Actually this is what I was thinking, it's not like Sony/the retailer is forcing them to update to the latest firmware, the users chooses to update and loose that functionality.
Buying a device that promises to do A, B, and C. Then being told after the purchase that you have to pick "A" or "B and C" is not much of a choice. Even if I do nothing I loose advertised features (no PSN, no games or movies that require a firmware update). If I do update I loose real time AVC encoding: http://codecsys.fixstars.com/en/
A company is known by the men it keeps.