Craigslist asked 3taps not to use their data. 3taps continued to use CL's data, even going so far as to circumvent a security measure (the IP block -- weak, but still technically a security measure).

The court decision, which is linked elsewhere in this discussion, consistently connects the IP ban to the C&D letter. They don't seem particularly concerned with the details of how 3Taps accessed the data, only that 3Taps intentionally accessed data whose owners had clearly revoked access.