Other

Craiglist has long been criticized for a failure to innovate (it has also been criticized for having among the “most draconian” terms of services of any major website on the internet). And instead of innovating, it has chosen to go after new market participants that have wanted to use Craigslist’s data on classified postings.

One of these websites is www.padmapper.com, which was sued for obtaining Craigslist’s data and placing it on a map. This allows for users to more easily aggregate, browse and search all available apartments across various services

Padmapper took a series of data points: cost of apartment, location, size and 1BR-4BR type of information, and allowed for customers to search on that basis. And when customers found what they wanted, they would click and be directed back to Craigslist to read the full posting and complete the transaction – thus potentially generating Craigslist new customers and more satisfied sellers. Seems like a win-win.

In addition to the copyright charge, Craigslist has gone after Padmapper and other websites for violating their terms of service (ToS) and the Computer Fraud & Abuse Act (CFAA). In Craigslist’s ToS they allow for websites like Google and Bing to “scrape” and index their website, but do not allow for other non general indexing websites to do so.

Craigslist has used the threat of copyright infringement as a sledgehammer to scare innovators from competing with Craigslist by using its data. Copyright infringement penalties are stark, so being found liable here would potentially lead to trillions of dollars in damage – yes trillions. The problem is, despite Craigslist using the threat of copyright violation to go after these new companies – Craigslist never retained copyright to begin with. And today a federal court made that clear. In Los Angeles a California federal judge dismissed the copyright claims against Padmapper and other companies on the basis of them not even having copyright to begin with.

Craigslist was claiming:

1. That it retained copyright to postings made by its customers; and
2. That taking these data points of cost and location constituted infringement.

By a consensus of legal experts (see EFF, PK, and Techdirt’s commentary), these claims were vacuous, but they have been successfully used to scare would be competitors. But perhaps Craigslist’s days of using false threats to scare new start-ups is over.

Its claim that it has a copyright to its customers’ postings is new information to its customers. How would you feel knowing that if you posted your resume on Craigslist that Craigslist now has copyright to your resume?

While customers granted Craigslist a license, they never granted Craigslist their copyright. The license was not an “exclusive license” (other than a small window that isn’t the basis of ongoing litigation). Further, Padmapper and other websites taking these data points is clearly within the limits of Feist and other Supreme Court cases establishing that data points are not copyright-able (Feist is one seminal case but other cases may be more up-to-date with current jurisprudence).

In laymen’s terms, Craigslist never had the copyright and taking the data points isn’t infringement.

It’s very good news that these charges were dismissed, hopefully this will discourage Craigslist from going after the next competitor with baseless charges.

But this isn’t the end of the legal issues. Craigslist is still forcefully pursuing on ToS and CFAA (some of the CFAA allegations were thrown out, but not all of them).  It’s curious that a company that prominently displays opposition to the CFAA and encourages customers to get involved to fix the CFAA, is at the same time suing start-ups for violating the CFAA for precisely the problems for which tech activists have ridiculed the CFAA, and, in particular, its application against Aaron Swartz. That problem being, according to tech activists, the CFAA should not be implicated merely for violating the terms of service of a website – terms that until recently prohibited all minors from accessing Google, that still require you to fill your Facebook with accurate data, or that require your profile on dating websites to be completely accurate.  If companies like Craigslist want to be on the right side of fixing this law, then they should practice what they preach.

Furthermore, Craigslist’s ToS include liquidated damages for “scraping” their website at $25,000 per incident – an incredible sum given that liquidated damages are supposed to represent an estimate of actual damage incurred, rather than serve as a penalty. According to Craigslist, over 100 million classified ads run on its site each month. Over the course of a year, this equates to approximately one billion ads online (assuming some repeats). According to this figure, if Craigslist were scraped at least once a day, the potential liability for one scraper under this provision could be as high as $9125 Trillion (365 billion “scrapes” at $25,000 per incident).

Obscenely high damages are not unusual for copyright infringement but for contract law this is insane. Again, liquidated damages are supposed to be an estimate of actual damages – not a penalty.  Their contract represents a good faith belief by Craigslist that scraping their website once a day costs them $9125 trillion – this is beyond belief.  Oppressive terms like these in their ToS should not be tolerated by competitors or consumers – and the internet eco-system should hold market participants accountable for this type of legal scare tactic to stifle innovation.

