iPad, Pulse and the NYT - app wars

The hope that the iPad might present a lifeline for "old media" looks strained today with the claim by the New York Times that the RSS reader application, Pulse, contravenes its copyright.  There is a good write-up of the story at All Things Digital which quotes a NYT lawyer as saying:

“The Pulse News Reader app, makes commercial use of the NYTimes.com and Boston.com RSS feeds, in violation of their Terms of Use. Thus, the use of our content is unlicensed. The app also frames the NYTimes.com and Boston.com websites in violation of their respective Terms of Use.”  

I would have thought the framing argument would apply to all RSS readers and I don't recall the NYT suing Newsgator when their FeedDemon application was a paid-for piece of software.  The comments on the All Things Digital story make some good points - my favourite is from Adam Turetzky:  

"So according to New York Times lawyer Richard Samson any web browser or RSS reader software, especially those programs that are sold for money, are violating the Times copyright by simply displaying their freely published material. 

Boy I hope this guy doesn't find out some people fold their paper when they read it! And restaurants which offer you a paper to read charge for the food you eat while you read it. And eyeglass manufacturers, oh the horror!

Someone tell Grandpa to get off the internet and stop writing letters!"

Is this a futile gesture from the NYT or the shape of things to come?  My money would be on the former. While Pulse may not have the money to defend itself in the courts, other apps will emerge to replace it and the potential of more open Android-based tablets will break the stranglehold Apple currently has on this market.