I agree with you on the first point. I just don’t think the creators of Threes! had a valid reason in trying to get 2048 taken down from the app store.
To add to this discussion, what do you all think of the controversy surrounding 2048 and Threes? I think 2048 is different enough to not be considered a copy; it has nowhere near the depth or the polish of Threes! I just think art is iterative. We should have the freedom to take ideas from other works of art and build something new.