As with many questions of openness, it's a question of pragmatism. It might be fair if some Kickstarted device did this or something, but this is Google's flagship tablet. Google uses the "Open" moniker as a marketing tool to both sell the devices to like-minded supporters as well as to bash others (Apple, MS, etc) pretty much whenever they can, as do many of their affiliates/partners. As such, it's completely fair to hold them accountable when that ends up not being the case.