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

12345678910111213141516171819202122232425262728made publicly available. 3taps denies the remaining allegations in paragraph 56.57. 3taps denies that it is “copying” any content craigslist may lawfully claim as its own.3taps admits that it provides access to user-generated data that the user through craigslist has madepublicly available. 3taps denies that it is providing access to any data that craigslist may lawfullyclaim as its own or to which craigslist has exclusive legal rights. 3taps denies that it is accessingcraigslist’s website and “scraping” content.58. 3taps admits that it provides an API to access user-generated data that craigslist hasmade publicly available. 3taps denies that craigslist has any exclusive rights over user-generatedcontent. craigslist recently eliminated its requirement that users grant craigslist exclusive rights.Having offered a “free” platform for the placement of user-created classified ads intended to beread by anyone with access to the web, craigslist has no legal basis on which to claim control overthe user’s ad once it is placed for the world to read. As previously described, multiple dataaggregators and general search engines continuously use, harvest, and re-present on the internet thefacts contained in craigslist users’ ads. 3taps denies that craigslist has any legal basis on which tocontrol or obstruct further dissemination of the facts contained in these ads.59. 3taps admits that it created craiggers.com and provides access to publicly availableuser-generated data, all as previously described throughout this pleading, but denies that itreplicated or intended to replicate the entire craigslist website. The craiggers.com site is notcurrently operational.60. 3taps admits that it created craiggers.com and provides access to publicly availableuser-generated data, but denies that craigslist has any exclusive or other legal rights over usergeneratedcontent. craigslist recently eliminated its requirement that users grant craigslistexclusive rights. Moreover, none of craigslist’s U.S. copyright registrations list “third-party text”as an element of the copyright claim. craigslist included “third-party text” as pre-existing materialonly to differentiate it from its own “text.” Thus, craigslist’s copyright registrations do not cover“third-party text” from user-generated ads. 3taps also denies that craiggers.com depicts posts in aformat “virtually identical” to that of craigslist’s. craigslist formerly depicted user-supplied adpictures in a basic four-picture panel with each picture being an equal size. It was 3taps that3TAPS’ ANSWER AND COUNTERCLAIM15CASE NO.: 12-CV-3816-CRB