Yup, think I've seen that one on iTunes. But I think this a different kettle of fish. For a start the existing clause you've listed doesn't mention the ninety day refund period whether it is fit for purpose or not. If the developers are just seeing
the change now, I'm thinking that Apple could be holding off on the end user agreement until the iPhone OS update is released.
But if the developers think the change is coming and they're worried about it, then now is the time to kick up a fuss.