Andrew Baron stirs up a Twitter storm

Andrew Baron, founder of the video-blog Rocketboom, seems to have stirred up quite the hornet’s nest by putting his Twitter account up for sale on eBay — along with all of his followers. When I first saw reports of this last night (on Twitter, of course), I thought it was a harmless enough prank, something Andrew clearly came up with as a lark. But the amount of commentary it has sparked in some quarters suggests that he has poked a stick into something important. What is the real value of a community, and can a community be bought and sold?

Obviously, Andrew can’t actually sell his followers. As he notes in the auction itself, his followers could all disappear as soon as the sale is complete. So what is he selling? His Twitter ID, for one thing. Of course, you would assume that whoever bought it would change the name to something else — but what if they didn’t? Andrew might have to put up with someone using his name on Twitter and pushing messages out to followers who may think it’s him (ask Shel Israel about that).

And what about some of those 1,400 or so followers who don’t particularly care who they’re following? Maybe they’ll be just as happy to follow whoever buys the account (for which the bid was $500 last time I looked). Andrew’s offer — which I assume from some of his comments was designed more as a thought experiment than anything else, as he shifts his Twittering to @rocketboom — reminded me of the guy who is selling his whole life, including his house, his job and his friends. (There are more comments from Andrew here).

Experiment or not, some people seem outraged that Andrew would even think of such a thing — to sell a community. Others say it’s no different than a media property selling its readership to someone else. Is it just a publicity stunt? More importantly, will social-media marketing types come to certain conclusions about the value of community depending on what the sale price is? Stowe Boyd says they shouldn’t, and that a true community can’t be sold, but others say there could be some value in such a purchase.

What is art worth — and how do we pay?

Ethan Kaplan, who is the vice-president of technology at Warner Brothers Records, wrote a long and thoughtful post today about the value of art, and how we as a society need to think long and hard about how we value art — including how (or if) we are prepared to pay for it — so that artists can make a living from what they create. Mike Arrington has responded to Ethan’s post over at TechCrunch, and he isn’t having any of what he calls “this new touchy-feely approach to the music tax.”

I thought Ethan did a nice job of looking at the issue and some of the questions it raises, without trying to boil it all down to an easy solution — but Mike zeroed in on one particular part near the end, where Ethan talks about how some artists in certain countries (including Canada) are supported by government programs. Putting two and two together, Mike says this is just Ethan’s way of rationalizing the “music tax” that Warner Music has been busily lobbying for:

“Strip away all the flowery language and what you have is a music industry executive calling for the ‘pro-ignorance’ US society to value music as art no matter whether it’s the ‘worst’ or the ‘best.’ He talks about how great European artists have it with government subsidies. And he’s doing it weeks after his boss called for a music tax.”

I think Mike is being more than a little unfair. It’s true that Ethan mentioned government programs in countries like Canada, but it’s not as though he is suggesting this is the entire answer (and I certainly don’t believe it is). In fact it’s arguable, I think, whether artists “deserve” to make a living at all, in the sense that society should move heaven and earth to ensure that happens. I thought the whole point of being an artist was that you are motivated by the desire to create and (in some cases) share your art, not by the desire to make a living or become rich.

Still, Ethan’s larger point is still well taken — and as he said on Twitter, what he wrote was his own opinion, not that of Warner Brothers. I think regardless of what you think of the music “tax” idea (which I think is ridiculous, and won’t work in any case), it *is* worth thinking about how we value art, and what it means to us as a society, and how we go about making that work in terms of economics. As someone who writes for a living, that’s something I think about quite a lot.

There are no easy answers. As it happens, these are just the kinds of issues we’re going to be talking about at the mesh 2008 conference in May, where Ethan will be one of our keynote speakers.

Shyftr: Feed theft or social news reader?

I checked into Twitter this evening to find a message from Louis Gray — who seems to be everywhere in social-media these days — about Shyftr, a new community for sharing RSS feeds. Cool, I thought. Maybe it’s like a new version of Google Reader, or FriendFeed. So I went over there and the first thing I noticed was that you can’t import an OPML file, so you have to add feeds one by one manually (Dave Stanley of Shyftr says the service will be adding the OPML import option soon).

