There's probably no chance of that happening, because it's their app store, they can do whatever they want and so on. But this kind of deal is exactly why some companies feel like protecting their "intellectual property" with patents. Because the distribution networks are not open, except for the web and even if your execution is perfect, there's no guarantee you'll be the first to market, because shit like this happens. And then we've got people praising app stores, because their grandma can now feel safe, though to me optimizing for grandmas doesn't make much sense.
I view the app store model as a regression. It is useful, but only when it's optional. Android is still allowing installs from third-party sources, even though you have to click a checkbox to enable the capability, but due to current trends and seeing Android's evolution, I don't have many hopes for this feature surviving in the long run. In the end, the web is still the most open distribution platform and these big companies are trying to fix that.