> This point was never raised in any of those cases. Apple just did aome hand-waving "IP compensation" justification and everyone just went along with it, because the case wasn't about that particular point.

I strongly disagree with your interpretation. IP compensation was essential in both of these cases, and everyone went along with it because they didn't dispute Apple's rights.

> IP rights regulate distribution, not consumption.

It's all about distribution.

A consumer can download Xcode, build their own app, install the app on their own device, and use Apple API, all for free. What they can't do is distribute that app to other consumers.

The developer tools are relatively unimportant, which is why Apple gives them away. Distribution is everything.

> As for the rest of your comment, the overall problem is the requiremet to deal with Apple at all, the $99 fee and the 5% commission are just the cherry on top.

This doesn't answer my question. I asked which fee needed to be waived. There is no fee to get Xcode, so there's nothing to be waived by opting out.