Yes, they are. Normally if someone wants an exclusive right to content they pay the producer for them. Virtually everyone else asks for a non-exclusive license. This is very different and has been discussed here on HN before.
And didn't CL change their terms (excl-->nonexcl) after some blogger posted about them? And didn't they make some changes to their site (collaborate with a maps provider so users can now get geo mappings) after filing this lawsuit? I've already forgotten now. This case just seems laughable to me. But what do I know.