IMO Apple already sold the customer a copy of the IP for the APIs that already exist on device.I'd throw this back at you and ask you to show me where it says that Apple isn't allowed to charge developers the CTF? There's not one word that says they can't. The free of charge bits don't say anything about Apple having to provide its Intellectual Property "free of charge". There's not one word that says "you can't charge developers for the tools and services you provide to have them develop on iOS."
At that point Apple can not charge developers from accessing the APIs that are already on the devices in consumers hands.
I think its pretty clear that the CTF is making it hard or impossible for larger devs to take advantage of the supposed benefits of the DMA, which is why we aren't actually seeing a version of Spotify, Netflix, et.al. available through alternative distribution schemes where they could trial things like their own IAP systems. I also think it likely that this is why we aren't seeing alternative browsers showing up using their own rendering engines.I've seen some argue in here that the DMA says you can't treat developers differently that use Apple's App Store any different than you treat developers who use alternate App Stores. That may be the case - and if so, my guess is Apple has an uphill climb to make the CTF stick unless they start applying to Apps in the Apple App Store too. But obviously Apple's lawyers think they can charge the CTF and it's legal. If the EU disagrees then Apple will have to change it or fight over it in court.
I'm not saying who is right and wrong - I am just saying the law is not clear on what is and isn't allowed. I'll note that while the EU said that Apple was out of compliance on steering, they were only "opening an investigation" on the CTF. I am sure that investigation is going to say it is out of compliance. But if it was 100% as clear cut as you are saying, they would have said they were out of compliance on the CTF - the CTF and steering provisions were announced at the same time.