'Pulse News Reader' for iPad Pulled From App Store After New York Times Complaint [Updated x2]

All Things Digital reports that just hours after being mentioned as a prominent example of the promise of App Store applications for the iPad early in Apple CEO Steve Jobs' keynote address at the company's Worldwide Developers Conference, Pulse News Reader disappeared from the App Store. According to the report, the removal was the result of a copyright complaint filed by The New York Times over the application's use of RSS feeds, which are used in a "visual mosaic" format to display news content to users.
But by the afternoon, that flush of entrepreneurial success had turned sour, after Apple (AAPL) informed the two that Pulse was being pulled from the App Store after it received a written notice from the New York Times Company (NYT) declaring that "The New York Times Company believes your application named 'Pulse News Reader' infringes The New York Times Company's rights."
The report also notes with some amusement that The New York Times just last week published a feature profile on the application and its developers.The application's developers, a pair of Stanford University graduate students, are planning to contact Apple today to determine exactly what is going on and whether they can simply remove New York Times content from the application.
Richard Samson, lawyer for The New York Times, argues in his complaint to Apple that the application's paid nature results in unlicensed usage of the newspaper's content, a violation of the Terms of Use. In addition, Samson complains about the application "framing" Times content in violation of the Terms of Use and objects to the featuring of Times content, which comes preloaded in the application, in App Store screenshots.
Update: Pulse News Reader is back in the App Store, and as All Things Digital notes, the restored app appears to be the same as the previous one despite the developers having already submitted an updated application without New York Times content pre-loaded.
The report also posts comments from The New York Times confirming its specific objections to the application. The newspaper and Apple have yet to comment, however, on the application's reappearance in the App Store.
Update 2: The New York Times believes that the application was restored in error. No comment from Apple or the developers yet.
"We want to be clear that we are willing to work with Pulse, but only under our terms of use," said Robert Christie, a spokesman for the Times Company.
On Tuesday afternoon the app reappeared in the App Store. When asked about the reversal, Mr. Christie said: "We think it has been reinstated by error, and we have asked Apple for an explanation."
Top Rated Comments
(View all)Under pressure from the New York Times the simply fabulous Pulse RSS app has been removed from sale at the iTunes App Store.
Apple took this step because New York Times and Boston’s lawyers emailed Apple and told them Pulse was infringing on their rights.
Apparently the $3.99 cost of the app meant the newspaper saw this use as “commercial” and forbade it. (eMail correspondence below).
NB: Lawrence Lessig would probably launch into a conversation here as to how copyright law, so badly used, has the effect of stifling human creativity.
In a sick-making moment of irony, the New York Times was one of the first sites to praise Pulse, praising it as a great news reading app developed by two college students.
Link
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Anyway, it'll probably be allowed again after some minor changes in response to New York Times.
And newspapers wonder why they are losing money?
+1... If I was Pulse, I'd just block NYT as a feed source and resubmit.
The point of RSS feeds is to allow them to be subscribed to in newsreaders. If NYT wants to claim that it requires licensing to subscribe to RSS feeds...that could set a bad precedent.
And newspapers wonder why they are losing money?
And you think that letting a third party profit from NYT's articles is going to help newspapers?
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