It's my personal analysis based on examining the issues for many individual cases, reading various sources on the issues, etc... I suspect your own position is similarly developed.
I am aware of the event(from 2005) referenced in your link. That Craigslist asked the site to come down does NOT mean the use was infringing, only that Craigslist sent a request and Oodle removed their content because they asked, NOT because Oodle did anything wrong. The issue of website scraping is an unsettled area of case law and as such is still quite muddy.
Many people, myself included, would classify Kristian's site as fair use, but some would not. The final determination in law hasn't (AFAIK) been made. Since Kristian can always take the site down if and/or when he receives such a take-down notice, I don't see any harm in keeping the site up until then.
Disclaimer:
I am not a lawyer, I am an individual with opinions and thoughts, all of which are strictly my own and do not necessarily represent anyone else and/or anyone else's thoughts or opinions.
==Joseph++
Joshua Zeidner wrote:
> On Mon, Feb 25, 2008 at 8:09 PM, Joseph Sinclair
> <plug-discussion@stcaz.net> wrote:
>> Given that you link to the source article, and the material is posted on a public forum and used primarily as a reference, it's likely that your use would be considered fair use, but it's a tricky area of law, so it's hard to tell for certain.
>
> What are you talking about? Did you just make that up?
>
> http://battellemedia.com/archives/001930.php
>
> - http://www.joshuazeidner.com/
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