Going forward, innovators will likely find ways to aggregate and utilize the data without violating the terms of service. The ruling today may have cleared the way for innovators going forward, and hopefully put an end to bad faith and baseless legal threats by Craigslist against competitors. (To be clear, I am not taking a stance on the legality or ethics of scraping from Craigslist, merely observing on the use of a false copyright claim).

Let this be a lesson to tech companies: if you want to copyright user data, you must make it explicit that you are taking users’ data and claiming exclusive ownership of that data. And consumers can decide if they want to stay with you, or go to a competitor who will not claim their resume as intellectual property retained by the website.

As the House Judiciary Committee will hold hearings and considering wholesale revisions to copyright law, it should consider stronger provisions for misusing copyright law for other purposes as displayed here. Using false claims of copyright, for something that a company doesn’t even have copyright ownership of, for the purposes of going after start-ups and competitors should be punishable and discouraged. Copyright law is a giant sledgehammer creating trillions of dollars in liability, if companies are misusing it to shut down competitors, that is something that we can fix and address.  So called, “copyright misuse” or “copyfraud” to scare new market participants should be penalized for what it is – a tax on innovation. And Republicans who have spent decades complaining about outrageous tort claims and calling for wholesale tort reform should want a copyright system that strongly protects legitimate copyright holders but ensures that false copyright claims aren’t abused.

Lisa Smedman
Van. Courier

On a blustery day in late March, Emery Barnes Park is bustling with activity. Inside a fenced, off-leash dog park, completed in 2010, Yaletown’s dog owners watch their four-legged charges run.

Larissa Seymour and her partner John Wells bring their three-year-old French bulldog-pug cross Maggie to the park, located on the northwest corner of Davie and Richards streets, from their nearby highrise condo. The couple both work at Il Giardino restaurant.

“Everywhere is pretty dog friendly,” said Seymour. “Most places, you can bring them into stores; lots of people give out treats in stores. Nobody seems to mind.”

“It seems like everyone in our building has a dog,” Wells adds.

It wasn’t always that way.

Dean Dawson, a tax adviser for Ernst & Young, returned to Vancouver with his partner last year after living in England for nine years. Dawson brings his 10-month-old puggle (a beagle-pug cross) Riley to the park from his townhouse. He noticed a big attitude change after coming back from England.

“The city’s changed a lot,” said Dawson. “Vancouver probably used to be the least pet friendly city in the world, and now everyone has pets. [A decade ago] you just couldn’t find an apartment that allowed pets and you never ever saw dogs or anything downtown. And now it seems like everybody is out walking them.”

Rick Gannon brings his eight-year-old American cocker spaniel, Riley, to the park. He and his wife own their own condo, and Riley can get outside to get air, but the park offers a chance to run.

“You’re either dog lovers or you’re not,” said Gannon. “Obviously, we are.”

Gannon, retired from his job as vice president of sales for Nabisco, moved to Yaletown from Toronto. He said he was attracted to the area by the restaurants and other amenities. “It’s all within walking distance. It’s all within a few blocks.”

Richard Biederman and his partner moved to the fringes of Yaletown from Las Vegas a couple of years ago, bringing their black lab Angie, now 10, with them. Both work in the film industry. “Angie loves the dog park; she’s very active and it lets her use up all that energy,” said Biederman. “We used to have a backyard, and now that we’re in an apartment, this is where she gets all her exercise.”

They first visited Vancouver as tourists and were drawn to Yaletown because of its architecture and “dog friendly” vibe.

Walking Angie has helped the couple meet other Vancouverites. “We’ve made some good friends,” Biederman said. “It’s social for us, as well as for her.”

Brent Lewis, a realtor with RE/MAX Crest Westside, moved to Yaletown in 2010. His dog is a four-year-old weimaraner named Lexee. He lives on Smithe Street and takes her for runs at the off-leash dog park at Coopers’ Park. “I’d swear everyone down by the water, 50 per cent of people own a dog.”

A lot of his clients erroneously think they can’t live downtown with a dog. “A lot of people are surprised that a lot of highrises down here [in Yaletown] are completely non-restrictive. They allow all rentals, all pets.”

Yaletown dog owners wanting to pamper their pooches find what they need at Barking Babies, a doggie boutique on Homer Street.

