> 1. The owner of copyright determines how the product is to be used
Padmapper mined data (apartment locations, prices, number of bedrooms, URL to Craigslist post), not creative presentation. Even if we believe that it's somehow morally reasonable for Craigslist to have copyright over the text of user postings, the data Padmapper required was clearly not copyrightable. This was a CFAA case, not a copyright case.
(Yes, in practice Padmapper also displayed descriptions and photos, but they could have avoided doing so, and the service would still have been useful.)
Padmapper mined data (apartment locations, prices, number of bedrooms, URL to Craigslist post), not creative presentation. Even if we believe that it's somehow morally reasonable for Craigslist to have copyright over the text of user postings, the data Padmapper required was clearly not copyrightable. This was a CFAA case, not a copyright case.
(Yes, in practice Padmapper also displayed descriptions and photos, but they could have avoided doing so, and the service would still have been useful.)