Google bans Kongregate gaming app from Android Market

Hours after GameStop-owned gaming site Kongregate introduced an application giving Android smartphone users access to over 300 free Flash-based games, Google (NASDAQ:GOOG) removed the app from its Android Market storefront, contending it was illicitly installing apps. Kongregate confirmed Kongregate Arcade's expulsion from Android Market on its website, explaining the application "just plays Flash games via the Android web browser and doesn't install anything, though it does cache games for faster loading."

Google's Android Market Developer Distribution Agreement contains a non-compete clause stipulating that developers "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." Products are defined as "software, content and digital materials created for Devices in accordance with the Android SDK and distributed via the Market." Adds Kongregate, "The [Terms of Service] limitation they reference for our takedown is so broad it would apply equally to content apps like Kindle, Slacker, and hundreds of others, and yet only our app has been removed. We had showed it to several people at Google who loved it, and we're still hoping they will change their minds."

In an interview with Joystiq, Kongregate CEO Jim Greer further expands on Google's decision, explaining "The reason for the removal, and we didn't find out until after it was already gone, was that they claim you can't use their app store to distribute another app store--which is a reasonable restriction. But to us, what's really bizarre, to call [Kongregate Arcade] an 'app store' seems like a pretty extreme stretch... It's a regular Android browser using WebKit. And WebKit loads the Flash file from the cache and you play the game in the browser, then you head back and you can play another game. So, it's all essentially cached content delivered in a browser, which to me is just bizarre that that would be considered an 'app store.'"

Available on devices running Android 2.2 and above with Flash 10.1, Kongregate Arcade spans hundreds of titles in one app install, with games including Vector Runner, Assembler, Perfect Balance 2, Barry Lost His Marbles, Billy's Hill and G-Switch; Kongregate will add new titles each week, also offering players social media features like community achievements, exclusive badges and comment sharing. Kongregate states that tens of thousands of Android users downloaded Kongregate Arcade during its brief window of availability on Android Market, generating a 4.61 user rating in that time. The application remains available for download via the Kongregate website.

For more:
- read this Joystiq article

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