Exactly. This is why it is a bad idea to become gatekeeper to a platform, you end up being judge, jury and executioner.
It also raises the expectations of what you are liable for, after all if you've approved something you associate yourself with it. An open platform would never have those issues.
That's the problem! With an open platform, the copyright holder could only come after the developer. All of a sudden, Apple is liable for 100% of the content!
I would never want to be the gatekeeper to anything.
I would say that the Android Market is a much more open distribution channel than the App Store but still there are mechanisms built into the Android Market to counter illegal or harmful apps such as users being able to flag an application they consider to be one
The difference is that in a more open scenario it's the community that does the majority of filtering and not a corporation or a group of corporations. I'm not sure if that's a good thing or not but still an interesting contrast.
It also raises the expectations of what you are liable for, after all if you've approved something you associate yourself with it. An open platform would never have those issues.