Craigslist is now demanding to be the "exclusive licensee" of content posted to its site, an apparent bid to strengthen its legal position against third parties that re-use the content. Last week, the classified site sued Padmapper and 3Taps, two sites that provide alternative interfaces for Craigslist data.
But two legal experts Ars Technica talked to suggest that Craigslist has a weak case. "I'm sympathetic to Craigslist, but they don't have that much going for them," New York Law School professor James Grimmelmann told Ars.
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Craigslist's first problem is that it is suing over content it didn't create. As we learned from the Righthaven debacle, copyright holders cannot outsource enforcement unless they transfer ownership of the copyright itself.