No by publishing your content in an RSS feed you are agreeing to the universal terms by which everyone on the planet uses RSS. Once again apple's e-mail was one of polite consideration and not something they were required to send at all. However trying to helpful they presented the option for publishers to opt out. That is not something they had to do nor is it something any other RSS aggregator / collector does.
Of course it is silly to bring this up for the fiftieth time in this thread as some people simply ignore facts.
I don't know why people don't get this. Apple's email certainly should have been reworded to sound less like a contract, but at the end of the day it was simply something they sent out as a courtesy that I'm sure no other service has done.