Ironically Safari also "makes commercial use" out of NY Times' RSS feed (it's in the default bookmarks along with RSS).
The problem here is that the Pulse reader is (from the point of view of the NYT) trying to get a free ride on the NYT's brand name. This is really no different from ripping off any other brand name to advocate your product, e.g., you can't advertise your "high-performance shoe laces" by prominently featuring Nike shoes without obtaining prior approval.
I think that there is a difference between including a feature that suggests 3rd party data such as NYT RSS and something that includes it by default. Imagine if they had a free version that served up ads with NYT content--that wouldn't be very fair to NYT, would it?