Windows 8 isn't sold as an open product.
Homebrew isn't illegal, and why should it.
Apple threatened jailbreakers that it was illegal, took it further and lost, now their mission is to **** off and brick all their devices that have been jailbroken but each time they get out-witted.
That kind of depends on your definition of an "open product" - since that's highly ambiguous, what I'm highly assuming Hawkman means is that Windows 8 is an open platform
- i.e. anyone who can code can make apps for Windows 8, as well as being able to run any app you like from any source you like. What I'm assuming you thought
he meant was open source, which the overwhelming majority of Windows isn't.
Open platform != Open source.
A game console predominantly (but not inherently) is a closed platform, only certain developers can code apps for it and you can only run apps that the manufacturer tells you you can run. Hence why homebrew is such a big thing, as it breaks the shackles of a closed platform.
In a perfect world I'd love for homebrew possibilities to be there for every console but with the ability to run custom code usually comes with the ability to pirate games. The only trouble in this day and age is that homebrew is largely there for utility. media app, and emulator developers (for things like office utils, video streamers, etc) - with the rise of being able to make a game and distribute it yourself via the likes of Steam or even through consoles themselves reasonably easily (and not to mention mobile devices) the interest from taking the time to make a game for an install base that relies on soft-modded consoles simply doesn't work out that well anymore.
Nevertheless, I'd love to see some emulator action on the Wii U - the idea of being able to play PS2 or N64 games on that Gamepad is just too awesome.