I don't know, but I suspect that they can. If I own some data, I should be able to give (or sell) it to you and not to someone else.
That said, once I've given it to you, if you choose to give it to someone else, I have no claim against that someone (although I might against you, depending on our contract). That's the heart of 3taps' position as I understand it; they get craigslist post data from third party sources like search engines, instead of scraping craigslist, and so do not have a contract with craigslist.
I'm pretty sure I agree with you, if you have a specific agreement with one of the parties.
What about "anonymous" scraping, however? (I put it in quotes because I know you can reverse DNS/UserAgent/etc. identify... but that's simple to spoof, and we're discussing within a sophisticated context.)
Can I say that "OOgle" can use my data (because I want visitors) but others can't? (To complicate, can I exclude only certain, specified, parties and include all others?)
That said, once I've given it to you, if you choose to give it to someone else, I have no claim against that someone (although I might against you, depending on our contract). That's the heart of 3taps' position as I understand it; they get craigslist post data from third party sources like search engines, instead of scraping craigslist, and so do not have a contract with craigslist.