> If Craigslist is explicitly disclaiming copyright in the data they post, how can they sue for copyright infringement?
By having the user sign their right to sue over to Craigslist. They're saying "it's your copyright, but you're giving us the enforcement rights to it". It's in their TOS:
> You also expressly grant and assign to CL all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).
I don't think that's possible, but I'm not a lawyer. I'm very interested in seeing an example of a clause like this being applied. Another commenter cited the Righthaven case as a counterexample: https://www.eff.org/press/releases/righthaven-case-ends-vict...
By having the user sign their right to sue over to Craigslist. They're saying "it's your copyright, but you're giving us the enforcement rights to it". It's in their TOS:
> You also expressly grant and assign to CL all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).