>The breach of contract claims may be stronger though. The pages on the Google cache presumably still contain the ToS
Would this work? Can a phonebook just put a section at the beginning of this page that by reading this book you are agreeing to the ToS which state you can't copy it?
I know most ToS contain a section about by using this service you are agreeing to the ToS.
But I think there is a good argument that Padmapper isn't actual using the service since they aren't getting the information from Craigslist's servers.
Am I using a service, and thus bound by contract if I look at a screengrab of a website on a third party website (that contains a ToS).
I've said before though that Craigslist could invent fictitious entries, and sue Padmapper for copying those creative works, just like mapmakers do with fake towns.
Would it work? Well, web pages are cached by ISPs all the time. The nature of the internet is that data is buffered all over the place. The argument seems to be that because the data has been at rest for a few days, the ToS no longer applies - this seems like a fairly weak argument, but who knows.
As for phone books, a shrink-wrap license on a CD-ROM phone book which prohibited copying was upheld by the US courts (ProCD), so that copying was a breach of contract even though the underlying data was unprotected.
> PadMapper isn't actually 'using' the service.
Using is a wonderfully subjective word, and I'd expect accesing, and making use of to be acceptable synonyms.
> I've said before though that Craigslist could invent fictitious entries, and sue Padmapper for copying those creative works, just like mapmakers do with fake towns.
These are known as "trap streets" and US federal court has ruled that they are not protectable. Map makers are able to sue because the rest of their map is protectable; the trap streets simply catch the infringer red-handed.
Would this work? Can a phonebook just put a section at the beginning of this page that by reading this book you are agreeing to the ToS which state you can't copy it?
I know most ToS contain a section about by using this service you are agreeing to the ToS.
But I think there is a good argument that Padmapper isn't actual using the service since they aren't getting the information from Craigslist's servers.
Am I using a service, and thus bound by contract if I look at a screengrab of a website on a third party website (that contains a ToS).
I've said before though that Craigslist could invent fictitious entries, and sue Padmapper for copying those creative works, just like mapmakers do with fake towns.