It's often not in the best interest of private companies to use open standards. If using an open standard is a net financial loss, why should the company do that? It's simply the result of how the system works. I've been thinking whether the rules (=laws) can be changed somehow to provide incentive for using open standards, but it's quite a complicated problem.
Instead of adding more rules with their inevitable unintended consequences, I'd rather we'd kill the rules that promote closed protocols, like the anti-reverse-engineering clauses and overreaching "anti-hacking" laws.