Pulse News Reader Removed From App Store Due to NY Times Legal Threat

The Pulse news reader has been removed from the App Store due to a legal threat by the New York Times.

The paper claims that the Pulse News Reader app, makes commercial use of the NYTimes.com and Boston.com RSS feeds and frames the NYTimes.com and Boston.com websites in violation of their respective Terms of Use.

I can't comment as to the legal strength of this argument; however, it seems weak. The app is selling the ability to view RSS feeds not the RSS feed itself. You'd think they would be happy to be a featured feed. In fact, they themselves called the reader a "stylish and easy-to-use news aggregator" in an article written one week ago.


Check out the letters from Apple and the New York Times below...

From: App Store Notices
Date: Mon, Jun 7, 2010 at 3:09 PM
Subject: Apple Inc. (our ref# APPXXXX)
To: Akshay Kothari

Dear Sir or Madam,

**Please include APPXXXX in the subject line of any future correspondence on this matter.**

We received a written notice from The New York Times Company that The New York Times Company believes your application named “Pulse News Reader” infringes The New York Times Company’s rights. A copy of the notice is attached.

Accordingly, we have pulled your application from the App Store. Please contact The New York Times Company directly regarding any questions or concerns you may have.

For any technical questions, please contact iTunes Connect: www.apple.com/itunes/go/itunesconnect/contactus.

Thank you for your immediate attention.

Sincerely,

 iTunes Music Marketing & IP Legal | Apple | 1 Infinite Loop | Cupertino | CA | 95014 | AppStoreNotices@apple.com

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From: “Samson, Richard S”
Date: June 3, 2010 10:51:23 AM PDT
To:”‘appstorenotices@apple.com’”
Cc: “Samuels, Robert”, “Manning, Michael”
Subject: infringing “Pulse News Reader” iPad app

Hello-

I am writing again, on behalf of The Boston Globe, Boston.com and The New York Times Company, about the infringing iPad app, “Pulse News Reader” produced by Alphonso Labs Inc. (please see pertinent details, link and screenshots below).

The infringing app is available on the iTunes store here: http://itunes.apple.com/us/app/pulse-news-reader/id371088673?mt=8

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 note that the app is delivered with the NYTimes.com RSS feed preloaded, which is prominently featured in the screen shots used to sell the app on iTunes.

I hereby declare, under penalty of perjury, that the information contained in this notification is accurate to the best of our knowledge and that I am authorized to act on behalf of the owner of the copyrights and trademarks of The Boston Globe, Boston.com and The New York Times Company. We hereby demand that you immediately and permanently remove this app from the iTunes site.

Please let me know if you need any further information or have any questions. I can be reached directly at this Email or at the phone number below.

Thank you.

Sincerely,

Richard Samson

[via MacStories]