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

123456789101112131415161718192021222324252627Because of “ghosting,” users are more likely to forego posting on a competing site and simply postdirectly to craigslist, in order to retain access to craigslist’s larger user base.175. Further, “ghosting” is especially pernicious because it undermines the credibility ofcompeting websites. For example, a user who attempts to post an ad on both craigslist and acompeting site and is “ghosted” will receive a confirmation that his ad has been uploaded tocraigslist. Because the ad will not in fact be uploaded to craigslist, the user may believe that thecompetitor’s site failed to work properly when, in reality, it was craigslist that blocked the user’sattempted post.176. There is no legitimate business justification for “ghosting.” Rather than “ghosting,”craigslist could simply inform users why it will not accept their posts or transmit their messages.Instead, it pursues a course of conduct that diverts users away from competitors and tarnishes theirreputations.177. Thus, “ghosting” is another means by which craigslist seeks to maintain itsmonopoly positions in the Relevant Markets.178. As described above, craigslist also has demanded that Google stop maintainingcaches of craigslist data. While craigslist still allows Google to index craigslist content, it onlyseeks to prevent Google from keeping a record (i.e., a cache) of the indexed content. 3tapshistorically has relied on the availability of such caches maintained by general search engines as asource of the craigslist data that it indexes.179. There is no legitimate business purpose for craigslist’s conduct. As explained above,craigslist historically has allowed general search engines like Google to maintain caches ofcraigslist data. It was only shortly after craigslist initiated this lawsuit against 3taps (and a meretwo days after craigslist abandoned its exclusive license requirement imposed on users) thatGoogle was instructed to cease caching. The only rationale for craigslist’s conduct is to raise thebarriers and costs that 3taps faces in sourcing craigslist data via the public domain.V. CRAIGSLIST’S BELATED ATTEMPTS TO INNOVATE180. In the face of its users’ increasing demands for innovation, as well as competition,28craigslist has made some belated attempts to innovate.3TAPS’ ANSWER AND COUNTERCLAIM62CASE NO.: 12-CV-3816-CRB