[adunsmoor]

Even if you go with the "it's not their data" argument Craigslist would seem to own the specific compilation of the data. I'd apply the same copyright principle as phone books or encyclopedias.

http://www.bitlaw.com/copyright/database.html

Craigslist invested in the infrastructure to enter, store, and display this information. They should be able to set their terms as to how it is used in aggregate.

[icebraining]

You should read that link:

the U.S. Supreme Court ruled that a compilation work such as a database must contain a minimum level of creativity in order to be protectable under the Copyright Act.

The Supreme Court (...) held that Rural's white pages are not entitled to copyright protection, since the white pages did not meet the statutory requirement for originality under 17 U.S.C. §102(a).

Cragslist is completely automated. There's absolutely no creativity involved.

Craigslist invested in the infrastructure to enter, store, and display this information. They should be able to set their terms as to how it is used in aggregate.

Unfortunately for them, "sweat of the brow" doesn't afford copyright protection in the US.

[SilasX]

>Cragslist is completely automated. There's absolutely no creativity involved.

Whoa whoa whoa, the coding of the site didn't involve a species of creativity?

If you mean that the content of a posting didn't involve creativity on Craigslist's part, you'd be on firmer ground, but even there they made design decisions (however questionable...) about how to present it.

[icebraining]

I said that in the context of the previous post, you can't read it in isolation.

The design decision are irrelevant, since Padmapper isn't copying those.

[rprasad]

You're right, sweat of the brow is irrelevant, which is why it is irrelevant that their process is now automated. The copyrightable aspects are in the collection, selection, and presentation of data, which is not required by law to be performed manually.

[icebraining]

It's relevant because it requires creativity; it's not automatically ruled out, but it makes it harder to claim.

In any case, Craigslist is completely unoriginal in its selection and arrangement of the data; the selection is "whatever people submit" and the arrangement is LIFO. I find it very hard to believe they'll be awarded copyright over it.

[metageek]

>I'd apply the same copyright principle as phone books

So would I—phone books are not subject to compilation copyright, because there's no editorial choice going on. That was settled in the _Feist_ case.