This is the first time I have seen EFF tap-dancing around issues that are important to its mission and I can't help but think that this arises from its relationship to Mr. Newmark. Craigslist has recently engaged in a lawyer-driven campaign to ensure that no third party can use any of the data posted to its site: 1. Quite apart from the "exclusive license" language that it recently added (and has now dropped), it had…
From Squid/Varnish style proxies, to paid CDN's, to free CDNs. If you upload content to the web, and you do not put it behind access controls like a password, it gets copied.
It's the nature of the web.
Many sites have built businesses around caching. Not taking content from search engine caches, but caching content that users request through their proxy. The users have no idea they are using a proxy. They think they are making a request to "A" site, when really their request is being passed to "B" site and "A" site is caching the result. Then other users come along and request the same content from "A" site and they think, "Wow, this is fast. And 'A' site sure has lots of content."
What's strange is that guys like Craig Newmark have made a fortune running "B" site, yet they get extremely protective of their turf. They think they are _entitled_ to something. Not really. They are just lucky. Because anyone could provide the same "service". Users can get the same content (which incicentally "B" nor "A" site own) from a myriad of points on the network. The web is a vast copy machine.
There is no entitlement. These guys who have made a fortune should be thankful.
Just because you can afford lawyers does not mean you have to start suing people because you are annoyed by competitors and the lawyers advise you that indeed you can sue. They are rarely going to tell you you cannot sue. They can find something.
Copyright trolls like Righthaven are one example of egregiousness that comes to mind. But how about with the recent OpenDNS Paxfire lawsuit? Junk patent nonsense. Fighting over who gets to hijack NXDOMAINS. The suit was dropped of course. Meritless.
There are companies out there whose business consists of hijacking and manipulating traffic, whether DNS or HTTP, to show ads. And these guys think they are _entitled_ to something. Please.
They should be happy with what they get away with.
We need more Alsups and Posners. We need more adults in the room.