It's a valid criticism of the new terms. A developer-friendly (and dare I say, user-friendly) fee structure would not have any cases where Apple takes 62% of revenue. Any fee structure so maliciously structured that this edge case exists, deserves such criticism.
That's true but it doesn't contradict my point about a $1 app with 10 million installs.
In any case, a free app can always be released under the current terms.
I think the obvious point is that free to consumer apps still cost something in terms of the platform. It has been a common complaint in the past that apps like Uber or Facebook have a huge number of installs but don't pay anything. This simply brings transparency to that.
Except it can't "always" be released under the current terms. If the developer has ever released an app under the new terms, they're forced into them for all their future apps, forever. Likewise if they ever intend to release a different app under the new terms, all their old apps would be retroactively moved to the new terms.
The irrevocable and all-or-nothing aspect will make it pretty much impossible for any serious developer to ever choose the new terms. Just as Apple intended.