[gojomo]

If the NYTimes complaint had been narrowly focused on the display of NYTimes content in promotional images/text, or even its default inclusion, I'd have more sympathy.

Instead, the claim they're making suggests it's wrong for the app to display NYTimes content, even at the direction/configuration of the end-user. That's a problematic argument for the whole stack of 'commercial' tools used to read the NYTimes, from the computer and OS through the mobile data provider/ISP up through the browser and feed-reader apps.