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I hope that 3Taps follows through. This countersuit may help set a clearer precedent for who owns the data posted on public forums and what third party develope
by awolf 14y ago
I hope that 3Taps follows through. This countersuit may help set a clearer precedent for who owns the data posted on public forums and what third party developers should be allowed to do with it.
Earlier this year I was searching for an apartment in San Francisco. Craigslist was my only source for places to apply. The good apartments got snatched up pretty fast so I wanted a way to make sure I saw every listing that came through. The problem: there are easily 500 new listings added every day, and approximately 20% of these were re-posts of the same place. It's very difficult and draining, just trying to keep track of what you've already seen and where you left off since the last time you checked.
So I did what any self respecting iOS developer would do: I made an app. It worked pretty much like an email inbox. Each new listing was like a new message. Refreshing the feed was like checking your email. Reposts were marked. You could bookmark and store things. The app colored the message cells based on whether they were from the most recent import or not (i.e. the app keeps your place).
The best part? It worked pretty damn well. I gave it to a few other people via Test Flight and they were hooked as well.
So, again, I did what any self respecting iOS developer would do: I put the app on the App Store. I figured that since my app was exclusively a craigslist client - a tool to make using craigslist better - I might have a better chance of not incurring craigslist's wrath. I put it on sale for $3.99 (it's called Craigslist Commando, if you're curious) and hoped for the best.
The app did pretty well given that I did zero promotion for it. It was brining in around $30-40/day after Apple's cut. Unfortunately, my hopes for escaping craigslist's wrath did not pan out. I received a cease and desist letter from them two weeks ago. I'm still waiting on hearing back from them. They've gone silent on me after our initial contact in which they told me to expect a draft licensing agreement. I'm guessing they went silent because they have bigger things on their plate right now. I have opted to keep the app in the store during this time, but I'm not very optimistic that craigslist's licensing terms will be tenable.
All of this to say: I have a pony in this race. I respect craiglist's rights to do what they think is necessary to protect their business. However something about this just doesn't jive for me:
a) People go to craigslist and create content about some aspect of their lives. They, as the original authors of the content, post it to craiglist with the intention that the general public can see it.
b) Other people go to craigslist to view content posted to a public forum in hopes of finding something. This process is frustrating and difficult.
c) I create a tool that makes the process of finding something on craigslist less frustrating and difficult.
d) Craigslist threatens to sue me for creating the that tool. This despite the fact that I'm helping both: the original authors of the content who would like to have their posts seen by their target audience and, the viewers of the content by making the viewing process more efficient.
I suppose craigslist has these rights. But it just doesn't seem right.
- res0nat0r 14y ago> a) People go to craigslist and create content about some aspect of their lives. They, as the original authors of the content, post it to craiglist with the intention that the general public can see it. Craigslist users only agreed to have their content displayed on the Craigslist site, not on any other random site on the Internet who wants to relist their posting without the users explicit permission.
- fusiongyro 14y agoYes, but it's definitely true that they understand that to mean public, and it's almost certainly true that they would rather have more eyes than fewer. It sucks that that isn't a legally compelling argument and this guy will wind up being shut down though.
- awolf 14y agoI see what you're saying and that may technically be true. I'm not really arguing the legality of the issue though. I'm just talking about the spirit of what the content authors were trying to accomplish which I believe is: have some random person on the internet see their post and, subsequently, arrive at some sort of mutually beneficial arrangement with that person.
- uptown 14y agoThere's any number of places on the net where someone could post content and "have some random person on the internet see their post" ... but they continue to choose Craigslist because it's got the audience. If they want more-broad usage rights for what they want to post, they're free to chose an alternative platform on which to post.
- chii 14y agoThis argument is what the monopolist uses when they are faced with regulation. It isn't correct, because the user _isn't_ really going to be able to post on another forum. This is just like if telcos say 'go to some other provider if you don't like my terms and conditions'. except, they have a monopoly.