I discovered
Listpic a while back, I think linking to it from
LifeHacker. In case you never got a chance to see it,
Listpic analyzed
Craigslist ads and created a gallery page from the ads that contained photos. It was great when we were looking for furniture, and it apparently came in handy for those who wanted to browse personal ads (a use-case that didn't occur to me).
Craigslist is a great site. Power to the people, grass roots movement, down with newspaper conglomerates and so on. But let's face it. The interface has never been great. I understand the effort is in keeping it lightweight, but
Listpic performed a valuable function for me. It saved me
time.
I'm never going to buy furniture--or a car, or a computer, or a
Hummel Figurine--sight-unseen. I feel like anyone who wants to sell something online who gives half a whit about getting their junk out of their garage is going to attach a picture. If a seller can't be bothered to post one, I'm not going to bother looking at their ad. With
Listpic, I could browse their Gallery of items listed on
Craigslist and only click through to those posts that interested me, rather than looking in the
Craigslist listings for the icon indicating that an ad contains pictures, then clicking through to each and every ad individually.
Browsing
Craigslist proper, I wasted a lot of time looking at ads that I never would have clicked through to if I'd had a picture preview.
Listpic let me take advantage of the the years of evolution responsible for the development of my visual cortex. Most humans with full use of their sight are much better at quickly scanning a group of photos than scanning separate lines of text. I always figured that
Listpic was letting me evaluate more products than I ever would with the standard
Craigslist interface.
Well today I learned from the
Download Squad that
Listpic has been blocked from accessing
Craigslist due to what are known as Terms of Use violations. This means that
Listpic is dark for the time being. It seems that
Craigslist's justification for the blackout can be summed up in a few bullets:
- Listpic uses ads. Craigslist doesn't, and their community is against the use of their content by other sites to generate revenue.
- By scraping the ads and pictures from Craigslist, Listpic is leeching a significant amount of bandwidth that Craigslist has to pay for.
- The Craigslist Terms of Use allow them to ban and fine(!) anyone who republishes or aggregates more than 100 ads without permission.
So let's state the obvious.
Craigslist is completely within their rights here. It seems pretty clear that Ryan, the developer behind
Listpic, probably didn't read the terms of use and probably didn't ask
Craigslist if it was okay for him to reprint their ad content. That's just a dumb mistake.
CYA, my friend.
But
Craiglist is not handling this situation well, either. Ryan
is claiming that he wasn't contacted before receiving
the cease-and-desist letter from
Craigslist. That seems to fly in the face of the informal, "
rootsy" image that
Craigslist cultivates. The
backlash in the Craigslist forums also indicates that
Listpic was providing a service a lot of people appreciated, and there's a lot of testimony that it contributed to people using
Craigslist more than they had before. But apparently this is one sticking point: how many people use
Listpic anyway, and how much of a bandwidth impact are they having?
In one response to the forum users calling for his head,
Craigslist founder Craig
Neumark states that the main reason for the shut down was
bandwidth related:
Listpic was using too much. But then, a few hours later, Craig says in a post that
they can tell only a very few people use
Listpic. Does this make sense? I'm not privy to traffic figures for
Craigslist or
Listpic, but this just doesn't pass the sniff test.
Listpic has been around for at least 9 months, as the date on
this post from the Consumerist proves. Has
Listpic's bandwidth imposition happened so dramatically, and in such a short period that the
Craigslist Server Admins have
only just noticed that someone has been scraping their site, a few thousand images at a time? Maybe someone at
Craigslist needs to hire new admins to monitor their web traffic (I
am available, Craig...email me). Maybe it just took Craig and Co. a while to figure out what to do, but I find it hard to believe that no one at
Craigslist knew what was going on. It's clearly not just about reprint rights or bandwidth usage, or even advertising. All of these things have been going on for 9 months, with nary a peep from
Craigslist.
Just out of curiosity, I looked up the
Craigslist TOS statement on Archive.org, to see if there was anything
hinky going on....maybe Ryan was caught unawares with an unannounced update to the
TOS. I'm not accusing
Craigslist of changing the
TOS just because of
Listpic, but I find it interesting that the last version of the
Craigslist TOS at Archive.org doesn't mention the $3000 per day fines that the cease-and-desist letter does. In fact, that version of the
TOS--logged by Archive.org on Dec. 26
th, 2005--doesn't even have a section 19(f), which outlines the fines Ryan may be faced with.
That's not to say that Ryan's off the hook. Even in 2005, you couldn't use
Craigslist ads without permission. Oops.
Listpic was a great idea. Craig says that a major problem
they had with Listpic was the
monetization of
Craigslist content through web advertising. Maybe that's not okay according to the terms of use, but it's an idea very much in the 'spirit' of web 2.0. Google uses their index of web content to provide search results, and then display ads relating to those results. This is a leveraging of other people's content to gain revenue. Sure, if I run my own web server, I can tell Google that their bots aren't welcome, but Google doesn't ask permission before they index sites. They assume that if you aren't blocking them, you're okay with their use of your site's content. Interestingly enough, though, Google has realized that having people use their tools in innovative ways only adds value to what they do. The give-back from Google for the use of all that web content comes in the form of all the open
APIs that Google allows other people to use, for free. Those are the tools that make all those neat
Google Maps mashups possible.
There would be no Listpic without Craigslist, but Listpic was giving back to the Craigslist community. This sounds like a very symbiotic relationship, and one that made it a lot easier for the community to access its own content.
Here's how to remedy this situation. Ready your pencils, lawyers and executives.
Craigslist should integrate the
Listpic functionality. If it's too much of a bandwidth hog, make it only available to paid members, and continue to offer the lightweight version for non-paying users. Ryan has some prior art in the graphical display of
Craigslist ads, so I feel its only fair to offer him some sort of deal. If he's a good coder, then offer him a job. If that's not feasible, then maybe Craig can license or outright buy the
Listpic code. Oh, and Ryan, if
Craigslist fines you (or deducts that amount from any contracts), pay up and don't complain. Next time, you'll read the fine print and ask permission.
Finally,
Craigslist should reconsider its policy regarding usage of ad content, especially when it clearly adds value for the communities of past and future
Craigslist users. Craig
Neumark says that the
Craigslist community has decided that their ads shouldn't be used for revenue by outside sites. Well,
everybody's gotta pay for their bandwidth.
Craigslist is not a charity, and it's not like
Listpic was a link farming site, reprinting
Craigslist content and attaching ads to it without giving anything back.
Listpic added something that the community found valuable, even if it was operating outside the terms of use. I think that it better serves the online community if people like Ryan, those with innovative ideas, are brought gently into the fold rather than
threatened with blackouts and thousands of dollars in fines. Otherwise,
Craigslist starts to look more like the coercive newspaper syndicates it has replaced than the user-centric community it purports to be.