Off-topic, but related: http://en.wikipedia.org/wiki/Appeal_to_emotion (as much as I hate patents)
Giving an example in which a certain system is bad for individuals is not automatically a logical fallacy. In the article it is clearly not used as a thought-terminating cliché, but merely a way to (truthfully) show the downsides of patent legislation – and if nothing else convince the patent holders that pressing charges against an app that is so essential for many is not a good idea. They also explain in detail what they think is the problem with the current system.
In this instance however, it is think of this very specific child. There is no hypothetical child here who might be harmed. There is a real, actual child who will lose her ability to communicate if this app is pulled off and remotely deleted from her iPad.
When Apple yanks apps from the store, they are not remotely deleted from customer's iDevices or PC's. There are a small handful of cases where remote deletion was used, and IIRC, it was all various forms of malware.