Even though it is seldom done,you can make the same argument for "hardware hacks".
Many years ago,(1988),I was heavily involved in a project to convert a TV Transmitting site,designed for full-time attended operation into one which would normally operate in an,automatic,unattended mode.
This entailed getting access to the relay/contactor control system of the 1959 vintage Marconi Transmitters,setting up a Programmable Logic Controller to switch these controls in the required sequence,plus add emergency shutdowns in case of failure.
Another necessity,was to provide automatic program source changeover in case of the loss of the active Studio to Transmitter Link.
The installed (1974 vintage) Marconi video switcher didn't have the ability to also switch audio,so we "reverse-engineered" it to add that facility.
Upon the receipt of the correct relay closure from the PLC,it would switch the Transmitter's video & audio from one source to another as required.
There were many other things that had to be done,but I can ask the question re the two above ones.
(1)Was there an "implied" facility of automatic operation in the Transmitters,simply from the sequence of control operations used?
(2)Were we "stealing" functionality from the video switcher manufacturer,knowing that they did produce a combined unit?
(1)In this,case,it is unlikely such an argument would hold water,as we designed our controller to duplicate the operations which a Human would perform.
In any case,if we had replaced the Transmitters with new ones it would have almost certainly been from another source,so no loss to Marconi
(2)Maybe,but again there was no loss of sale to Marconi,as replacements would probably have been "Grass Valley' not Marconi.
Of course,Management would have laughed in my face if I had suggested spending several million dollars to assuage my conscience!
Another,"sort of" related thing--
Some years back,I bought an "e-Machines" W7 desktop computer,for $A400--quite a good deal.
It turned out the rotten thing would "crash' at any pretext.
"OK,let's look at the Microsoft pages to find out how to fix this."
Alas,none of the fixes worked,as the computer was shipped with a "dumbed down" version of Windows 7,with some of the more useful functions replaced with proprietary "e-Machines" crap.
Eventually,I could stand it no more,so I bought a proper Windows 7 disc,& did a "clean install".
The thing has run like a dream,ever since!
Of course.it has now cost me $600!
Maybe I should have lived with the dumbed down version,as that is how I bought it!