This isn't going to be popular, however getting away with something for a period of time is not the same as being approved/sanctioned/etc. In the petition the author claimed that the app "spontaneously began violating" one of the guidelines, when clearly it has violated it all along. Yet that disingenuous angle is used constantly when people get away with something for a while and suddenly aren't.
As an aside, it's interesting that anyone thinks that making a big noise about this will cause Apple to revert their stance (as app using a pill as their icon, naming it after a controlled substance, and using narrative like "the most awesome keep-awake"). That is improbable. It seems much more likely that Apple will be very certain this app is renamed, and the narrative changed.
This is childish, nonsensical argumentation. The app has always been in contravention of the rules of the app store.
In the first situation, you have no way of knowing whether the cop even saw you. Or if they were on duty. Or if they were previously occupied responding to some other call.
In the second, the app was explicitly submitted for review and approved by Apple. Even more egregious, the app was explicitly mentioned, by name, by Apple.
Next time, I recommend you speed up and catch the cop to make sure they know you were speeding and see how things play out.
Maybe it's an off day for him and he just doesn't care. Maybe he was confused about the speed limit on that stretch. Maybe he is waiting for a bigger fish. Maybe he likes my car (or skin) color and decided to look the other way. Regardless, I got away with speeding.
If I then at some future date pointed to that as legalizing my speeding for all time, that would be ignorant nonsense. Yet we see this exactly this sort of childish argument in all realms: Some guy deducts something unlawful for years and then one day the tax man says "Uh no...that isn't allowed", and they point to their prior years as if that makes it suddenly lawful. That getting away with it before grandfathers it in or something.
Some random Apple employee writing a story linked it (or a tax employee accepting a tax return, or a cop giving a pass to speeding), therefore it is officially sanctioned for all time. Give me a break. That isn't how any of this works.
But it makes for a lot of crybaby stories.
Yeah, there isn't a lot of ambiguity here. This was absolutely getting away with it.
A lot of noise and bluster in here, but I'd peg the probability that Apple stays firm at 100%.
All jokes aside, I feel that this is a poor analogy that really misses the key issues (in my mind).
A developer creates an app and then submits an app for review. The app is approved and the app starts to build an organic following. At some later date, and without any explicit changes to the app or to the terms, Apple decides that the app is in violation of the terms for information that was available upon review. The developer and app are unfortunately the ones to pay the cost, as the organic growth is deterred. Will the new app be able to recapture the same market share? Hard to say. Regardless of Apple's action in this case, I think it would be in the company's best interest to consider the developer's experience when proceeding with issues like this.
The developer could try suing Apple on the basis of laches, the legal doctrine whereby if one party has 'slept on their rights' so long that the situation changed, they can't suddenly decide to enforce a term later. But there's no hard and fast rule about this, and since it would tie Apple's hands they'd probably fight it tooth and nail, throwing enough legal resources at it to wear out any opposition.
I, on the other hand, have taken (thus far) about 15 downvotes. And I regret none of them given that I'm absolutely right, and this is yet another stupid torch mob about nonsense.
The guy is going to end up changing the name (and icon) of his project. Life moves on. Story at 11.
Apple has accused Amphetamine of violating the following guideline:
1.4.3 Apps that encourage consumption of tobacco and vape products, illegal drugs, or excessive amounts of alcohol are not permitted on the App Store. Apps that encourage minors to consume any of these substances will be rejected. Facilitating the sale of marijuana, tobacco, or controlled substances (except for licensed pharmacies) isn’t allowed."
Looks like you forgot some other stuff.