you could get an app pulled from the appstore using the DMCA - however if all he did was using the appcelerator module which is licensed under a permissive lice

you could get an app pulled from the appstore using the DMCA - however if all he did was using the appcelerator module which is licensed under a permissive license (apache v2) - they would have no ground. He's using something else there (perhaps their cloud services who are probably free for free apps and costs money for paid apps).