Of course it is more appropriate to first negotiate with the developer, and only than report if he refuses to fix/explain his app's behaviour. Yeah, reporting somebody is an offensive and unpleasant thing to do, but imagine if all developers start to ignore that setting, or other rules, or even common sense?
Another example - Market is already full of apps and widgets that put eye-candiness and features before any consideration of energy efficiency.
The best example is Task Killer widget - its intent is to save your battery by killing apps, but it consumes much more battery by keeping track of the number of running apps. That's ludicrous! Sometimes you have to drop functionality for the sake of common sense (or find a creative way round...).