Phone books are not protected by copyright unless there is something original about their selection or organization.
Assemblages of fact aren't protected, only the selection and arrangement of those facts. In addition the selection and arrangement has to be "creative."
The selection is definitely not a creative act on craigslist's part b/c they don't select anything, users post the information.
Craigslist posting selection is nonexistent. Therefore they are only left with "creative" arrangement for protection.
You could argue that the arrangement is a creative act. I don't think the arrangement counts because they are only using a subset of craigslist and that is merely arranged by geographical location, definitely not an original "creative" arrangement, but it doesn't matter because Padmapper isn't copying the arrangement.
>Regarding Righthaven, the original media company never gave Righthaven control of the copyright of their data, just the right to sue. This is why it was struck down.
The judge in the Righthaven case said this...
"Because the SAA (lawsuit contract) prevents Righthaven from obtaining any of the exclusive rights necessary to maintain standing in a copyright infringement action, the court finds that Righthaven lacks standing in this case,"
Craigslist ToS doesn't grant them exclusive rights, thus by that judge's definition they don't have standing to sue.
Phone books are not protected by copyright unless there is something original about their selection or organization.
Assemblages of fact aren't protected, only the selection and arrangement of those facts. In addition the selection and arrangement has to be "creative."
The selection is definitely not a creative act on craigslist's part b/c they don't select anything, users post the information.
Craigslist posting selection is nonexistent. Therefore they are only left with "creative" arrangement for protection.
You could argue that the arrangement is a creative act. I don't think the arrangement counts because they are only using a subset of craigslist and that is merely arranged by geographical location, definitely not an original "creative" arrangement, but it doesn't matter because Padmapper isn't copying the arrangement.
See this for more information. http://www.copyright.gov/reports/dbase.html
>Regarding Righthaven, the original media company never gave Righthaven control of the copyright of their data, just the right to sue. This is why it was struck down.
The judge in the Righthaven case said this...
"Because the SAA (lawsuit contract) prevents Righthaven from obtaining any of the exclusive rights necessary to maintain standing in a copyright infringement action, the court finds that Righthaven lacks standing in this case,"
Craigslist ToS doesn't grant them exclusive rights, thus by that judge's definition they don't have standing to sue.