Craigslist Inc. v. 3taps Inc.
942 F. Supp. 2d 962
N.D. Cal.2013Background
- Craigslist sues three scraping defendants (3Taps, Padmapper, Lovely) and an affiliated individual for alleged unauthorized harvesting of Craigslist content.
- The FAC asserts claims across multiple torts, contract, copyright, trademark, and antitrust-related theories.
- Defendants move to dismiss some copyright claims, dismiss civil-conspiracy theories, and seek bifurcation/stay of discovery of antitrust counterclaims.
- Craigslist alleges real-time scraping and redistribution of ads via APIs and partner sites.
- TOU govern access and grant Craigslist broad license/authorization terms; exclusive license periods are contested.
- Court engages in threshold copyright analyses, including ownership, originality, exclusivity, and registration issues; it also addresses CFAA scope and preemption questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CFAA/502 claim viability | Craigslist asserts access without authorization via TOU and circumvention. | 3Taps/Lovely contend TOU are use restrictions, not access restrictions; Nosal controls. | CFAA claim survives; access restrictions found where authorization was explicitly denied and barriers bypassed. |
| Copyright protectability of posts and compilations | Posts are original; compilation is protectable with Craigslist as author. | Posts may be non-original or compilation lacks sufficient originality. | Posts are original; compilation protection denied only to pre-July 16 and post-August 8 periods for exclusive license issue. |
| Exclusive license status for user-posts | TOU/notice during July 16–Aug 8, 2012 created exclusive license to Craigslist. | No clear grant; exclusive period is narrow and ambiguous outside that window. | Craigslist acquired exclusive license for user posts during July 16–Aug 8, 2012; outside period, license non-exclusive. |
| Breach of contract preemption | TOU contracts should support breach theory independent of copyright. | Preemption applies if contract claims merely duplicate rights under the Copyright Act. | Not preempted; TOU include extra elements beyond copyright (access, anti-circumvention) and survive. |
| Lanham Act/Dastar applicability | Craigslist seeks protection for its mark against passing off by defendants using Craigslist content. | Dastar precludes claims where the core issue is misattribution of content; overlap with copyright. | Dastar does not bar Craigslist’s Lanham Act claims; passing off claims viable for services/activities, despite copyright overlap. |
Key Cases Cited
- Nosal, 676 F.3d 854 (9th Cir. 2012) (CFAA scope—restrictions on access vs. use; Nosal governs access interpretation)
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340 (U.S. 1991) (Originality threshold for copyright protection)
- Silvers v. Sony Pictures Entm’t, Inc., 402 F.3d 881 (9th Cir. 2005) (Exclusive rights and assignment concepts for infringement standing)
- Radio Television Espanola S.A. v. New World Entm’t Ltd., 183 F.3d 922 (9th Cir. 1999) (Agency/transfer implications in exclusive licenses; writing not required for license transfer)
- MRIS, Inc. v. American Home Realty Network, Inc., 888 F.Supp.2d 691 (D. Md. 2012) (Registration of a compilation suffices to cover constituent works when license exists)