That’s not loophole. That’s common sense.
>[...] without that kind of transparency it still feels like I'm being scammed
It's not arbitrary because it was part of the developer agreement you signed.
>since it doesn't actually address the issues people have
Must all regulator action "actually address the issues people have"? Regulators/courts are limited in what they can do, so it's not surprising that the ruling isn't some sort of decisive victory for independent software companies.
The value is arbitrary, not the fee.
> Must all regulator action "actually address the issues people have"?
Not necessarily, I'd think "address the issues people have" is a good place to start when you're regulating American corporate policy in a modern democracy.