Hyperbolic statement for humorous intent and to make a point: England has deviated significantly from its initial establishment as a monarchy. Seeing as it did not initially intend to turn matters of commerce over to the mere commoners who constitute the CAT, the tribunal should be abolished for violating the monarchy's original intent.
Things change. In 2008, Apps were extremely limited. If we are going to appeal to Jobs' original intent, then apps cannot access bluetooth, NFC, the camera, music, private APIs, background processes, no duplication of Apple's built-in functions, notifications, game engines, in-app purchases, etc.
In short, it doesn't matter what someone said in 2008 or 1066. That is garbage justification to persuade people emotionally and should have nothing to do with the ruling.