if anyone does it sneakily, there is alleged wrongdoing attached to it. I can imagine multiple scenarios like some well-known Israeli company "selling their software only to governments", paying quite amount of money for it, because they were unable to break this one.
> there is alleged wrongdoing attached to it
Probably not from a legal perspective, but morally yes. Apple cause batterygate with good intentions but sneakily. Not being transparent is what shot them in the foot. AMD didn't learn anything or thinks this is small-time so no blowback (sadly they might be right).