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

12345678910111213141516for risk of being stolen or associated with trafficking, beyond the simple flagging system CL has inplace. craigslist offers none of these features.114. Current and potential entrants into the search market are ready, willing, and able tooffer improved search capabilities not currently available through craigslist. For example,craiggers and JeBoom use 3taps’ superior indexing product to make these search functions possible.craiggers places listings into different columns, allowing users to have preferred listings visualizedsimply by clicking on them, without having to open new tabs, or go back and forth between pages.Another distinctive feature is the ability to search across as many neighboring areas as a user wants.115. PadMapper is another prime example of a company that attempts to meet consumerdemand for better search in the submarket for search of classified ads in the housing sector. Forexample, using 3taps’ index, PadMapper has added latitude and longitude data to user’s posts tocreate a visual map for all housing availabilities in a given area. PadMapper also provides a forumfor users to search all classified ads in the housing sector in one central location. Upon informationand belief, once users of PadMapper’s search function were able to experience the superiority of itssite, these users began to onboard directly to PadLister, an affiliated feature; in this respect,PadMapper is a direct competitor of craigslist in both the onboarding and search markets.171819II.AS THE WEB EVOLVED, CRAIGSLIST BECAME A CLASSIC LETHARGICMONOPOLIST IN ALL OF THESE MARKETS116. After gaining its dominant position in the classified ad markets for onboarding,202122232425262728indexing, and search, craigslist has affirmatively chosen not to innovatethe antithesis ofcompetition. Rather, in its own words, craigslist chooses to unbrand, demonetize, and uncompete.( source: http://cdn.conversationsnetwork.org/ITC.Web2.0-Newmark.Buckmaster-2004.10.07.mp3)117. As wired.com author Gary Wolf reported, “Think of any Web feature that hasbecome popular in the past 10 years: Chances are craigslist has considered it and rejected it. Ifyou try to build a third-party application designed to make craigslist better, the management willalmost certainly throw up technical roadblocks to shut you down.”118. Indeed, craigslist’s Terms of Use related to interoperability are a prime example ofthe type of roadblock that craigslist has used to block third-party search and interaction tools to3TAPS’ ANSWER AND COUNTERCLAIM50CASE NO.: 12-CV-3816-CRB