Except it can't "always" be released under the current terms. If the developer has ever released an app under the new terms, they're forced into them for all their future apps, forever. Likewise if they ever intend to release a different app under the new terms, all their old apps would be retroactively moved to the new terms.

The irrevocable and all-or-nothing aspect will make it pretty much impossible for any serious developer to ever choose the new terms. Just as Apple intended.