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Comment by kytmizuno | Hacker News Reader

Does craigslist actually own the copyrights to user generate text and images?

Of course. From their TOS: "You automatically grant and assign to CL, and you represent and warrant that you have the right to grant and assign to CL, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post."

Having a broad license is not the same as owning the copyright (especially a non-exclusive license).

That just means that the users of Craiglist grant them an unlimited license. The users still own the copyright, though.

Where does Padmapper's license to the listing data originate? When do the posters of listings grant Padmapper a license of any kind?

You don't need a license to link to something.

The listing data that is presented and rendered on Padmapper's site isn't linked (e.g. the price & # of bedrooms). That is, I don't have to click a link to go to the original site to view the content.

Padmapper does link to images, but Padmapper would be useless if it didn't also re-publish the content jacked from Craigslist.

I'm not a lawyer. Perhaps you are, and you are certain that the facts of the complaint will be grounds for summary dismissal. My limited legal knowledge leads me to believe this will not happen, which would mean that Padmapper is going to bleed money, time, and energy until the case is resolved.

That was my main point; it's fairly useless for non-attorneys to argue legal cases on HN (my apologies if you're a lawyer and I'm just wasting your time).

No, you're right. I'm not a lawyer either, and Padmapper is definitely in a tough position. I'm mostly arguing against the characterization of Padmapper as "stealing content." Most people here seem to think that Padmapper is in the wrong and it's only a question of whether they can get away with it.

AFAICT, Padmapper is doing something very much in line with what journalists and search engines have traditionally done. That point of view may not prevail in court, but I think it's completely defensible on ethical grounds.

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