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

12345678910111213141516171819202122232425262728between craigslist and its users. 3taps denies that its products or services are subject to the TOU,since the craigslist site itself is not accessed by the 3taps technology targeted by this lawsuit, whichinstead obtains its data from third party general search sites (e.g., Google, Bing, etc.) that havealready properly and lawfully received, aggregated, and indexed the public data. craigslistfunctions like a launching pad into the public domain for user-drafted ads. Once a user places thead for public use, that data can then pass through multiple other electronic gateways (e.g., browsers,switches, Google, other third party data “grabbers”). The TOU do not and cannot bind thesesubsequent relays, since the entire logic of the internet is based on them and any display of a“search result” could be potentially actionable. For example, “googling” the words “for rent 3 bed2 bath apartment ‘San Francisco’” will result in multiple Google search results displayed as links,including this link: “SF bay area apts/housing for rent classifieds - craigslist.” In this example,craigslist functioned solely as a launch point into the public domain. Once the user posting arrivedthere, its content became stored, indexed, and re-presented by multiple third-party sites (such asGoogle in this example). Once on these sites, the information can be further accessed, further regrouped,and further re-presented, with access obtainable without ever touching the craigslist siteor craigslist servers. 3taps denies that craigslist has the legal right to obstruct these basic functionsof the internet, or to otherwise interfere with public data once a “free” user launches it into thepublic domain via the very conventional web tools provided by craigslist. 3taps, therefore, deniesthat the TOU operate to regulate, control, or govern the multitude of these search results, thirdpartycontent storage, and other access attributes that make the internet a critical tool of modernsociety. 3taps further and specifically denies that the TOU can be the basis for a claim ofjurisdiction on these allegations. To the extent that the remaining allegations in paragraph 13 relateto defendants other than 3taps, 3taps lacks knowledge or information sufficient to form a belief asto the truth of the allegations in paragraph 13 and therefore denies the same.14. 3taps denies the allegations in paragraph 14. 3taps’ technology does not accesscraigslist servers or the craigslist site, and 3taps denies that jurisdiction and/or venue exists on thesupposition that it has engaged in either of these activities. To the extent the allegations inparagraph 14 relate to defendants other than 3taps, 3taps lacks knowledge or information sufficient3TAPS’ ANSWER AND COUNTERCLAIM6CASE NO.: 12-CV-3816-CRB