if they hit a tiny 1% of the market they will make it big.