PadMapper seems to be on relatively solid legal ground here. They are only copying facts (address, price, contact info) and the post title (which is likely too short to qualify for copyright). And as they aren't accessing Craigslist directly, they aren't subject to its TOU.
But what 3Taps, the other lawsuit target, is doing seems far less defensible. They use the trademarked name "Craigslist" prominently and repeatedly on their site to promote their service. See http://3taps.com (screenshot at http://oi48.tinypic.com/1zx2qkk.jpg in case the design changes).
Worse, the website Craiggers.com that's described in the lawsuit (and indeed registered to 3Taps) not only uses the trademark, but reproduces posts wholesale with the entire content and photographs. (Example: http://oi50.tinypic.com/5l9cvb.jpg) At the bottom of each post it has a "public domain" mark and says "This work ([name] by [poster email]), identified by craigslist, is free of known copyright restrictions." This is clearly untrue: the photographs are creative and original works copyrighted to the poster (and licensed to Craigslist), as are the prose descriptions whenever they carry more than a bare minimum of information.
I can't imagine what 3Taps is thinking. In contrast to the relatively cautious approach of PadMapper, they're being extremely brazen in copying everything from Craigslist and using its name to promote themselves. And if they get smacked down, PadMapper's lost its data source.
But what 3Taps, the other lawsuit target, is doing seems far less defensible. They use the trademarked name "Craigslist" prominently and repeatedly on their site to promote their service. See http://3taps.com (screenshot at http://oi48.tinypic.com/1zx2qkk.jpg in case the design changes).
Worse, the website Craiggers.com that's described in the lawsuit (and indeed registered to 3Taps) not only uses the trademark, but reproduces posts wholesale with the entire content and photographs. (Example: http://oi50.tinypic.com/5l9cvb.jpg) At the bottom of each post it has a "public domain" mark and says "This work ([name] by [poster email]), identified by craigslist, is free of known copyright restrictions." This is clearly untrue: the photographs are creative and original works copyrighted to the poster (and licensed to Craigslist), as are the prose descriptions whenever they carry more than a bare minimum of information.
I can't imagine what 3Taps is thinking. In contrast to the relatively cautious approach of PadMapper, they're being extremely brazen in copying everything from Craigslist and using its name to promote themselves. And if they get smacked down, PadMapper's lost its data source.