Three words people: In App Purchases! If you have a free app, and then use In App Purchasing for your real revenue stream, you won't be affected by these Orwellian terms and Amazon's whims. It's relatively new on Android, but a number of iOS apps are raking it in this way and giving away the app for free... http://mashable.com/2011/03/29/android-in-app-live/
Apple has already closed this loophole, and if this becomes widespread others will too.
Also, why would anyone consider this a "loophole"?