Right. Now are beginning to make a little
sense -- a big change from the OP.
So, the problem was not getting the data from
Craigslist but publishing it elsewhere.
But your point still will not make Craigslist
at all happy: Craigslist has a lot of
data. Maybe someone, Tom, wants to get
a copy of a lot of that data and do some
things with it. The data at issue need not
be in any meaningful way subject to
the marking you describe. That is,
what Craigslist sends is HTTP, HTML,
CSS, simple text, and maybe some files
in JPG, PNG, GIF, etc. Tom can grab
just the text, put it into a database,
analyze it, and republish leaving
the marking far behind.
So, right, if Tom does something sufficiently
stupid, then he can be slapped down
for violating the C&D letter.
Otherwise, not stupid, it's essentially
impossible for the Web site to know
if Tom honored the C&D letter.
Then, searching Tom's computer, etc.
will be based on next to no go evidence
and be wildly unfair to Tom.
So, the problem was not getting the data from Craigslist but publishing it elsewhere.
But your point still will not make Craigslist at all happy: Craigslist has a lot of data. Maybe someone, Tom, wants to get a copy of a lot of that data and do some things with it. The data at issue need not be in any meaningful way subject to the marking you describe. That is, what Craigslist sends is HTTP, HTML, CSS, simple text, and maybe some files in JPG, PNG, GIF, etc. Tom can grab just the text, put it into a database, analyze it, and republish leaving the marking far behind.
So, right, if Tom does something sufficiently stupid, then he can be slapped down for violating the C&D letter. Otherwise, not stupid, it's essentially impossible for the Web site to know if Tom honored the C&D letter. Then, searching Tom's computer, etc. will be based on next to no go evidence and be wildly unfair to Tom.