Not saying this is google's fault.
The fix is relatively simple, all "certified" devices must register their driver software with Google so it can be centralized, pooled, shared and reused without restriction.
Another problem is the bizarre proclivity of manufacturers to encrypt their boot loaders, then release a "fix" for it a month later. Just require manufacturers to not lock the bootloaders, that easy. Locked boot loader? No license. Done.
Note: Insterestingly, I believe it was HTC that accused Google of requiring the encrypted boot loaders to comply with the DRM'd distribution of media through Google's market.
That is strictly incorrect. I have all of Google's proprietary software on my rooted devices with custom roms, and didn't have to do anything special except get them from the Market after installing the roms. Just like I did when I got the phone from the carrier in the first place.
But they haven't C-D'd anyone rehosting the GAPPS zip files, nor do they care about the backup and restore script in CM to back them up from an existing Google-packaged ROM and restored into a custom one.