Section 6.3 is the offending section. It's already in there, and developers are already being told that they have no choice but to sign up to it,
Strangely enough, this may have been on the cards for quite some time:
The developer we spoke to seemed to think that the app would become unusable if a consumer gets a refund for a particular application, but the developer was unclear if this actually happens. We were also told that this section of the contract is new, and developers
are being forced to sign this in order to sell apps in the next generation App Store (for when the iPhone OS 3.0 is officially released). But we saw a contract from another iPhone developer who signed the agreement back in December and the same clause was
part of the contract.