3TAPS, INC.'S ANSWER AND COUNTERCLAIM Case No. CV-12 ...

1234567891011121314151617181920212223242526272830. 3taps admits that craigslist contends that its user-interface facilitates free andunfettered contact between advertiser/user and potential purchaser/user, but denies that craigslist infact does this, since 3taps is informed and on that basis believes that craigslist can and doesintercept communications for anticompetitive reasons and does so without disclosing to either thesender or the intended recipient that an interception has occurred.31. 3taps admits that craigslist has asserted rights of “exclusive” ownership of contentdrafted by advertisers, but denies that craigslist is legally empowered to do so, denies that theTerms of Use may be used as a tool to protect a dominant market position, and denies that theTerms of Use can legally or plausibly operate to prohibit use of public content placed on craigslist.3taps is further informed and on that basis believes that craigslist has now withdrawn itsrequirement – which was only imposed after this suit was filed – that users make craigslist the“exclusive licensee” of posted content. Nevertheless, craigslist has not since amended itscomplaint, or withdrawn other legal claims deployed for anticompetitive purposes.32. 3 taps admits that craigslist has asserted rights or “exclusive” ownership of contentdrafted by advertisers (users), but denies that craigslist is legally entitled to do so. 3taps admitsthat craigslist employs Terms of Use (“TOU”) containing multiple attempted restraints on use andaccess to the craigslist site, but denies that any merchants’ TOU may be deployed as a tool toprotect an anticompetitive position of market dominance. Even assuming craigslist’s TOU containterms that are legally acceptable at least in part, 3taps denies engaging in any activity that violatesthem. 3taps lacks knowledge or information sufficient to form a belief as to the truth of theentirety of the allegations in paragraph 32 and therefore denies the same, particularly whether usersand authors of content clearly understand that craigslist claims their work as its own, to their legaldetriment should they wish to post elsewhere.33. 3taps admits the allegations in paragraph 33 but denies the validity and applicabilityof craigslist’s copyright notice. 3taps admits that craigslist takes steps to enforce its prohibitionagainst cross-location or cross-classification postings. 3taps further admits that craigslist usesnotices of copyright, but these amount to misuses, including its implicit and deceptive claims that itowns rights to user-created content. craigslist recently eliminated its requirement that users grant3TAPS’ ANSWER AND COUNTERCLAIM10CASE NO.: 12-CV-3816-CRB