Nancy Jelenic founded the store nine years ago, after returning from three years in Japan. There, she discovered “amazing dog boutiques” while shopping for her Jack Russell terrier, Quintin. The Tokyo stores sold everything from dog necklaces to designer pullover hoodies for dogs. “I kind of became addicted to all that stuff, and when I came back to Vancouver, I couldn’t find anything here,” she said. “And I had people stopping me, asking, ‘Where’d you buy that?’ And I thought, you know, there might be a market.”

Barking Babies carries designer clothing for dogs-the latest lines include pastel colours for spring and houndstooth-pattern bow ties-as well as collars, toys, beds, treats, and oversize purses used by owners to discreetly carry their small dogs into shops and restaurants. Dog trainers and groomers also work out of the shop.

Quintin died in 2010, but there are three dogs to greet customers at the store: Jelenic’s Mr. Pickles, a chihuahua, and Georgie Girl, a Yorkie, as well as Scottie, who belongs to manager Caolaidhe Lundy. “It’s a lifestyle, a total lifestyle,” said Jelenic. “Our dogs are our babies.”

© Copyright (c) Vancouver Courier

Van. Courier

Photographer Dan Toulgoet documents how times have changed in Yaletown, matching archived images from the Vancouver Public Library and City of Vancouver Archives of streets, buildings and neighbourhhood haunts with their present day incarnations.

© Copyright (c) Vancouver Courier

Sandra Thomas
Van. Courier

When it comes to diversity in Vancouver, the neighbourhood of Killarney is about as mixed as it comes, likely due to its geography.

Killarney, which also includes the small community of Champlain Heights, begins at East 41st Avenue and Kingsway to the north, Boundary to the east, Elliott Street and Vivian Drive to the west, and is bounded by the Fraser River to the south.

Killarney was one of the last sections of the city to be developed and, until after the Second World War, was still mostly second-growth forest. It wasn’t until 1878 when British surveyor William Rowling was given a land grant that included much of the southern portion of Killarney that it began to be settled. That new development was due mostly to the expansion of the interurban streetcar line north of Kingsway.

A walk or drive along Kingsway today demonstrates the melting pot Killarney has become, with small businesses catering to a variety of ethnic Canadian communities ranging from Chinese to Korean, Vietnamese, Taiwanese, Japanese, South Asian, Caribbean, Filipino and more.

Directly across the neighbourhood, one of the highlights of Killarney is its proximity to the Fraser River, a working waterway linking municipalities along its shores. A stroll along the Fraser River walkway allows for sweeping views of the water, Mitchell Island, the Knight Street Bridge and the steady stream of barges, tug and fishing boats that traverse the river. Eagles and seals are a common site in and around the river, as are the many species of waterfowl that nest upon its shores.

According to the City of Vancouver, the total adult population of Killarney is 28,455, of which 57.2 per cent are immigrants. Of that 57.2 per cent, 18.1 per cent are from China, 10.4 per cent are from Hong Kong, 3.7 per cent are from the Philippines and 1.6 are from India. As well, 51 per cent are married, 30.4 per cent are single, 62.3 per cent own their home and 37.7 per cent rent. The total labour force in 2006 was 13,970 and the average annual household income is $64,189.

© Copyright (c) Vancouver Courier

Michael Kissinger
Van. Courier

Bounded by Cambie Street to the west and Clark Drive to the east, Second Avenue and Great Northern Way to the north and 16th Avenue and Kingsway to the south, Mount Pleasant is one of Vancouver’s oldest neighbourhoods and considered by some to be the city’s first suburb. Home to several breweries, creeks and fish-bearing streams in the late 1800s, hence its original nickname Brewery Creek, the area was annexed by the city in 1911 and grew into a bustling working class neighbourhood, luring first-time homeowners with more affordable real estate than on the city’s West Side.

By the 1970s and ’80s, Mount Pleasant had lost much of its bloom, garnering an unwanted reputation for its dilapidated houses, seedy back alleys and street prostitution. But as is often the case, cheap rent and real estate once again gave way to an influx of young families, first-time home buyers, independent business owners and creative types.

By the 1990s, gentrification was in full swing, and by the early 2000s new breeds of Mount Pleasant residents began shaping the neighbourhood and its image – developers, amateur real estate speculators, condo-flippers and that broad stereotype of the Pabst Blue Ribbon-swilling, fixed gear bike-riding Main Street hipster. Efforts to rebrand the area as SOMA (South of Main) have been met with mixed reactions, and the area is ground zero for the city’s so-called east-west divide, which occurs along Ontario Street.

