It's nothing to do with Apple, however - it's not there fault/problem.
Having your iPod stolen is different from having your DD software. For starters, your DD software will probably have some form of over zealous copy protection scheme (like a hardware lock-in) that will actively prevent you from backing up your software. The iPod on the other hand actually comes with a clip you can use to chain it to the radiator, thus preventing theft. That's my point. Why should it be any different for DD companies where customers lose a product through no fault of theirs?
It is theiir fault tho'. If Valve goes bankrupt tomorrow, and everyone loses their steam account and any software they've "bought" on it (for example), that is most definately something that's Valves fault. It certainly isn't through any fault of the user. I'm talking about a 'product' here, not about ID/credit fraud where of course the company can be held responsible if negligent.
But they don't offer a product! When you "buy a game", you don't own the game, you just get a non-exclusive license to play it, providing you uphold the often draconian EULA. Publishers and developers offer a service.