I half agree. They are definitely giving him an out, but I don't consider his recording the call as defiance, more like just being practical. I'd record the call, too.
I'd record the call for potential legal action -- if he was telling the truth the entire time, then he would likely have a reasonable court case for losing some income because of Apple's action. Releasing the edited call recording (it's clear that at least the beginning and ending of the call have been removed) outside of litigation is going nuclear.