Then I noticed another Twitter post from Eric Berlin of Online Media Cultist, asking whether I would be upset to know that Shyftr was creating a community around my feed, with comments and so on. My first response was “I don’t care, as long as they’re reading” — but then I started thinking about it a bit more, and reading through some of the comments on FriendFeed (ironically enough) about the service. One commenter, Raoul Pop, said that it was “content theft,” and that if his feed showed up there, the site could “expect to get hit with a DMCA-takedown notice.”

That reaction seems more than a little extreme to me. After all, an RSS feed is designed for people to read, right? Whether they read it in Google Reader or Bloglines or on their iPhone is irrelevant, really. If you don’t want people to be able to read all your posts without coming to your blog, then you can always offer partial feeds, although many people hate them — including me. Still, the idea that Shyftr.com is taking a full feed and posting it on their site and building a business around it, seems to cross a line (Louis thinks it is a natural extension of social media).

I seem to remember a couple of other cases like this — including one rather notorious one involving Top Ten Sources, which was (ironically again) started in part by copyright expert stalwart John Palfrey. The site pulled feeds in holus bolus, and while it didn’t have comments at the time it sold advertising based around the content, and there were howls of outrage. The site eventually changed its focus and began asking bloggers for permission before reposting their full feeds. I think that’s probably the best way for Shyftr to handle it as well, as does Eric.

Upate:

My friend Tony Hung has a longish and typically thoughtful post on the topic. The Scobleizer says bloggers essentially have no control over their content any more and should get used to it. Eric Berlin’s thoughts are here. And Frederic from The Last Podcast says he’s cool with the fact that his content can be used anywhere, and that pushing out an RSS feed implicitly gives such sites permission to use your feed.

I’m not sure that’s the case, however. I think RSS gives people the right to read your content — but not to build a business around it. If they want to do that, I agree with Tony that the least they could do is ask permission. As my friend and fellow mesh organizer Mark Evans notes, part of this is about page views, but part of it is also about common courtesy. Ross Dawson has some thoughts on it as well. I’ve got an email in to Dave Stanley of Shyftr and I’ll update this when I hear from him.

Video interlude: The designer/coder rap

Via a Twitter link from my friend and colleague Greg MacGregor, I came across this excellent instructional video for all Web designers and Web programmers. Feel free to sing along at home:

[youtube https://www.youtube.com/watch?v=a0qMe7Z3EYg&hl=en&w=425&h=355]

And once you’re done laughing (or taking notes), if you’re a Web designer, programmer, UI specialist or just about anyone else who deals with the Web and how it works — from Ajax and Ruby to agile programming and open source — you should be coming to meshU, the one-day workshop program that’s happening May 20th at MaRS in Toronto. The ticket window is now open, and there’s more info at the meshU site on the killer lineup, including Digg’s creative director Daniel Burka, as well as Ryan Carson of Carsonified, Pownce founder Leah Culver and more.

PR industry: Still grasping for a clue

Mark Glaser has a post up at the PBS Media Shift blog about the “social media press release” and how it is still a work in progress. He has a good recap of how it started a couple of years ago, how some forward-thinking PR practitioners and agencies came up with the idea of an SMPR — and he also describes how some firms still either don’t use them or consider a single HTML link to be the equivalent of a social-media press release. And I thought the traditional media business was slow to change.

Let’s forget all the blather about “social media,” shall we? If you are in any way trying to reach an online audience of journalists and/or customers and your press release has no links in it, then you = FAIL. If you have a single link to your PR agency’s website, or a single link to the company’s website, then you = FAIL. Links are the lifeblood of the Web — if you do not have them, and lots of them, then your press release is dead on arrival. At best, you force the person reading it to cut and paste terms into search engines and wander around looking for things. If you want some more reasons why your press releases fail, there are some good ones here.

This is not rocket surgery. Put links to relevant information in there; add multimedia content if you have it, with either embedded images or links to them. Better still, create a blog post that has all of these things in it and is tagged properly, and people will find it. Whether you follow the structure here or not is up to you (some people believe starting with the facts and not the spin or “hook” is the wrong way to go, but that’s debatable). Just put some damn links in there, and quit hoping that a boatload of overused adjectives will somehow sell the thing for you.

