> you took a photo of the art piece while it was on display at a public gallery, then used your own photo commercially.
Find me a single example of an artist successfully suing for trespassing in such a situation.
CL's only plausible claim is to copyright infringement. They should stick to that claim.
> CL changed their ToS, and after a month sent a Cease and Desist Letter to 3Tap.
1. After "less than a month".
2. 3Taps replied to the Cease and Desist Letter stating that it didn't make any sense because the C&D letter requested that 3Taps stop accessing CL, but 3Taps wasn't accessing CL directly.
3Taps assumed this was an adequate response (and asssumed their initial behavior was okay) because the explicit caveat to the explicit "use our data" invitation from CL executives was that such use shouldn't over-tax CL's bandwidth.
At that point, to quote the article (emph. mine), "craigslist concocted a scheme to allow it to assert ownership over copyrights to user postings so it could bring copyright infringement claims against 3taps and other innovators who accepted Mr. Newmark's invitation. Without notice to its users, craigslist inserted language into its posting process that it claims gave it an exclusive license to user posts. Four days later, craigslist sued 3taps."
Find me a single example of an artist successfully suing for trespassing in such a situation.
CL's only plausible claim is to copyright infringement. They should stick to that claim.
> CL changed their ToS, and after a month sent a Cease and Desist Letter to 3Tap.
1. After "less than a month".
2. 3Taps replied to the Cease and Desist Letter stating that it didn't make any sense because the C&D letter requested that 3Taps stop accessing CL, but 3Taps wasn't accessing CL directly.
3Taps assumed this was an adequate response (and asssumed their initial behavior was okay) because the explicit caveat to the explicit "use our data" invitation from CL executives was that such use shouldn't over-tax CL's bandwidth.
At that point, to quote the article (emph. mine), "craigslist concocted a scheme to allow it to assert ownership over copyrights to user postings so it could bring copyright infringement claims against 3taps and other innovators who accepted Mr. Newmark's invitation. Without notice to its users, craigslist inserted language into its posting process that it claims gave it an exclusive license to user posts. Four days later, craigslist sued 3taps."