It's an iOS game -- doesn't that mean it's distributed through Apple, so they'd be able to pull it in response to a notice of copyright infringement?
This situation reminds me of the notice Apple sent to retailers not to sell the Samsung Galaxy Tab 10.1.
So Apple gives the developer a chance to respond (i.e. it will probably take a few days to see any action). If they didn't we would end up with the mess like they have with DMCA notice takedowns on YouTube.
I wrote about it in more detail at http://blog.th.ingsmadeoutofotherthin.gs/eucalyptus-availabl...