Kongregate app pulled from Android Marketplace, CEO hopes it's just a misunderstanding

We've heard of apps getting 187'd from the iTunes App Store ad nauseum, but Google's Android Marketplace? That's pretty novel. In what is probably the most high profile bait-and-switch since the mobile platform's launch, Kongregate found its eponymous software pulled on the very same day it came out. As CEO Jim Greer tells Joystiq, the app was pulled due to the "claim you can't use their app store to distribute another app store." Which is all well and good until you realize that what Kongregate the app does is simply serve as a portal for Kongregrate the mobile site -- Greer says it's the same experience as visiting to play its free Flash games -- with the option for offline mode. "It's all essentially cached content delivered in a browser," he said, "which to me is just bizarre that that would be considered an 'app store,'" he said.

The Android Market Developer Distribution Agreement says, "you may not use the Market to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Market," with Product defined broadly as "Software, content and digital materials created for Devices in accordance with the Android SDK and distributed via the Market." When we talked to Google, the company pointed out the same clause and said, "Applications in violation of our policies (like Kongregate) are removed from Android Market."

Greer adds that a number of people in Google had seen it previously and liked the app (not the ones who ultimately pulled it), and he hopes this is all some grand misunderstanding. We'll see, but in the meantime, the app is still available for side loading care of Kongregate's website. Nothing like a backup plan, eh?