[clammer]

If a paid for RSS reader violates their TOS, then wouldn't a paid for browser (html reader) do the same?

If apple is such a leader in the open web, then why don't they try to defend the open web in court instead of rolling over without a fight?

I'm hoping the real issue is just a matter of Pulse's marketing material. Should they remove trademarks from their copy, perhaps the NYT would back off.

[rbanffy]

> wouldn't a paid for browser (html reader) do the same?

Remember Safari and IE are also paid for. Safari for Mac requires OSX and is, presumably, included in its price. The same goes for Internet Explorer, whose EULA explicitly forbids you from installing on anything other than Windows. Safari for Windows may get away with that.

[cwp]

I'm a bit confused. You obviously know that Safari runs on Windows, but you say it requires OS X. Huh?

[rbanffy]

Quoting myself:

"Safari for Mac requires OSX"

"Safari for Windows may get away with that"

[cwp]

Yeah, I did read that. You appear to be contradicting yourself. Care to explain? What does Safari for Windows "get away with?"

[rbanffy]

It's not a commercial product. Safari for OSX, however, requires you to either buy OSX or a Mac, driving Apple's revenue.

[cwp]

So you're saying that Safari for Mac is a commercial product, but Safari for Windows isn't? Apple develops Safari because a platform without a free, high quality web browser just isn't viable, but that doesn't make Safari "commercial." I certainly don't buy the idea that Safari drives Mac sales.

But this is just nit-picking. I agree that the Times is being completely ridiculous here. There are all sorts of commercial entities involved in people reading the Times RSS feeds - Apple, Pulse, the users' ISP, the Times' hosting company, various telcos in between the two, the folks who made the routers the packets pass through, etc. The Times doesn't seem to have accepted that they don't have direct contact with their readers online; they're just one part of a larger ecosystem.

[grantheaslip]

This is probably a stupid policy on the part of the Times, but they're entitled to enforce the use of their content however they want. "We disagree with their policy because they web should be open and free!" is not a valid legal defence.

If the developers of Pulse and the Times settle this (in or out of court), I'm sure Apple would be happy to start selling it again, but they run a store and can be sued for selling something that knowingly breaks the terms of use of a content provider.

[clammer]

>"We disagree with their policy because they web should be open and free!"

Agreed. That's not the defense I was recommending.