With its eclectic mix of restaurants, bars, coffee shops, heritage homes, condo developments, pedestrian friendly streets and accessibility to transit including the 10th Avenue Bike Route, the 99 B-Line bus and the Canada Line, Mountain Pleasant has become one the city’s hottest real estate markets.

Depending on whom you ask, the community is undergoing a “rapid and exciting transformation” or at risk of losing the very characteristics that made it attractive in the first place, as witnessed by the heated debate over the proposed RIZE condo tower and the expansion of the Kingsgate Mall proposal.

Whatever the case, Mount Pleasant continues to charm. In November it was announced that social media company Hootsuite had outgrown its Railtown nest and struck a deal with the city to move its head office to a 33,000-square-foot, two-storey office building in near Main and Broadway, ushering in yet another phase of this ever-changing neighbourhood.

© Copyright (c) Vancouver Courier

Tips on using the almost unusable new airport terminal.

Other

The GG has received reports from irate airport users that it is a nightmare to drop off and pick off passengers at this new terminal, but airport operations manager Eduardo Gonzalez assures us that this is most likely a lack of education and awareness of the public and employees and they will improve the drop-off/pick up situation. The drop off is not too difficult to figure out. You drive in and follow the signs for drop off. You cannot park close to the airport but you can stop and drop off passengers who are leaving. If you want to park and go in, you park in the pay parking lot where at least for now you can park for free. (But you’ll walk another 100 yards). Park under the billboard where everyone else seems to be parking.

There are now two parking lots, as the permitted vehicle road for passenger pick-up cuts the parking lot in two. The one which is a little closer to the airport says VIP parking. It isn’t VIP pricing though. Each parking lot now has an automatic cashier and the base rate for both is 25 pesos per hour. You take the ticket that the machine gives you to raise the bar to let you enter. When you leave, you give the ticket to the automatic cashier. You pay and the toll booth gives you a receipt. You put the receipt in the machine at the exit gate, and it opens the bar to allow you to leave. This has caused havoc for people who haven’t figured out the new system, so they have installed a human being to help people operate the parking payment machine. Some new signage is needed in respect to this new system.

But the real problem for locals has been picking up passengers. Here, they need some more detailed signs and explanations because it is really not clear where you are supposed to pick up your people. Pay attention, and try and remember this before you get to the airport:

The only way you can meet your guests is to park your car in the parking lot and go inside the airport. People departing leave from an accessible street level, but arriving passengers come out on the restricted lower street level and will be wandering around wondering where their ride is. Well, their ride can’t reach them on the arrival level. But the airport has provided space for commercial vehicles, the taxis, buses, limos and shuttles, to pick up arrivals on that level. Individuals are no longer allowed to pull their car up and see if their guests have arrived at this lower level. This is causing a lot of grief as individuals, and even legitimate transportation companies that lack their new ID, block the exits to the parking lot while they argue with the parking lot attendants and lower level security.

You can however drive up to the airport doors at the departure level. To meet your guests at the door with your car, they have to go to the upper level. There are stairs and an elevator that you can take between levels. You still cannot linger with your car at departures (you cannot at any airport), so you will have to have impeccable timing or excellent communication. For example you can call the airport (146-5111) and find out if the flights are on time, but of course you have no idea how long it will take to get through immigration and customs. It would be a good idea to tell your guests that when they arrive they should go to the upper level for pick up. To get there after clearing customs they can take the staircase that is to the left of the outside exit door, or turn right down a fairly unmarked hall where they will find the elevator. Or you can park your personal vehicle and wait for them at the customs discharge door, and guide them to where to wait, while you go get the car.

On the lower level there is a sign that says there is another automated parking lot payment booth right there, but there isn’t yet. The kinks will get worked out assures Gonzalez, but then he’s paid to say that.

So was this new terminal screwed up deliberately so that the expensive commercial vehicles have no competition in snagging airport arrivals? Or did the architects bungle the design this badly accidently? Quien sabe? Who knows? Airport operations manager Eduardo Gonzalez will only say our unhappiness with our new terminal shows a lack of education on our part.

Other

General

Who needs to know about this law?

Anyone who makes use of commercial electronic messages, is involved with the alteration of transmission data, or produces or installs computer programs needs to be aware of this law.

