I don't particularly care much for D&D. I'd prefer if it stopped being used in CRPGs, not because it allegedly stunts developer creativity, but because of how its overal handled. There's not really a reason as to why it shouldn't be used on grounds of it being a recognized brand name: it draws people in, and generates revenue, so why not use it?
On the other hand, i feel its use is usually just validated on the namesake->revenue ratio. Its ruleset isn't perfect, neither the best. Its source material isn't exactly excellent either, and likely, a good, competent writer - or group of writers - can create an equally or more compelling collection of source material. If the consumer, on a whole, doesn't care about the rules, or that the concept of creative license breaks the canon of the source material, defeats the purpose of using D&D for CRPGs. If you buy into the Rule Zero apologism, then you're conceding that the system itself, and its supporting elements, aren't important. If using and abusing creative license is the way to go, than most settings and rule systems can be exploited under this guideline.