As I said, there were earlier deadlines, but they didn't apply to members who weren't in the working group -- just as the whole process doesn't apply to companies that aren't W3C members at all.
Perhaps it was a strategic error by the W3C to standardize touch events in a new working group (allowing Apple to delay longer just by refusing to participate), rather than an existing working group that Apple already participated in. But in the end, no matter what process changes a standardization body makes, Apple will always have the option to just take their things and go home. And they'll continue to do so whenever engaging the standards community is less beneficial than their other priorities (like having a stronger patent arsenal to use against mobile OS competitors).
And sure, I don't expect Apple to act any differently. They are a for-profit corporation, and they have not just an expectation but a duty to use the tools the system gives them -- including patents, secrecy, and lock-in -- to create and capture value. And they are very good at it. And they've created some tremendous value not just for their shareholders but also for users and developers.
But, thinking in the long term, remember that the open web is part of what kept alternative platforms like the Mac useful and viable through decades of Windows monopoly, and what made devices like the iPhone useful from day one, before the SDK and the app store. Open platforms like the web are great for disrupters, but for the same reason they are scary to incumbents.
If the dominant computing platforms of the 1990s were as locked-down as iOS and Windows Phone are today (with one company controlling software distribution, and forbidding any alternate ways to download and run code), then the web would never have been allowed to take off. I want to build and sustain platforms where the next web-like innovation will be allowed to happen. But today's incumbents understand what this means, so I expect a real fight to keep that possibility alive.