Would it work? Well, web pages are cached by ISPs all the time. The nature of the internet is that data is buffered all over the place. The argument seems to be that because the data has been at rest for a few days, the ToS no longer applies - this seems like a fairly weak argument, but who knows.
As for phone books, a shrink-wrap license on a CD-ROM phone book which prohibited copying was upheld by the US courts (ProCD), so that copying was a breach of contract even though the underlying data was unprotected.
> PadMapper isn't actually 'using' the service.
Using is a wonderfully subjective word, and I'd expect accesing, and making use of to be acceptable synonyms.
> I've said before though that Craigslist could invent fictitious entries, and sue Padmapper for copying those creative works, just like mapmakers do with fake towns.
These are known as "trap streets" and US federal court has ruled that they are not protectable. Map makers are able to sue because the rest of their map is protectable; the trap streets simply catch the infringer red-handed.
As for phone books, a shrink-wrap license on a CD-ROM phone book which prohibited copying was upheld by the US courts (ProCD), so that copying was a breach of contract even though the underlying data was unprotected.
> PadMapper isn't actually 'using' the service.
Using is a wonderfully subjective word, and I'd expect accesing, and making use of to be acceptable synonyms.
> I've said before though that Craigslist could invent fictitious entries, and sue Padmapper for copying those creative works, just like mapmakers do with fake towns.
These are known as "trap streets" and US federal court has ruled that they are not protectable. Map makers are able to sue because the rest of their map is protectable; the trap streets simply catch the infringer red-handed.