Is it clear that Padmapper is bound by the TOU of CL? Padmapper probably has a contractual relationship with 3Taps, and Google probably has a contractual relationship with CL. I'm not sure 3Taps has entered into a contractual relationship with Google by scraping their cache, but even if they did, what is the legal agreement between CL and Padmapper?
Hmm that is a good question, which I didn't consider. What I said would have applied to the original method that Padmapper used to scrape data directly from Craigslist but probably not under the new arrangement through 3Taps. Probably nobody is bound by the TOU except Google, and unless Google has a collateral contract (TOU) with 3Taps and/or Padmapper there probably isn't a claim at all. Good catch.
