Do a search for either skywriting or air/sky tours, for a major city like NYC or SF, and you'll find companies offering planes and helicopters pretty low across the city for personal or promotional reasons. Not even that expensive, at least on the non-premium tours. Though a pretty nasty business in my opinion, both for wasting fuel on private flights and for making noise over lots of people in the city who get no benefit from having machines rumbling above their heads.
Unless you're talking about specifically thinking it looks too low in the photos, in which case I would assume it's just a case of their doing a good job planning the positions for two different flights to get great photos of one from the other that are framed well around the Apple locations.
Here's a fun (?) fact: the FAA explicitly refuses to define the term "congested." In one case, they actually claimed that an area with one person was congested. Not sure if that held up on appeal. In any event, they've stated their desire to retain "enforcement flexibility" which, to me, is kinda BS. I've flown over a lot of areas where it wasn't obvious whether it counted as congested or not, and that 500' made a difference. (Next to a mountain, for example.)
Most people just have wildly incorrect ideas about flight because their only experience with it is the hellscape that is major airports. When that's all you've ever seen, it's natural not to understand that it's an extreme, not the mean.
It is funny how my original comment was downvoted to -1. The fact it has generated multiple thoughtful, polite, and informative responses shows that the question was not without the merit.
I think the fact it was downvoted was because some people precieved it as criticism of EFF. This is not true. I support EFF and personally do not use iPhone as a matter of principle. I was just curios about FAA regulations since I do not see many low-flying private airplaines over the Bay Area and asked an honest technical question.
I used to train pilots for a living. Just eyeballing it from the photos but that looks like 1000' AGL to me. Plus, that building is in San Jose's airspace, which means that aircraft was in contact with and radar-identified by San Jose ATC; the FAA therefore has a radar tape for that aircraft including altitude squawks. So unless that pilot is a complete idiot, there's no way in hell they busted 91.119.