True, but you downloaded it as a dmg which can be installed anywhere.. without DRM attached to the tool. That's a huge difference.
It's not total nonsense.. it's unlikely Apple will use it in that way, but they could do so. After everything they've done lately, it wouldn't be a total shock.
After all, they have started charging for a tool that has been free since the beginning of OS X. No one expected they would start doing so.
The XCode you download from ADC is still a .dmg though.
And like I said, XCode's have never been "free". They came with new OS releases, which costed 129$. And they didn't work with previous OS's, so you always had to pay if you wanted to use the new one.