I don't follow this logic. "I'm certainly disappointed in the pervert's use of the open curtains here, but we need to fix open curtains as a whole." Apple are still responsible for the ethics of their actions, regardless of the legality of those actions.
Our legal system has no room for ethics. If the rules of the game make it profitable to be evil, companies will probably be evil. They might not be, but it'll be an uphill battle. If we redesign the rules so that being evil is not profitable, that will make it a whole lot easier on everyone.
Of course, actually doing so won't be easy, because the status quo benefits most influential players...
I don't think he's saying it's ok. He's saying that in spite of Apple being unethical the present condition is an inevitability. We can try to shame Apple into doing the right thing but it won't fix the real problem.
