Are Android phones not on sale in every telco store and kiosk where you live? Seems like a strawman argument. We all have choices:
You can buy Apple and use the iOS app store, you can buy Apple and jailbreak, you can buy dozens of different Android phones and use a number of different Android stores many of which are curated beyond what Apple does, you can buy WP7 and use that store (also heavily curated), you can buy a Blackberry and use that store (also curated), etc.
Everyone knows why Samsung got sued, even Google told them to change their design. Motorola sued Apple first and Apple sued HTC first. Nokia sued everyone before any of that but somehow only Apple is the big bad that's taken away everyone's ability to buy non-Apple phones.
You can buy Apple and use the iOS app store, you can buy Apple and jailbreak, you can buy dozens of different Android phones and use a number of different Android stores many of which are curated beyond what Apple does, you can buy WP7 and use that store (also heavily curated), you can buy a Blackberry and use that store (also curated), etc.
Everyone knows why Samsung got sued, even Google told them to change their design. Motorola sued Apple first and Apple sued HTC first. Nokia sued everyone before any of that but somehow only Apple is the big bad that's taken away everyone's ability to buy non-Apple phones.