But the "old rules" were explicitly deemed illegal. Is there a limit to your logic? What if Apple had set the per-installation fee to $50 instead of $0.50? Developers have a choice! If they don't want to pay $50 per installation, they can choose the old rules. There is no gun to their head.
Where is the line? Surely at some point, the choice is so unreasonable that Apple has effectively forced developers into "the old rules," thus circumventing compliance with the new rules, which may as well not exist if no developers can afford to play within them...