No matter what the technical reality of Beeper was, this was like claiming God couldn't kick you out of Heaven if they wanted to.
Apple has army of devs, a bottomless wallet, and is extremely petty and controlling about their garden. If you found a hole in the wall, they'd go as far as to build a whole new wall just to stop you. And they can do that, because it's their garden. You have no power there.
I support what Beeper tried to do, but it was never going to work. Apple's garden needs regulation to crack open, you can't do it with software.