Alteration of Transmission Data

What is an example of altering transmission data?

An example is when an individual causes an electronic message to be sent to a destination that is different from that which the sender intended.

What are the general requirements for altering transmission data?

Express consent will be necessary before transmission data in an electronic message can be altered. There are other requirements that will need to be met when requesting consent, such as clearly and simply describing why, and for what purpose, consent is being requested, as well as the identity of the requester.

These requirements will apply when the alteration of transmission data occurs in the course of a commercial activity.

Commercial Electronic Messages

What is a commercial electronic message?

A commercial electronic message is any electronic message that encourages participation in a commercial activity, regardless of whether there is an expectation of profit.

What are the general requirements concerning the sending of commercial electronic messages for which the CRTC is responsible?

Generally, the sender will need to obtain consent from the recipient before sending the message and will need to include information that identifies the sender and enables the recipient to withdraw consent.

When Canada’s anti-spam law comes into force, what law will govern consent with regard to commercial electronic messages: Canada’s anti-spam law or the Personal Information Protection and Electronic Documents Act?

Once in force, Canada’s anti-spam law will set out the rules regarding consent with respect to commercial electronic messages.

Enforcement Agencies Roles and Responsibilities

What are the activities that fall under the CRTC‘s mandate pursuant to Canada’s anti-spam law?

There are three broad activities that will engage the CRTC. They are:

• sending of commercial electronic messages without consent;
• alteration of transmission data in an electronic message without express consent; and
• installation of computer programs without express consent.

The underlying principle is that these activities can only be carried out with prior consent and that such consent may be withdrawn.

What compliance tools will be available to the CRTC?

The CRTC will have a number of compliance tools; one such being administrative monetary penalties (AMPs). The maximum AMP is $1 million per violation for an individual and $10 million per violation for entities, such as corporations.

Where can I get more information on my responsibilities with respect to the Competition Act?

For more information on ensuring compliance with the false or misleading representations provisions of the Competition Act, please consult the Competition Bureau’s website, at www.competitionbureau.gc.ca.

What is the Competition Bureau’s role with respect to Canada’s anti-spam law?

The Competition Bureau will investigate and take action where appropriate against false or misleading representations and deceptive marketing practices in the electronic marketplace, including false or misleading sender or subject information and web links, as well as website content. The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.

What changes have been made to the Competition Act?

The new law amends the Competition Act in two key areas.

First, it modifies certain provisions in the Competition Act so that the Bureau can more effectively address false or misleading representations online and deceptive marketing practices, including false or misleading sender or subject information and web links, as well as website content.

Second, it includes technology-neutral language that catches emerging technologies. This will assist the Bureau in enforcing provisions in the Competition Act as technological threats evolve.

What is the Office of the Privacy Commissioner’s role with respect to Canada’s anti-spam law?

The Office of the Privacy Commissioner of Canada protects the personal information of Canadians. The new law will allow the Commissioner to enforce the legislation with respect to two types of conduct:

• the collection of personal information through access to computer systems contrary to an act of parliament;
• electronic address harvesting where bulk email lists are compiled through mechanisms; including the use of computer programs that automatically mine the Internet for addresses.

Installation of Computer Programs

What are the general requirements for the installation of computer programs?

Generally, computer programs may be installed only after express consent has been obtained. There are also requirements that will need to be met when requesting express consent, such as clearly and simply describing the function and purpose of the computer program, as well as information enabling consent to be withdrawn.

These requirements will apply when the computer program is to be installed in the course of a commercial activity.

Do these requirements have to be met every time a computer program is installed?

Not necessarily. For example, updates or upgrades will not trigger these requirements when express consent has already been obtained.

Does express consent need to be obtained in all cases?

Not necessarily. Express consent is considered to have been given in the case of computer programs such as cookies, HTML code and Java Scripts where it is reasonable to believe from their conduct that the person wants the program to run on their computer.

Personal Information

What is “address harvesting”?

This refers to the collection of email addresses through the use of things such as:

• “Web crawlers,” which are computer programs that scan websites, usenet groups and social networking sites, trolling for posted electronic addresses; and
• “Dictionary attacks,” in which a computer program guesses live email addresses by methodically trying multiple name variations within a particular group of common email domains, such as Hotmail or Gmail.

Once collected, email addresses are often sold to spammers as destinations for unsolicited electronic messages.

How can I know if my email address has been harvested?

