1. Most consumers won't care - API access is a non-issue. The best way to make consumers ask for this is by providing features which rely on this access. For example "VW's cars can do XYZ, why can't BMW's?".
2. I am not a lawyer - I'm also based in the UK, not the USA. I suggest contacting the EFF or writing to your local politicians.
And, yes, let's hope Open Source wins out in the end!