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

12345678910111213141516171819202122232425262728craigslist exclusive rights, and therefore, craigslist has no copyright interest in the content of theuser-posted ad. It is not clear to which material the copyright notice is intended to refer.34. 3taps admits that craigslist has attempted to register with various agencies, butdenies that these registrations are proper or valid, denies that craigslist may rely on statutes toprotect intellectual property it has not created and does not own, and denies that craigslist may relyon statutes to claim the ancient classified ad format as its own.35. 3taps admits that craigslist has used its market dominance in “classified ads” toextract payment concessions from those who would properly use information posted by users(advertisers), even though craigslist disclaims any legal responsibility for this content, whilesimultaneously claiming the content as its own. 3taps denies that craigslist has designed or evenencouraged uses of its site other than on a conventional computer, and denies that craigslist’slicensing program is anything other than a further anticompetitive maneuver by craigslist topreserve its overwhelming market dominance.B. Complaint section titled, “craigslist Terms of Use.”36. 3taps incorporates by reference into this paragraph each of the preceding paragraphs.3taps denies that craigslist’s TOU can be used to perpetuate and preserve craigslist’santicompetitive and anti-innovative position of market dominance in markets craigslist serves, allas further described and set forth in paragraph 13, supra, denies that craigslist’s intellectualproperty (whether copyright, trademark, or common law) is in any way contained in user-draftedads, denies that re-presenting information intended to be public and which becomes public canthereafter be restrained or controlled by craigslist, and denies that 3taps’ activity targeted by thislawsuit violates any law. While 3taps admits that the TOU purports to prohibit these activities,craigslist itself makes the content of user postings available to select “intermediaries,” such asGoogle, Yahoo!, and Microsoft’s Bing.37. 3taps denies that craigslist’s TOU can be used to perpetuate and preserve craigslist’santicompetitive and anti-innovative position of market dominance in markets craigslist serves, allas further described and set forth in paragraphs 13 and 36, supra, denies that craigslist’s intellectualproperty (whether copyright, trademark, or common law) is in any way contained in user-drafted3TAPS’ ANSWER AND COUNTERCLAIM11CASE NO.: 12-CV-3816-CRB