It may be very hard for you to determine if your address has been harvested. However, you can still help in the effort to fight back against this activity by reporting suspicious electronic messages to the Spam Reporting Centre when it opens.

What is meant by “collection of personal information through access to computer systems contrary to an act of parliament”?

Generally, this refers to the collection of people’s personal information from a computer through illicit means such as criminal hacking or spyware.

How can I know if my computer has been infected with malware such as spyware which can collect my personal information? And if it has been, what should I do about it?

Here are a few common signs that your computer may be infected:

• It is functioning far more slowly than usual;
• Your Internet homepage has been reset without you having done anything;
• When examining your file system, you notice a program there which you have not installed yourself.

If you notice any of these signs, you should get in touch with an information technology expert for necessary cleaning or repairs.

Reporting Spam

What should I do with the spam I receive now?

At the present time, we recommend that you simply delete the spam messages you receive.

For information on how to protect yourself from spam and other electronic threats, visit How to Protect Yourself Online and While Mobile.

Does Canada’s anti-spam law deal only with spam?

No. It also deals with other electronic threats to commerce, such as the installation of computer programs and the alteration of transmission data, without express consent. These threats also include the installation of malware, such as computer viruses.

What does “spam and other electronic threats” mean?

Under Canada’s anti-spam legislation, there are various types of violations including the sending of unsolicited commercial electronic messages, the unauthorized alteration of transmission data, the installation of computer programs without consent, false and misleading electronic representations online (including websites), the unauthorized collection of electronic addresses and the collection of personal information by accessing a computer system in contravention of an Act of Parliament.

These violations include, but are not limited to, spam, malware, spyware, address harvesting and false and misleading representations involving the use of any means of telecommunications, Short Message Services (SMS), social networking, websites, URL’s and other locators, applications, blogs, Voice over Internet Protocol (VoIP), and any other current and future internet and wireless telecommunication threats prohibited by Canada’s anti-spam legislation.

Timing

When will the final regulations be posted?

Final regulations from the CRTC were posted on March 28, 2012 and can be found on the CRTC website.

The Governor in Council draft regulations were open for a 60 day consultation period that ended on September 7th, 2011. The Government of Canada is in the process of analyzing all submissions and developing options for consideration. Next steps will be determined in the near future.

The Governor in Council draft regulations can be found on the Canada Gazette website.

When does the law come into force?

Canada‘s new anti-spam law was passed in December 2010 and will enter into force following a Governor in Council order. A specific date for coming into force will be set in the coming months.

Regardless of the date set for coming into force, will there be a phase-in period for compliance to allow businesses and organizations time to implement the requirements within their systems in order to ensure they are compliant with the law? In other words, will the coming into force date and the compliance dates be different?

The coming into force date will be the date for compliance with the legislation. However, businesses subject to the Act should start reviewing their existing activities now to prepare for compliance and coming into force. Once the regulations are published in final form, there will be a period of time between that date and the coming into force of these provisions, which will enable businesses and organizations to have time to comply with the requirements set out in the regulations (such as what information needs to be included in a commercial electronic message).

There is also a 3-year transitional period that starts when the legislation enters into force during which consent to send commercial electronic messages is implied in the case of pre-existing business and non-business relationships. Similarly, consent is implied for the same period for the installation of updates and or upgrades to computer programs. Note, however, that this period will end if the recipient of the commercial electronic messages says that they don’t want to receive any more commercial messages or if the person on whose system the update or upgrade have been installed withdraw their consent to such installations (section 66 and 67).

Note that some parts of the law have already come into force, particularly some provisions involving the Personal Information Protection and Electronic Documents Act (PIPEDA). For more information, please see the Office of the Privacy Commissioner of Canada.

Other

Should you file 3520 and 3520A to pay taxes on your fideicomiso with the IRS or not? That has been the question For the last eight years or so that the IRS has been asked to make a ruling on it.They still have not done that but this week they did make what’s called a private letter ruling on it. The private letter ruling stated that the taxpayer who applied for the ruling was not required to file the Forms 3520. However, this ruling only applies to the taxpayer who asked for the ruling. The IRS is not bound to apply this ruling to anyone else. For any taxpayer to be completely certain they do not have to file these forms, the IRS would need to make a written public announcement that such filing was not required, and they haven’t done that, preferring to keep us all in limbo. But this ruling seems to speak to which way that wind is blowing concerning calling a fideicomiso a taxable trust.

