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That is exactly the issue in a nutshell, even though the armchair lawyers on HN don't want to believe it. Craigslist said no. The user that posted the data to
by rprasad 14y ago
That is exactly the issue in a nutshell, even though the armchair lawyers on HN don't want to believe it.
Craigslist said no. The user that posted the data to Craigslist did not give Padmapper or 3Tap permission to copy their listing. 3Tap and Padmapper did anyway. The Google Cache, for legal purposes is Craigslist's site if it is a cached copy of the Craigslist site. Google has a legitimate fair use argument that the cache is directly related to its primary non-infringing use of search, which is why it gets to cache the site. Google does not get any copyrights to the cached sites; the copyrights remain with the owners.
Thus, the problem remains that 3Tap and Padmapper are violating Craiglist's copyright and its TOS. They could also be violating state and federal laws.
- natrius 14y agoYou're incorrect. There are two related issues here: access to Craigslist and potential IP issues. If Craigslist tells you not to access Craigslist, presumably there is some sort of legal remedy if you continue to do so. As a result, Padmapper no longer accesses Craigslist. Neither Padmapper nor 3taps access Craigslist, so this is not an issue. If Google told 3taps to stop accessing their cache in that manner, they'd probably have to stop. As far as IP goes, Craigslist does not own the copyright to the posts on their site. The posters do. Even if Craigslist wrote all the postings themselves, the factual information (price, number of bedrooms, location) could still be copied because facts are not protected intellectual property. I don't see how you're any less of an armchair lawyer than we are, and to top it off, you're wrong. (EDIT: Oops, I've come across another one of your comments where you say you're a lawyer.)
- stcredzero 14y ago> I don't see how you're any less of an armchair lawyer than we are, and to top it off, you're wrong. (EDIT: Oops, I've come across another one of your comments where you say you're a lawyer.) Considering that, I would expect a more detailed analysis.
- rprasad 14y agoI'm not being paid for this analysis. I'm briefly popping in during break periods. I'm presenting a basic overview of the facts and current state of the law. I limit my comments to what I can type during my breaks. Consequently, my analysis is spread out over multiple comments. If you want a more detailed analysis with every comment, you can pay me or wait for a lawyer with plenty of free time on his hands to summarize things for you.