Someone pointed out the following in Google's "Android Market Developer Distribution Agreement":
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4.5 Non-Compete. 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.
Looks like the same restrictive policy as Apple, right? Wrong... for two major reasons:
First, there's the fact that you aren't required to distribute your apps exclusively via the Google Market. In fact, here's how Google describes it:
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Distributing your apps through Market is non-exclusive; you may choose to distribute your applications through other channels as well. Keep in mind the version published in Market must comply with all Android Market policies.
Second, Google has more specific details in their "Android Market Developer Program Policies" document:
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Developers charging for applications and downloads from Android Market must do so by using an authorized Payment Processor. Developers offering additional content, goods, or services for an application downloaded from Android Market must offer an authorized Payment Processor as the payment option.
The following are exceptions for the two requirements above:
Where payment is primarily for a physical good or service (e.g. buying movie tickets; e.g. buying a newspaper app where the price also includes a hard copy subscription)
Where payment is for digital content or goods that may be consumed outside of the application itself (e.g. buying songs that can be played on other music players)
I think this is reasonable and would seem to be in line with the arguments Apple is using to try and justify their ridiculous policy. That is, if someone is buying content that is specific to the application running on that specific platform or device, Apple and Google could, arguably, deserve a piece of the action. If the iOS or Android device is merely a conduit to access content that is meant to be available on a broader scale (like music, movies, books, etc.) then those apps should be treated like glorified web browsers.