Because ultimately Nokia is responsible. Look he shortcut the process - there is no question about that. Wasn't a cool thing to do but it also wasn't against the rules, so by the letter of the law (and no I am not a lawyer) he did nothing wrong. But think about this it could have gone this way instead. Dev Hears about maemo -> decides to port his product to platform -> ports product -> pays money to Nokia for rights to publish to store -> publishes product to correctly functioning store. End of story. No thread here, no questionable practices, no moral outrage. All because Nokia did the correct thing and FIXED THE GODDAMN STORE.