The justice systems in most countries now are still totally oblivious to how new technology and online markets work. Tim is indeed looking for a toe-hold when at least one of these cases goes his way when a court is more impressed with his lawyers than the underlying law and principles.
In the real world Apples "if we sell it for you, and your thing involves any online financial transaction, a) it has to go through us, and b) you owe us a cut of that in perpetuity" would never fly. Imagine buying a coffee maker from Best Buy and the fine print says from now to eternity every coffee filter you buy for it has to be bought from Best Buy or if you want to buy a coffee filter anywhere else via mail order, you have to order it through Best Buy and you have to pay Best Buy a percentage over whatever the other source is charging.
"Meet the new Boss, same as the old Boss." - The Who.