3 ms·

Something that strikes me and is a bit tangential but this quote made me think of this: "The case in question, Craigslist vs. 3Taps, revolved around a copyrigh

by jetti 13y ago

Something that strikes me and is a bit tangential but this quote made me think of this: "The case in question, Craigslist vs. 3Taps, revolved around a copyright infringement claim by Craigslist against data gathering company" If Craiglists is claiming copyright on all content, wouldn't that make them solely responsible for all of that content? Wouldn't then the "safe harbor" that many online communities use not apply and wouldn't the illegal content that was/continues to be on Craigslist become Craigslist legal responsibility?

IanDrake 13y ago
>If Craiglists is claiming copyright on all content, wouldn't that make them solely responsible for all of that content? Yes, a million times yes. I've made this argument several times. However, this is no longer a copyright issue. Now we're just talking about access to their servers.
- jetti 13y ago
  >However, this is no longer a copyright issue. Now we're just talking about access to their servers. I would disagree. The whole issue stems from a copyright issue. Without a copyright infringement claim you wouldn't get the cease & desist letter. Without that letter, you wouldn't have the specific situation which leads to this verdict.
  - sejje 13y ago
    Is this correct? Can't they send a C&D for violating their terms of use, which forbids accessing their servers with software? (On an aside, doesn't their terms of use disqualify access with a browser, or really any piece of software?)
    - IanDrake 13y ago
      >Is this correct? No, it's not. A C&D letter is a legal threat or warning. I could send you a C&D for sneezing too close to me. Having received a C&D letter myself from CL, I can assure you there are multiple issues they claim. You can find this C&D letter at DocStock. CFAA violations are one claim, copyright violations are another. http://www.docstoc.com/docs/76524735/Craigslist-Cease-and-Desist http://www.docstoc.com/docs/76524735/Craigslist-Cease-and-De...
  - anigbrowl 13y ago
    I can send you a cease and desist letter because I just don't like you; I don't need a proven case against you to exclude your from my property, unless I'm discriminating against you as a member of a protected class.

by jetti 13y ago

IanDrake 13y ago

>If Craiglists is claiming copyright on all content, wouldn't that make them solely responsible for all of that content? Yes, a million times yes. I've made this argument several times. However, this is no longer a copyright issue. Now we're just talking about access to their servers.

jetti 13y ago
>However, this is no longer a copyright issue. Now we're just talking about access to their servers. I would disagree. The whole issue stems from a copyright issue. Without a copyright infringement claim you wouldn't get the cease & desist letter. Without that letter, you wouldn't have the specific situation which leads to this verdict.
- sejje 13y ago
  Is this correct? Can't they send a C&D for violating their terms of use, which forbids accessing their servers with software? (On an aside, doesn't their terms of use disqualify access with a browser, or really any piece of software?)
  - IanDrake 13y ago
    >Is this correct? No, it's not. A C&D letter is a legal threat or warning. I could send you a C&D for sneezing too close to me. Having received a C&D letter myself from CL, I can assure you there are multiple issues they claim. You can find this C&D letter at DocStock. CFAA violations are one claim, copyright violations are another. http://www.docstoc.com/docs/76524735/Craigslist-Cease-and-Desist http://www.docstoc.com/docs/76524735/Craigslist-Cease-and-De...
- anigbrowl 13y ago
  I can send you a cease and desist letter because I just don't like you; I don't need a proven case against you to exclude your from my property, unless I'm discriminating against you as a member of a protected class.