Some have criticized Canonical for missing an opportunity to push for a fully Open Source smartphone, but in order to fix this problem (and open up the code for this super-critical bit of software), we need companies that have a large amount of clout, in the smartphone market, to make it a priority. Canonical (with Ubuntu) just doesn't have that clout yet. They're just now dipping their toes into the smartphone waters. But you know who does have that clout? Google.
Google has made a point of touting Open Source (at least sometimes), and they are the undisputed king of the smartphone operating system world. And yet I hear no big moves by Google to encourage phone manufacturers to utilize Open Source basebands, such as OsmocomBB. So has Canonical missed an opportunity? No. Not yet. If (some may say "when") Ubuntu gains a critical amount of market share in the phone world, that will be their chance to pressure manufacturers to produce a truly Open Source phone. Until then, Canonical needs to continue to work within the world we have today.