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Craigslist v. 3Taps : ウィキペディア英語版
Craigslist Inc. v. 3Taps Inc.

''Craigslist Inc. v. 3Taps Inc.'' was a Northern District of California Court case in which the court held that sending a cease-and-desist letter and enacting an IP address block is sufficient notice of online trespassing, which a plaintiff can use to claim a violation of the Computer Fraud and Abuse Act.
3Taps and PadMapper were companies that partnered to provide an alternative user interface for browsing Craigslist's housing ads.
In doing so, they scraped Craigslist's site for data, which Craigslist did not approve of. Craigslist sent both companies a cease-and-desist letter and blocked their IP addresses, but this did not stop 3Taps from scraping through other IP addresses. Craigslist then sued, resulting in this case.
In pre-trial motions 3Taps moved to dismiss on multiple grounds. In response, the court issued an order that set precedent on whether online hosts can use the CFAA to protect public data. The court held that sending a cease and desist letter and blocking a client's IP address are sufficient to qualify as notice under the Computer Fraud and Abuse Act. 3Taps should have known that Craigslist was revoking its authorization to access the site.〔 The motion to dismiss was granted in part, and denied in part.
On June 26, 2015, Craigslist came to separate settlements with 3taps and Padmapper.〔(【引用サイトリンク】publisher=Ars Technica )〕 Both settlements required the defendants to permanently stop taking content from Craigslist, directly or indirectly. 3taps paid $1,000,000 which Craigslist will donate to the EFF over ten years. Press coverage said that 3taps would shut down, but as of June 29 it was still active with content from other sites.
== Background ==
Craigslist is a website where users post and browse classified ads for, among other things, housing.
PadMapper is a website specialized for browsing housing ads.
Padmapper collected data from Craigslist and offered a map of the ads.〔
3Taps, a data scraping and hosting company, was also collecting data from Craigslist as part of a larger effort to gather public datasets.〔
On 22 June 2012, Craigslist sent a cease-and-desist letter to PadMapper, requesting that PadMapper stop scraping Craigslist's real estate listings.〔
Earlier in 2010, Craigslist's founder Craig Newmark had written that "we take issue with only services which consume a lot of bandwidth."
Craigslist also blocked PadMapper's and 3Taps's IP addresses from accessing its site, causing a significant drop in traffic to PadMapper.〔
3Taps continued to collect data from Craigslist by accessing the site through proxies, which allowed it to conceal its IP address and bypass Craigslist's block.〔
On 9 July 2012, PadMapper restored its site by getting its data from 3Taps instead of directly from Craigslist.〔
On July 16, 2012 Craigslist changed their terms of service to claim exclusive ownership, and exclusive right to enforce copyright of all postings made by users. Craigslist later rescinded these changes under pressure from the Electronic Frontier Foundation and others on August 8, 2012.〔
On 20 July 2012, Craigslist sued both PadMapper and 3Taps.
Craigslist's complaint specified several reasons that 3Taps's continued use of Craigslist was unlawful:
it was in violation of the Computer Fraud and Abuse Act;
it was a breach of Craigslist's terms of service contract;
it infringed on Craigslist's copyright of the listings;
it was also contributory copyright infringement, since 3Taps shared the listings with PadMapper;
and it infringed on and diluted Craigslist's trademark.〔 3Taps opposed the claim that it violated the CFAA.〔
On July 12, 2013 the Electronic Frontier Foundation filed an amicus brief in support of Padmapper and 3Taps.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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