@TexasToast: That may cause problems for you when submitting it to the store, since it violates requirement 3.6. If you don't plan to submit it to the store, go for it.
I will need to ask for an exception to that rule. They will understand the need I have for it. I think the rule is probably going to be changed since you could hit a close button and then put up a dialog and tell the user that he needs to take his mouse or finger (the middle one preferably) and put it at the top of the screen (if mouse push left button) and pull or drag to bottom . (but that would be stupid right?)