From Slate:

What’s to prevent such Web enterprises as the Huffington Post, Nick Denton’s Gawker enterprise, or some startup (Shafer and Manjoo?) from purchasing the most expensive all-tiers pass from Journalism Online and rewriting or otherwise encapsulating the best and most noteworthy walled-in articles in real time—and then selling ads against it?

Umm…because it would be illegal? Unless Brill is all kinds of stupid, there will be two sets of rules: one for consumers, and one for republishers.

More on this in a big whopping post tomorrow morning.