Don't forget Apple. They told Apple that they would not use this key in certain ways, even though they do.
I don't see the problem with calling this "illegitimate". Jailbreaking so you can sideload apps is legitimate. Somehow cracking Apple's verification so you can sign apps without their involvement would be legitimate. But signing up for an enterprise account and then using the keys they give you as part of that in ways they tell you not to is, I think, legitimately illegitimate (ahem).
Okay, I guess I should have expected that to be taken literally. Sorry. I meant that they are tricking, to 1% margin of error, nobody. The core of their business is legitimate. They're not scammers.
Or we can put a different spin on it, and say that they are "only" tricking their major contractual business partner, the one entity without which they would have no business to begin with.
The most important business question would be how they make their money. As far as I know their main service does not depend on violating the license in any way, so they are nowhere near being fraudsters. If they were leaching all their money off of Apple I would accept the judgement, but I don't think that's the case.
Don't forget Apple. They told Apple that they would not use this key in certain ways, even though they do.
I don't see the problem with calling this "illegitimate". Jailbreaking so you can sideload apps is legitimate. Somehow cracking Apple's verification so you can sign apps without their involvement would be legitimate. But signing up for an enterprise account and then using the keys they give you as part of that in ways they tell you not to is, I think, legitimately illegitimate (ahem).