Your argument contradicts itself. It seems as if you are calling for a level playing field so that Apple and Palm products can compete against each other on their own merits.
But remember, Apple out-competed their iPod opponents by making not just a hardware MP3 player, but also a best-of-class jukebox and wholly innovative online music marketplace and integrating them all together. This integration has been shown time and time again to be the force that gives iPod an edge over competitors. In short, iPod "just works".
Enter the Palm Pre which is just a device. No jukebox. No music store. At this point, if Palm wants to compete, it could invest in building its own media jukebox and online store. Instead, it decides to use 2/3s of the technology of the product it's supposedly competing against by masquerading as the competitor itself.
It's as if you take a Boxter, replace the steering wheel, and then call yourself a competitor to Porsche. At best you are partners with Porsche, and at worst you're ripping them off. In either case, it hardly looks like the level competitive playing field you call for.