Yes, I'd agree with that. That's why I think it's incorrect to claim that Craigslist had to sue, even if there was some legal obligation (which I don't think exists). They clearly wanted to shut Padmapper down. If they didn't want to shut Padmapper down, they would have given them a license and API, and then any legal obligation would have been irrelevant, because Padmapper would be an authorized user.