And yet that is just as ridiculous as apple suing people for the term app store. Why are people using Microsoft's actions to justify Apple now?

Its not the same as calling it theft or stealing. Both those imply that there is a loss of original item. This does not; it implies that the person in question is trying to get something that has value without paying for it. You go out to dinner with friends, one of those friends seems to forget their wallet constantly, they are a freeloader, not a thief or pirate.

Actually, apple did sue a local grocer in Australia because their logo had an apple in it. http://www.tomshardware.com/news/Apple-Woolworths-logo-lawsuit,8784.html

Its true, the market needs some fine tuning. Its still better than most of the competition tho. To browse categories, click on apps.

Apple is probably selling them at a lower profit margin because they generate revenue through app sales. They will also end up making more to meet demand, therefore making it cheaper for them to manufacturer.

The conversation is about the market penetration of cellular phone OS's, not about the market penetration of the physical phones themselves. Really, if apple wanted to brag a higher market penetration, they would provide users with more options, like devices made by other manufacturers, or more affordable phones.