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Lets be clear. It is NOT a link.

It is a Headline and Summary with a Link. Completely different. I doubt that changes your point or your mind, but lets be clear on whats going on.

I would also add, that this in itself (IMHO) is harmless, but there is also the issue of using NYT content etc in marketing materials (screenshots) for a paid app.

I think that the RSS link/headline&summary by itself is harmless, but that together its a bigger deal.

BTW I don't necessarily disagree with you. I just feel that people are dealing with each issue isolation and losing the overall context.

>Is one thing for a user to add a RSS feed, its another to pre-package it in a commercial app.

The only thing they are pre-packaging is a link. Yes, it displays the content, but it's no different from any other piece of client software in that regard. They do not pre-package any NYT content, which was what I mean when I said it's only a link.

The ad material is the only place where the NYT might have a case, but it seems pretty clear that was not their issue, or they would have objected to the ad, not the software.