Why I deleted my GapingVoid account

So Hugh Macleod has made a splash in the blogosphere — and the Twitter-sphere, I suppose — by deleting his Twitter account. Hugh is the cartoonist/wine merchant (how many times do you see those words together?) who pens the Gaping Void cartoons, and is reportedly also working on a book. Why did he delete his Twitter account? He says it was too easy, and that it got in the way of doing other important things.

Hugh is entitled to his opinion, obviously. And there’s no question that Twitter can be awfully distracting, like a conversation at a party that is just out of earshot, where you can overhear bits and pieces of what’s going on. Hard to concentrate. But why did he have to make such a big deal out of it? I’m with Rex Hammock; you don’t have to cancel your account — just don’t go there as much. I haven’t deleted my Gaping Void bookmark, I just don’t go there quite as often. And sometimes Twitter posts produce ideas, as my friend Tony Hung notes.

Sure, take some time off and do other things — think deeply and blog about it, as Ted Rheingold suggests. There’s no question that there are flaws with Twitter, and Misha from Three Minds does a pretty good job of enumerating a few (hat tip to Changing Way). But why does it have to be all or nothing? Some things deserve a book, some things deserve a magazine article, some things deserve a blog post, and some are perfectly designed for a Twitter message. There’s room for all of them.

Update:

In other news, Ethan Kaplan of blackrimglasses would like everyone to know that he is *not* deleting his Twitter account.

Yahoo: Will merge for food

What’s that old saying about history repeating itself — the first time as tragedy, the second time as farce? (I think it was Karl Marx). I couldn’t help thinking of that when I saw the news (via Twitter, of course, my current news delivery mechanism of choice) that Yahoo and AOL are supposedly in talks on a combination that would foil Microbeast’s takeover ambitions. AOL and Time Warner was the tragedy (about $100-billion worth) and this current plan is most certainly the farce.

My friend Paul Kedrosky said that it was like tying two rocks together to see if they could fly better than one, to which I responded that to compare AOL with a rock was unfair to rocks. But another friend — Stuart MacDonald of Tripharbor.com — probably said it most succinctly: Yahoo + AOL = FAIL. I realize that Jerry Yang and the board of directors have to “pursue all available alternatives,” or whatever it says in the fiduciary duty documents, but this is ridiculous. The next thing we’ll hear is that Yahoo is talking with my Aunt Edna’s bridge club about a counter-offer.

Does Time Warner want to somehow get rid of AOL, preferably without losing an even bigger pantload of money than it has already flushed away? Sure it does. And on the surface, merging with Yahoo probably seems like a super idea for TW. But what exactly does it buy Yahoo? Some cash to do a share buyback, apparently, according to the Wall Street Journal. Whoop-de-doo. If shareholders of Yahoo vote for a shotgun marriage like that, they deserve whatever they get.

Can OpenX compete with Google?

Interesting news from Kara Swisher at the BoomTown blog, that former Yahoo executive Tim Cadogan is taking the top spot at OpenX — the open-source ad server company that used to be called OpenAds (and before that was phpads). As Kara notes, Cadogan was involved in the launch of Yahoo’s much-ballyhooed Panama ad search product, and before that he was at GoTo.com. His inaugural blog post is here.

OpenX is an interesting story. It is clearly going after medium-sized to large-scale Web publishers (including TheStreet.com and TechCrunch) that are looking for an alternative to the behemoth that is Google/Doubleclick, and the fact that OpenX is open source makes it appealing as well (the company also recently launched a private beta for a new hosted version). Google has its own similar ad serving software, called Google Ad Manager, but that’s hardly much of an alternative.

I think there are probably lots of publishers out there who are leery of entrusting everything to the Great Google, no matter how un-evil it might be, and are looking for easy (and cheap) alternatives to joining this or that ad network. If OpenX can be the friendly alternative, it could go a long way towards making a business for itself — and it doesn’t have to kill Google to do it, it just has to chip away a little bit of market here and there. Being a strong second or third is perfectly acceptable.

