[DrSprout]

>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.