That doesn’t say the API doesn’t work. That says the API that dev chose is for when your device is going to run heavy background tasks (processing). This API is designed to run when the device has plenty of battery or is plugged in and isn’t doing anything else. That’s not unexpected, nor is it any different from Apple apps (you don’t want spotlight indexing or photo recognition to fire when you’re low on battery or in the middle of playing a game).

Uploading photos isn’t a heavy background task. There’s gotta be a way to do upload it as you take the photo. And I’d think sending new photos to an app would be done by a push notification or would work similar to receiving new emails in the background from the many third party mail apps that do this.

Again, I want to see what the suing devs claim and what Apple counters with.