I'm confused by MySpace's Cease & Desist notice

So, MySpace has now sent a C&D to DatingAnyone.com.  What I'm confused by is the clause they cite for the Cease & Desist:

Although it may seem like an innocuous idea, the means by which you allow visitors to your website to investigate the relationship status of MySpace users constitutes an automated script program, the use of which is expressly prohibited by Section 8 of the Terms of Use Agreement between MySpace and its users.  In addition, the use of the MySpace website in connection a commercial endeavor is expressly prohibited by Section 5 of our Terms of Use Agreement. Your service also constitutes the broadcasting and transmission of MySpace user content, an activity which is prohibited by Section 6 of our Terms of Use Agreement. In addition to violating various provisions of our Terms of Use Agreement, your program also violates the California Penal Code section 502 which prohibits the use of any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information

Don't search engines violate all of these areas as well?