Would they just take the app off from the store / not let it pass in, or would the cancel the whole contract with the developer?
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In theory, it wouldn’t even be accepted in the first place, even if they’re wrong when they think you do use them:
http://landonf.bikemonkey.org/code/iphone/Apple_Lesson_Huh.20081213.html
But there seems (or seemed) to be some exceptions:
http://landonf.bikemonkey.org/code/iphone/iPhone_Private_API.20081206.html