Your entire premise is incorrect so pretty much the rest of your post is also false. The iPod firmware is required to actually operate the hardware. Its useless and can't even run any other OS without heavy modification. The firmware is pretty much the software driver to that extent. The hardware can't function with anything else. The firmware *can't* run on other media players either do to this idea. Its meant to run specific hardware. Systems like that are tailored to the OS. Its not just a piece of DRM that keep them tied together.
You seem to have something against people who are anti-DRM. No one has ever said that all software is DRM and that all DRM is evil. It just has to be noted that DRM can never *add* value, only detract from it, therefore anything *with* DRM should be priced accordingly and DRM-free options should be available.
You also provide no evidence as to why its a steep hill. Plenty of evidence is provided that they are two separate markets (as Apple *does* have a software and hardware division, Apple sells the OS separately and no, they're not just upgrades as you can wipe the entire OS and still install from the disc, therefore its a FULL OS, the hardware can run other OSes other than the OSX, their main competitor only sells OSes, should I keep going?).
And its BS (whether the law actually backs you up or not) to assume a company should have any say about what somebody does with the product AFTER they purchase it. They may have a legal right, but its ridiculous that you can't purchase anything anymore. If you can't do what you want with it, you don't own it. If you're fine with someone else owning the stuff you pay for, be my guest and be a fan of that business method. If, on the other hand, you're an intelligent being who thinks they own what they buy, you need to look deeper into what side you really want to support.