The business model shouldn’t decide what’s legal. If it’s legal for Sony, it should be legal for Apple.
Or if you disagree, fine. What’s the threshold? How does the Government acquire the information to determine if enforcement is necessary? What happens if the PS5 console, later in its life, is ever sold for a profit?
I think the argument being made is that hardware companies should be required to sell hardware at break even and provide free services and software to developers.