Let me break this down for some that may not get it. I've been working in Information Security for about 12 years, the last year and a half has been with a company that develops mobile security products. We were actually the first to identify Tap Snake, we just didn't make it public. Tap Snake/GPS Spy is, by no means, the first spyware app to hit Android. FlexiSpy, Mobile Spy, Mobistealth, Spy Bubble all come to mind. Nor was it the first to even hit the Android Market. Look for "Girlfriend Text Message Viewer" or any of the other apps developed by "Lee Cook". He has several variants that ARE STILL in the Market.
What this developer is missing is that every AV vendor will consider his app to be malicious because of the way it hides itself. When an app is able to monitor communication and/or location data AND it hides or obfuscates its true intent, it will be called spyware. AV vendors are erring on the side of a possible victim in these instances. I've personally been involved with law enforcement, assisting forensics investigations to figure out how a disgruntled spouse or stalker is tracking someone's location. It happens more times than I can count and could potentially turn violent.
IMHO if this developer really was interested in providing a product that can help parents ensure their children's safety, I commend him for that. There are certainly dozens upon dozens of apps that already do that today and they have not been labeled spyware...it's about how their app interacts with the intended user and whether it is able to hide itself from a potential victim.
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