That there are other violations slipping through is not valid legal argument. That the priorities in the terms the developer is subject to does not match yours

That there are other violations slipping through is not valid legal argument. That the priorities in the terms the developer is subject to does not match yours is not a valid legal argument. The app store monopoly should fall, but until then, you're subject to the terms unless you get it declared unenforceable by a court, or convince Apple to change them.