Craigslist seems determined to destroy sites like Craiggers and Padmapper.

Timothy B. Lee
Other

A third-party site that relies on Craigslist data has accused the classified giant of changing its policies in an effort to kill it off. Craigslist has reportedly told major search engines to stop indexing its users’ ads. That could leave 3taps, which operates the site Craiggers and re-publishes the data for use by third parties such as Padmapper to use, out in the cold.

“At approximately noon on Sunday August 5, Craigslist instructed all general search engines to stop indexing CL postings,” says a statement on the 3taps homepage. Because 3taps had been harvesting Craigslist data from cached copies offered by Google and Bing, the move to block search engines means Craigslist is “effectively blocking 3taps and other third party use of that data from these public domain sources,” 3taps claims.

“We are sorry that CL has chosen this course of action and are exploring options to restore service but may be down for an extended period of time unless we or CL change practices,” the company says.

3taps seems slightly confused about when the block started. Its website states it began on Sunday, August 5, but the Verge noticed a tweet, published early Tuesday morning, that says Craigslist changed its policy on Monday. We’ve asked 3taps for clarification and will update when we have it.

The search engine block would be only the latest step Craigslist has taken to shut down competing services. Two weeks ago, the firm filed suit against 3taps and Padmapper, accusing them of copyright and trademark infringement. Last week, Craigslist beefed up its terms of service in an apparent effort to shore up what experts have told Ars is a flimsy legal case.

But the lawsuit would become all but irrelevant if Craigslist prevents third parties from crawling its site in the first place. That would also be a serious loss for users who prefer the more sophisticated interface of sites like Craiggers or Padmapper to Craigslist’s “old and busted” look.

We’ve asked Craigslist for comment and will update the story if they respond.

Update: A couple of readers have pointed out that Craigslist has set the NOARCHIVE robots meta-tag, but not the NOINDEX tag. So Craigslist posts should still show up in search results, but 3taps will be deprived of the cached copies of those posts it was using to build its own database.

 

Other

What is the most important thing you are ever going to purchase in your life time? A home. So who cares what Equifax considers a good credit score, it’s what the lenders think that counts. Your beacon score aka credit score ranges from 300 (low) to 900 (high). There are two governing bodies who monitor your credit scores. The first is called Equifax and the second is Transunion. We are going to focus on Equifax as the majority of lenders use Equifax over Transunion.

According to Equifax, 700 is considered nothing special but by mortgage lending standards, this will get you pretty much anything you want. What is the minimum requirement for a mortgage with great rates? 620 – 650 (through a mortgage broker) depending on the mortgage product you require. Most people fall into the 750 – 799 range (according to Equifax) which is pretty high if you ask me. Here’s where it gets interesting, a credit score of 850 can mean nothing!

Without an established history of payments and at least two trade lines (line of credit, student loan, credit card, car payment, etc), a high credit score can mean nothing. It takes time to establish a good credit score so start today if you haven’t already.

Your Equifax credit report is a compilation of information about you and your credit history that has been reported to Equifax by others, mostly by those who granted you credit. Your credit score, on the other hand, is a number calculated using the information in your credit report.

A credit score is a statistical formula that translates personal information from your credit report and other sources into a three-digit score. For example, when you fill out a loan application, pieces of information from the application along with information from your credit report will be used to compute a score that indicates to the lender the statistical probability that you will become delinquent on the loan.

There is no quick fix for removing past aspects of your credit history that may be negatively affecting your credit score.

Here are some tips to keeping a good credit score:

• Never go over your limit and try to keep your balance below 75% of the limit
• Always pay your bills on time
• Avoid applying for credit unless you have a genuine need for a new account. Minimize your inquiries

What are the most common factors that can negatively affect a credit score?

• Delinquency
• Public record or collection field
• Time since delinquency is too recent or unknown
• Level of delinquency on accounts is too high
• Number of accounts with delinquency is too high
• Amount owed too high on accounts
• Ratio of balances to credit limits on revolving accounts is too high
• Length of time accounts has been established is too short
• Too many accounts with balances

Will inaccurate information in my credit report affect my credit score? It certainly can depending on what is reported. If you want to correct inaccurate information on your Equifax report, download the Consumer Credit Report Update Form, which is used to correct inaccuracies. You can fax the completed form to (514) 355-8502.