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Comment · 14 years ago
That Ekirch article is great reading. Thank you.
Comment · 14 years ago
What was the date they started in the UK? How much cash on hand did they have at that point? A billion or so in the bank maybe?

It all started with public data. Google was born out of a project at Stanford centered around the idea of "online libraries". They had lots of practice using public datasets. The crawlable web is itself a public dataset.

Your point about OSM is the reason I mentioned the generosity of MapQuest.

Comment · 14 years ago
And didn't CL change their terms (excl-->nonexcl) after some blogger posted about them? And didn't they make some changes to their site (collaborate with a maps provider so users can now get geo mappings) after filing this lawsuit? I've already forgotten now. This case just seems laughable to me. But what do I know.
Comment · 14 years ago
If data is deliberately made available to the public, then it's public data. Even if's made available for free, that won't stop some on the web from trying to repackage it and derive commercial benefit from it. We've seen this many times. These folks have been very lucky that the validity of their assumptions has not been thoroughly tested in court. Somehow they become convinced they own the data. In reality they are merely the distributor.

Even if CL wins, e.g., they are granted an injunction to stop another site from scraping, scrapers can just get the same data from search engine caches. It's hard to argue trespass to chattels when the alleged trespasser never touches your servers. Moreover, search engines are themselves scrapers so clearly scraping is not per se a damaging activity in CL's view, only when it suits CL to view it that way. Arguing that robots.txt is a "license" is a stretch. It's designed to be read by a machine not a human.

And what if CL loses? What are the stakes then? Well, I'll let you answer that one. What exactly does 3taps have to lose?

CL claims they own the copyrights to facts and descriptions uploaded by CL users. Are users aware of this? Is it reasonable?

3taps' Answer should be a fun read.

Comment · 14 years ago
"The law really only intimidates the people playing by the rules, or trying to."

A seemingly simple yet profound statement. Thanks for this.

Comment · 14 years ago
Do you think most people listing ads on CL read the terms and understand them as you did? (Or were the terms confusing?) Are CL's terms different from what one would normally expect from a newspaper? That is, would you expect that the newspaper would require an exclusive license and prohibit you from running your ad anywhere else?
Comment · 14 years ago
spellcheck: abolute

My favorites were the last paragraph and the last footnote.

How did those Russians get on anyway?

The only other thing I would add is that these high growth companies, so-called startups, are all utilizing the web. They are relying on what it provides. I guess that's implicit, maybe it need not be stated, but historically could older forms of media have supported the type of growth rates discussed? How popular was the term "startup" before the web? And did it mean the same thing?

The startup: 1. Trying to solve a harder problem than existing businesses are willing to take on. 2. Being equipped for rapid growth. 3. Utilizing the web.

Comment · 14 years ago
I read the article differently. I think he's both smart and that he is spot on (but maybe Jarvis is the real source). Apple gets a lot of "free help" from the media, not to mention Hollywood, that other companies normally have to pay for.

I don't think he's suggesting that Apple has full control over what is said about them.

But that's sort of the point, they don't have to worry about that as much as other companies. They do not have to spend as much time and money trying to control the negative portrayals and carefully releasing positive ones. The media is flooded with positives about Apple. And Apple gets them for free.

Comment · 14 years ago
Have you read the CL complaint?
Comment · 14 years ago
"stole" market share. You got it. "[S]tole" was just a figure of speech. And that is in fact what meant by stole.

re: scraping. This is something that has come before the courts a few times (I'm thinking Ebay and a few others; although it might have been called "crawling"). Do you think CL can win on a claim of "scraping"?

Comment · 14 years ago
"stole" and "steal" and "CL idea" are all in quotes for a reason. Here, quotes are intended to signify the words quoted do not necessarily carry their dictionary meanings. They carry whatever meaning you assign to them. And that is what you have done. To you, "steal" means verbatim copying. But I might have assigned a different meaning, or maybe the same one. It's a figure of speech.

As for summary judgment, I think you mean _granting_ of summary judgment, not _filing_. But I'm not going to split hairs on the words you used. I know what you meant, even if it wasn't technically correct.

Comment · 14 years ago
The more Sherman Act claims that are brought against web incumbents, the sooner one is going to stick.

The CL blog stinks of entitlement.

Craigslist "stole" the classifieds business from local newspapers. Now they are accusing others of trying to "steal" the "CL idea" from them.

I am one of (probably) the few who actually prefer a CL type interface. But the way CL is behaving in the face of competition is just embarassing. If someone wants to reshape the data, then you have to let them. The data is not the property of CL. If users do not want their data on some other site, then that's their issue to raise, not CL's.

Comment · 14 years ago
I am sure about what I said in my comment, not what you've said in yours. I said they started with free data. And indeed they started with data on the US, not the UK. Everyting begins at home. My point is Maps did not start from zero. Public data got the ball rolling.

I cannot say for sure but I would guess it is also what spurred the ideas to bring in a guy they knew who was doing related work at Stanford and also to acquire what became Google Earth. I believe it all began working with public data. They have obviously added lots of proprietary data since that time. They have a massive amount of cash to spend. Far more than the libraries and government agencies in the US who have the public data.

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