So if Apple pre-buys digital apps, and resells them with some markup and maybe a rebranding, then its ok? No, because that doesn't change the economic reality

So if Apple pre-buys digital apps, and resells them with some markup and maybe a rebranding, then its ok? No, because that doesn't change the economic reality of the transaction, that the end-user is the actual customer and Apple is just acting as a transient purchaser. If Apple were to pre-buy digital apps ahead of time, and them offer those purchased licenses on the app store, then that could be okay. But a JIT pre-buy is not a pre-buy at all. (Believe it or not, but courts are adept at piercing through sham transactions, and such transactions usually make things worse.)