>then the original poster can have a beef with Padmapper, and Craigslist has no claim.
So what you're saying is that, "The original poster can sue PadMapper, but at least CL isn't going to be a plaintiff."
Unfortunately, you don't know what you're talking about:
From the CL TOU: "You also expressly grant and assign to CL all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post)."
That clause just made CL the agent for the original poster and it expressly grants CL the right to prohibit unauthorized use. RTFM.
This whole situation is excessively asshole-ish. It seems like PadMapper is hell-bent on scraping CL data by any means (or rationalization) necessary. We can debate about CL running their business the way they do, but this argument is starting to look like some pseudo-intellectual freshman philosophy conversation. It's almost like debating Lyndon LaRouche supporters.
What PadMapper really needs to do is consult a lawyer and figure out how to work within the law rather than trying to be cute about skirting the CL TOU. Any investor would run far away from a company that seems so determined to do something without any professional legal advice instead replying upon some sophomoric interpretation of a contract and the law.
This comment: http://news.ycombinator.com/item?id=4160061 outlines a strategy that could work that doesn't involve playing games and skirting Craigslist. It's also a way to actually build a business based on something besides just stealing other people's data. Of course it requires real work and doesn't appeal to someone that thinks code is the answer to every question.
Data posted to craigslist is subject to the CL Terms of Use. If the data comes from CL, it can't be used without CL's permission. There's no gray area.
if data.from_craigslist?
cant_use
else
use
We can moralize and cry all we want, but their Terms of Use are pretty damned clear and the law is pretty damned clear as well.
Returning to the Google example, it's irrelevant, "Google does it" is not a legal defense or even a moral defense, depending on ones opinion of Google..