I guess I don't see where anybody is claiming that it is.
Once I get a binary from Apple, can I legally redistribute it more than five times and/or to devices that Apple doesn't like? That's the question, it seems to me. It's not how many times *Apple* is willing to distribute it, that's completely under their control, it's a question of what restrictions (legal, not technical) are placed on what the recipient can do.
At least that's how I see it ...
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