I would presume so as well. If Apple loses their case, I imagine we will see big changes in many platforms. I would also posit... much higher prices for hardware[1] to make up for the "income gap" too, presumably.
[1]: hard to image game consoles being sold at a loss if they couldn't make it up in fees on the other side.
hmm. I presumed they were still initially sold at a slight loss until economies of scale made them per-unit profitable in the middle of the sales curve.
If that isn't the case, then it makes Sweeny's statement above seem even stranger.