Google: Afraid of looking like a bully?

So after much hullabaloo and rejoicing over the launch of its Amazon-style “cloud computing” service, Google decided to take down the first app build to run on that service, a collaborative workspace called Huddlechat. Why? Apparently some people thought it was a ripoff of Campfire, a collaborative chat-workspace thing from “software as a service” superstars 37signals. Jason Fried of 37signals told Read/Write Web that he was flattered, but said he wondered why Google “stooped so low” as to “basically copy it feature for feature, layout for layout.”

I have to say I’m with Ethank Kaplan of blackrimglasses on this one: He calls the “lynch mobbing” over a few similarities “retarded” (although I think he means “developmentally delayed”). Did Huddlechat look like 37signals’ Campfire? I guess so, from the screenshots. I mean, there’s a group IM chat window on the left, with some navigational stuff on the right. Is that somehow exclusive to 37signals? Seems to me Google Groups looks a lot like that too, and Yahoo Groups for that matter.

It seems obvious that Google took the app down because it didn’t want the bad PR of looking like a bully, like a big, bad company ripping off someone else’s app to promote its new App Engine (especially since the App Engine has been criticized for taking a “lock-in” style approach). But the whole thing seems a little ridiculous to me.

Google Engine: Competitor or knock-off?

Call it a clash of competing clouds. It seems that Google is launching an application-hosting service that appears to be going head-to-head with Amazon’s trio of distributed computing services — the EC2 computing network, the S3 storage service and the SimpleDB database offering, all of which provide a kind of back-end in a box for companies that want to scale quickly. So is Google’s “App Engine,” which the company described at one of its invitation-only campfire events on Monday night, a real competitor for Amazon, or just a me-too knock-off?

Aaron Brazell of Technosailor — former technology guru for b5media — says the Google announcement is “much to do about nothing.” Among other things, Aaron says that Python, the only programming language that Google’s service currently supports, is not trivial to learn or to implement (several commenters on the TechCrunch post also seemed to think that restricting it to Python was a big negative as well). Aaron’s other beef with Google’s initiative is that it seems like an “Amazon S3 me-too” kind of product. “There is no innovation here,” he says.

To be fair, however, at least some of what Aaron is skeptical about — including privacy concerns, and the wisdom of hosting applications on remote systems run by some other company — arguably apply to both Amazon’s and Google’s suite of services. To me, the bigger question is whether companies will be drawn to Google as a host for their distributed services over someone like Amazon. I think they might. And if the Python limitation is only temporary (as Google suggested it is) then that could open up the doors even further for developers. Brady Forrest of O’Reilly says that he likes the approach Google is taking.

So now we’ve got the Google File System going up against S3, and BigTable going up against SimpleDB, and EC2 going up against Google’s server stack (no cool name for that, apparently). Is this the Muhammad Ali vs. Joe Frazier fight of the tech world? Hulk Hogan vs. King Kong Bundy? Or is it Paris Hilton vs. Nicole Ritchie? Update: SmugMug CEO Don MacAskill (whose service uses Amazon S3 a lot) has a take on Google’s App Engine — he sees it as interesting, but not much of a competitor — and he’s also worried about lock-in.

Write like a blogger, Seth says

Although I’m pretty sure his post is intended as advice for marketing people and that sort, I think Seth Godin has some great advice in his post on how to “Write Like a Blogger.” In it he provides a short list of tips for writing effectively for an audience. To me, these suggestions make sense for anyone, but especially for journalists who are trying to wrap their heads around this whole social media thing. Among my favourites:

Use headlines: Not just boring ones that announce your purpose, but interesting or puzzling or engaging headlines. Headlines are perfect for engaging busy readers.

It’s okay if you leave: Bloggers aren’t afraid to include links or distractions in their writing, because we know you’ll come back if what we had to say was interesting.

Show up: Not writing is not a useful way of expressing your ideas. Waiting for perfect is a lousy strategy.

Read the rest of the list here.

