This "evidence" isn't anything new. Ultimately it boils down to a question of semantics. Apple verbiage says that they've rejected a "binary". That leaves the

This "evidence" isn't anything new. Ultimately it boils down to a question of semantics. Apple verbiage says that they've rejected a "binary". That leaves the door open for negotiations and possible approval of a future "binary" for the same app. Indeed, many developers have had their binaries rejected and then their app goes on sale at a later point of time (with a new binary). The bigger question is whether Apple has a right to regulate/control its app store and whether it is appropriate for the FCC to intervene.