Where else exactly could they go?
>> Forcing Apple to repeal 3.3.1 doesn't allow offending software to be built and sold (as it already can be), it forces Apple to stock its shelves with it
Those two things are the same, by Apple's design.
Those certainly aren't remotely equivalent options, but my point was just that 3.3.1 is about Terms of Use for the App Store, not an attempt to legally stifle an existing secondary market as with car parts and ink cartridges.
It's thus a qualitatively different situation.
More relevant precedent might be found by looking at other situations where service providers have added terms to limit allowed devices/tools.