February 21, 2018

Dear Craig: Voluntarily Dismiss with Prejudice

[Cross-posted on my blog, Managing Miracles]

Last summer, Craigslist filed a federal lawsuit against the company Padmapper (and some related entities). Padmapper.com is a site that, among other things, allows users to view Craigslist postings on a geographical map. It is a business premised on providing value added services to Craigslist postings — with some of that added value going back to Craigslist in the form of more users. Craigslist did not like this, and alleged a host of claims — seventeen of them, by the time they were done with the “First Amended Complaint” (FAC). Among their claims were alleged violations of copyright, trademark, breach of contract, and — surprisingly — Computer Fraud and Abuse Act (CFAA). The CFAA claims were not in the original complaint (they showed up only in the September 2012 FAC). Today, the judge ruled that some of the claims would be dismissed, but that many would survive.

I am still at a loss about why Craigslist is taking such a scorched earth tactic against a site that appears to help more people find Craigslist postings. Sure, they’re looking to make money while doing it, but that’s how much of the internet business ecosystem works. I’m particularly shocked, because Craig Newmark has been at the forefront of fighting for so much good online policy. We’ve met a few times, including the period when he was embroiled in the fight over whether or not “adult services” would do away with his CDA 230 intermediary liability. He was on the right side of SOPA/PIPA and helped to fight against over-expansive copyright. I’ve always found him to be personally friendly, thoughtful, and savvy about what makes the internet work.
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Copyrights, Fundamental Rights, and the Constitution

There was a lot to take issue with in Scott Turow’s recent op-ed in The New York Times. Turow, who is currently President of the Authors Guild, took to The Times to criticize the Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, which brought physical books manufactured and sold abroad within the protective scope of copyright’s first sale doctrine. Turow cast the Court’s decision as another blow to authors’ rights, which, by his account, are being pitilessly washed away by the digital tides. He blames the usual suspects: e-books, Amazon.com, pirates, Google, and—this last one may surprise you—libraries. The coup de grace, he asserted, will be the extension of first sale rights to digital copies of books. (It may comfort him to know that the possibility of that happening is more remote following Redigi’s recent defeat in federal district court.)
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The New Freedom to Tinker Movement

When I started this blog back in 2002, I named it “Freedom to Tinker.” On the masthead, below the words Freedom to Tinker, was the subhead “… is your freedom to understand, discuss, repair, and modify the technological devices you own.” I believed at the time, as I still do, that this freedom is more than just an exercise of property rights but also helps to define our relationship with the world as more and more of our experience is mediated through these devices. I also believed that the legal tide was running against the freedom to tinker, as creative uses of technology were increasingly portrayed as illegal or deviant behavior. Now, at last, things may be starting to change.
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