In theory, perhaps, in practice Apple will only audit the developers that use the special entitlement.
Ironically, this is something that is bothering the appellate court as well if you read between the lines of their judgment[0].
They gently criticize the district court for both saying that developers should be able to link and sell outside the app while simultaneously saying that it’s undesirable for Apple to audit developers because it’s too cumbersome.
But the appellate court isn’t meant for do overs, just for when courts have erred in a significant way, so they only gently lament this, instead of doing something about it.
Ironically, this is something that is bothering the appellate court as well if you read between the lines of their judgment[0].
They gently criticize the district court for both saying that developers should be able to link and sell outside the app while simultaneously saying that it’s undesirable for Apple to audit developers because it’s too cumbersome.
But the appellate court isn’t meant for do overs, just for when courts have erred in a significant way, so they only gently lament this, instead of doing something about it.
0: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/04/24/2...