More on RSS and Copyright

Scoble’s got more links regarding the issues below.  As expected, a lot of it is knee jerk “bloggers can’t do this!” mixed with ad hominem attacks.  That’s too bad.  Chris Baus and Russell Beattie raise the issue of what CC’s non-commercial/commercial distinction actually means. It’s not entirely clear to me that Russell’s examples would not be commercial or would somehow be considered fair use.  Indeed, Martin argues the legal issue in his matter is fairly clear.  Cases like Basic Books and seem rather on point here.  One of the key issues seems to be what having an RSS feed implies others should be able to do with one’s website. If Martin had no RSS feed and Bloglines was simply scraping the site, it seems people would feel very differently.  But why must RSS make a difference in this case?