As far as all of the other arguments, they are very touchy feely. "The App Store is new" but it's built on top of a store that's been around for 7 years. And that store already processes billions of transactions annually, so those numbers don't strike me as crippling.
I don't know what Apple is or isn't doing, but I do know what they've admitted to publicly, and I do know dozens of (well respected) developers who have had issues with the app store. I also know that Apple has lied about the store in the past. So, I think some criticism is deserved here.
As far as relating it to the employee paperwork, that was absurd. They've been using the same paperwork for years. It's completely unrelated.