Not really. It’s a condition. You can also choose the old rules.. you can also chose to not develop for iOS. There is no gun to your head if you don’t develop for iOS
But the "old rules" were explicitly deemed illegal. Is there a limit to your logic? What if Apple had set the per-installation fee to $50 instead of $0.50? Developers have a choice! If they don't want to pay $50 per installation, they can choose the old rules. There is no gun to their head.
Where is the line? Surely at some point, the choice is so unreasonable that Apple has effectively forced developers into "the old rules," thus circumventing compliance with the new rules, which may as well not exist if no developers can afford to play within them...
Develop for other OS-es. Don't develop for a platform you dislike and have so many issues with.
I never write code for Windows and actively tell any client I have to not use it if they want my product. If they don't want it so much - there are plenty of alternative. If they really want it - they will use the OS I write the app for.
