I agree they are chiefly concerned with manufacturers. However, if a user bought a phone from a device manufacturer that did not license it, from that article, it seems like they can still license it themselves. However, that opens up the idea that if that becomes more widespread, than they would lock down this "loophole".

I mainly bring it up as if an app is "free" (as in beer), does it really matter where you get it from (assuming it is untampered with)? I know they can forbid redistribution in their ToS, but is that actually enforceable legally?