The Pulse News Reader app, makes commercial use of the
NYTimes.com and Boston.com RSS feeds
An app doesn't do anything of itself. At best, it can be used to make commercial use of the feeds. The app enables persons to read the feeds. One of these individuals could make commercial use of the feed he choose to download via Pulse, but that is not specifically enabled by Pulse: he would have to take additional action.
Now one could argue that displaying the NY Times feed in the screen shots is commercial use of the feed. But in that case, they should argue that the Pulse advertisement infringes on their copyright. Not the Pulse application itself.
Now one could argue that displaying the NY Times feed in the screen shots is commercial use of the feed. But in that case, they should argue that the Pulse advertisement infringes on their copyright. Not the Pulse application itself.