Who owns my iPhone?* That is the heart of the question.
I would think the heart of the question is Who Owns the App Store? Are you really suggesting that Apple be forced to sell particular items through their own store? If that's the case, who would you envision as the arbiter of what they should be forced to carry?
It would be different if Apple's app store were just one app provider, but it's the only way to get apps onto the phone!
If that's a problem for you, or if you generally object to their business practices, vote with your wallet and don't buy their phone. It's not like there aren't alternatives readily available. If you just gotta have shiny, jailbreak it.
It's not like controlling behaviour is something new to Apple.