71–80 of 209 posts
Nice, you take the time to craft your listing on craigslist and now you've lost the right to repost your listing ANYWHERE else. I think we can safely assume that craigslist has a monopoly in (free) online classifieds and this reeks of very anti-competitive behavior. Wonder what the DOJ thinks of this.
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Probably not the best advice from a legal or ethical standpoint.
To be fair, consumer organisations here in Holland once took 25 EULA's to a judge. Less than 1% of what was stated would ever be held up in a dutch court. Things like the concept that a company can just define their liabilty themselves. Or how they have the right to share personal data with 3rd parties. The laws can not overwritten with contracts, esspecially ones without signatures. In essence, and this was quite fu…
My understanding is that it's not true to much of any extent in the US. The contract will generally win. It'll depend on the jurisdiction and the case, but it's certainly not the case that all EULAs are per se invalid. Nor is it the case that "the laws cannot be overwritten with contracts." Overwriting the legal default rules is what contracts do.
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Actually, if you do the cross-posting, Craigslist would be entitled to sue you for violating their exclusivity agreement, not the other site. What this would put on a poster is the extra work to make the copyrightable content different between sites.
I don't think any company would sue their users. PR in at least remotely sane companies trumps legal.
Pot, meet kettle.
Wow. Under the disguise of a pseudo-charity, Craigslist just revealed it's true intentions. They foolishly just opened themselves up to a lot of hate and possibly gave people a huge reason to try out competitors. This may be the beginning of the end of Craigslist's Empire. This is usually how it starts, users being held hostage, increased control, and decreased satisfaction with the service with no way out due to net…
What are some good alternatives?
Nice, you take the time to craft your listing on craigslist and now you've lost the right to repost your listing ANYWHERE else. I think we can safely assume that craigslist has a monopoly in (free) online classifieds and this reeks of very anti-competitive behavior. Wonder what the DOJ thinks of this.
No one is forcing anyone to use Craigslist. You are free not to post and free to not agree to those terms. Why should a publisher (which is what CL is) grant non exclusive rights? It's a business. If you don't like the terms, you aren't forced to sign the contract. You can always post a newspaper ad, or start your own site. Just because CL has the user base doesn't mean that they are preventing competitors from entering the market any more than Stephen King's publisher is stopping other writers from writing and publishing novels. Stephen King is well known and sells lots of books, but that's not a monopoly, it's a competitive advantage.
Should all companies be forced to give up their competitive advantage to make it easier for competition? Of course not. Competitors need to create their own advantage. It's like suggesting that FB has a monopoly on social simply because they have the most users. You can start your own. Facebook (and CL) aren't preventing users from visiting your site, nor are they preventing sellers from writing a different post for a different site. They're claiming rights to the specific ad posting. It's exactly like the publishing industry.
This anger seems to stem directly from Padmapper blatantly stealing CL data and acting as if it was perfectly fine. I'm no fan of CL, but they have the right to do whatever they want with their data, just as users have the right to not use CL. Don't like the terms, don't do business with them.
The Padmapper guys could take on CL and likely succeed I they had any clue about business development. Instead they spend their time trying to game CL instead of building their own business. If they started hyper locally and focused on a small area or neighborhood, they could easily dominate in that neighborhood with just the cost of some kinkos flyers (assuming they have a great product.) they need only contact landlords in their area, offer to post their ads for free and then flyer the neighborhood advertising 'Park Slope Apartments for Rent' or whatever neighborhood they choose. They'll start to build users. Then they add another neighborhood until eventually they reach critical mass in a specific city. CL took years to get where they were. It takes hard work and getting out from behind the computer screen from time to time. In the rental listings market, the code and UX is easy, the hard work is getting out there and building the business.
I din't get why CL has any obligation to help a competitor short circuit CL's 10+ years of hard work. Do some hard work yourself -- CL is beatable. Look at MySpace: millions of engaged users suffering through a horrid UX, yet they fell to some geographically marketed site called Facebook. You want to build a better CL -- learn from Zuck and Co how they beat MySpace. It's a hell of a lot more than just code.
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I'm not sure that a title or short description would be copyrightable "a work must meet minimal standards of originality in order to qualify for copyright" The photographs however would be covered by copyright. http://en.wikipedia.org/wiki/Copyright
I don't think that copyright for photographs would be covered by the Craigslist claim though: 'Clicking "Continue" confirms that craigslist is the exclusive licensee of this content, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing or preparing derivative works without its consent.' I have an original photo and publish it as part of a listing ('the content'). The photo…
> I have an original photo and publish it as part of a listing ('the content'). The photo is not a derivative work.
No, but if someone uses that photo (from the listing) to make something else, that something else is a derivative work, and thus covered by the craigslist license.
I suspect that the craigslist wording isn't intended to be restricted to derivative works. That is, I think that they meant to include content as is in addition to derived work from said content.
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This is not an EULA.
You are right. Although it comes down to the same thing. They are all just synonyms for contracts. ( a liscene is just a type of contract ) And this could very well be a good example of the 1% that would actually be uphold. If they had your signature, that is. Getting exclusive content liscence without explicit permission? They cant even prove it was you that submitted the content in the first place. Imagine a store…
Wow. Under the disguise of a pseudo-charity, Craigslist just revealed it's true intentions. They foolishly just opened themselves up to a lot of hate and possibly gave people a huge reason to try out competitors. This may be the beginning of the end of Craigslist's Empire. This is usually how it starts, users being held hostage, increased control, and decreased satisfaction with the service with no way out due to net…
Standard IANAL disclaimer.
Edit: replaced copyright with license. Low caffeine morning.
Nice, you take the time to craft your listing on craigslist and now you've lost the right to repost your listing ANYWHERE else. I think we can safely assume that craigslist has a monopoly in (free) online classifieds and this reeks of very anti-competitive behavior. Wonder what the DOJ thinks of this.