maybe im way out there but...

if you live/sell in a country that respects software copyright/license, then you can sue them or get a cease and desist for using it against your license (say prohibiting commercial derivative or violating your copyright without authorization)

and your software, if popular or lucrative, its going to get ripped off anyways like in the real app store (just look at the many clones of many apps), or just plain pirated like the myriad apps (photoshop, word et all) have since basically forever

am i way off-base?

> if you live/sell in a country that respects software copyright/license, then you can sue them or get a cease and desist for using it against your license (say prohibiting commercial derivative or violating your copyright without authorization)

Prohibition of derivative makes your software not open source

But you can use trademark, instead of copyright to prevent someone else to sell copies of your app. Sort of what Red hat does but that doesn't prevent clones with a different name to pop up.

  > Prohibition of derivative makes your software not open source

hmmm right, maybe my understanding was a little different, i was assuming "if you pay me, ill give you the source if you ask for it" would make it "open source" but that would be incorrect ...