Except these apps aren't really using the marketplace. Pretty much the entire service is being delivered outside of the marketplace and they purposefully don't

Except these apps aren't really using the marketplace. Pretty much the entire service is being delivered outside of the marketplace and they purposefully don't charge for the app download so as to not use the payment processing of Apple. Apple is trying to force apps to go through the marketplace and their payment processing, however, also forcing them to take the 30% markup. The policy as followed here is "Everything you provide you have to provide via Apple's services so we charge you extra".