In its defense it was initially put forward as speculation ("what about this theory"), but now is being taken as fact.
As an example from a few years ago, when I hired a contract developer, the company required a "Contractor Request Form". Fine. There's payroll to setup and so on. But then one day the form was renamed to be the "Contractor SOX Compliance Request Form".
I suspect this exercise was only so that some bean counter could show the outrageous costs of "SOX compliance".
We're not sure what the litmus test is for their accounting practices. We're not even sure if Xcode falls into that category (e.g. maybe they're charging $5 for it now because they want to). It would be nice if Apple shared their accounting algorithm as that would clarify things.
Can you seriously imagine Steve Jobs being told they he has to charge for something he doesn't want to because of accounting practices?!
Not sure how they deal with people who never purchase anything, but perhaps they don't have to be 100% thorough about it.