I didn't realize the association was licensing the technology to non-members. Note, however, that Sony maintains that licensee list on behalf of the association. Sony isn't granting manufacturers access to the technology on solely their terms.

Still, this is one reason why BluRay shouldn't be compared to failed Sony formats such as Betamax. One of the reasons Betamax failed was because Sony kept the technology to themselves. JVC, on the other hand, licensed VHS to everybody. Plenty of hardware competition forcing better products and better prices.