No, it does not validate your argument. It has been said before, GW is a US only service (IIRC). Thus, only US phones can have it (obviously). Since Google knows which phones are US ones by the branding, it has restricted it to only those phones. People who imported unbranded/unlocked phones but who live in the US are unfortunately caught in the middle. Since the market blocks based on three criteria (again, IIRC) being phone model, OS version and carrier, the model would prohibit GW from being on those phones via the market, whether Google intended that or not.
I do not know what is going on, but your post above is not as given as your present it to be.
-Nkk