Monetizing a protocol is poor form, but monetizing an implementation of a protocol is not.
If they created a new protocol specification, and opened it up, _and_ their implementation (which could be proprietary for all i care) is faster, then its all fine. As long as other people could implement the protocol in a different way without infringing on patents.
A standard protocol that's freely implementable by all is vastly superior to a slightly faster proprietary protocol heavily encumbered by IP bullshit.