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Mark Zuckerberg: Revenge of the Nerds

According to a report in the Bits blog over at the New York Times, the long-running lawsuit between Facebook founder Mark Zuckerberg and a couple of his former Harvard classmates could soon be coming to a close, with a legal settlement between the two sides. This particular brouhaha (or is it more of a kerfuffle? I can’t really tell) has been going on for several years now, ever since Facebook really started to take off with university students, first at Harvard and later elsewhere.

If you’re not familiar with this particular drama, the lawsuit was filed by Cameron and Tyler Winklevoss, a pair of identical twins (and Olympic class rowers) who claimed that they created something similar to Facebook while at Harvard — called ConnectU — and hired Zuckerberg to do some programming for them. The Facebook founder stole that code, they alleged, and used it to start his own competing network.

I find this case fascinating, but not just because it involves Facebook and boy wonder Mark Zuckerberg. It also seems like a classic case of coat-tail grabbing to me, by a couple of guys who could have walked out of the pages of GQ magazine or the Abercrombie and Fitch catalogue, to judge by the photos in the in-depth feature in 02138 magazine. The piece was the subject of a court battle over information drawn from Zuckerberg’s journal, like his Social Insurance Number and his parents’ address.

The Winklevoss twins seem almost too good to be true, like villains from a wacky romantic comedy, with their Harvard rowing-crew background and identically tousled hair and athletic good looks. Zuckerberg, meanwhile, is the programming dork — the awkward guy with the glasses, who manages to outwit the jocks and triumph over adversity, and make a few billion dollars to boot. All Zuckerberg needs is the gorgeous starlet to fall for him and everything will be complete (unless she already has).

I’m not a lawyer, but from my reading of the case, the Winklevoss twins and their partner didn’t have two clues to rub together, and Zuckerberg got tired of trying to help them and started his own thing. Similar idea? Maybe. That’s life. I wish the Winklevoss boys nothing but the best in their future endeavours — maybe a social-network for Austrian rowers with an interest in stylish clothing and expensive hair products?

Loren Feldman vs. Shel Israel

I find it kind of interesting that not many people — or at least not many mainstream bloggers — are writing about Shel Israel and his ongoing battle with video-blogger Loren Feldman of 1938media. Matt Craven from The Blog Herald has just done so in a post about how Shel has lost a lot of his respect for doing two things: 1) Making crappy videos, and 2) Failing to respond to Loren’s jabs at him in the spirit of his book “Naked Conversations.” Shel’s response is here.

For anyone who has an actual life and hasn’t been paying attention to the brouhaha between Shel and Loren, it started when Shel began doing video interviews for FastCompany.tv. Loren — who makes corporate videos and also does his own blend of free-form comedy and commentary videos at 1938media.com — began criticizing the quality of Shel’s videos mercilessly on Twitter and on his blog, and also started posting parodies of Shel’s videos using Muppet-style hand puppets.

At some point, Loren also noticed that Shel hadn’t bothered to register the domain name version of his name, ShelIsrael.com. So Loren did, and it is now filled with parodies of Shel using the puppets, with some of Shel’s actual videos mixed in. At this point, I should probably mention that I know and like Loren — we had him as a panelist at the mesh conference last year, and he is very funny. But there’s no question that he likes it “edgy,” as they say, and not everyone takes to that.

Regardless of what you think about Loren grabbing Shel’s domain name, or taking repeated shots at him on Twitter and elsewhere, there’s no question in my mind that Loren is just having fun with Shel — just as he has with Jason Calacanis, Mike Arrington and Robert Scoble, all of whom are now friends. As Aaron Brazell notes in a comment on Shel’s blog, Loren often goes after people he either respects or likes — it’s the video equivalent of a boy pinching a girl when he likes her.

That’s why I thought the best take on this whole thing came from Tom over at Tom’s Tech Blog, who has written a thoughtful post about how Shel has handled this whole affair in completely the wrong way. It’s not just that he has been sniping at Loren on Twitter, or threatening to get private investigators to look into his background — it’s more that he hasn’t followed through on the principles in his book. And more than that, he’s made it obvious that he doesn’t really have much of a sense of humour either. For a comedian like Loren, that is the ultimate flaw.

New York Times: blog trolling 101

I’m sure someone at the New York Times has to be feeling pretty smug right now — after all, look at all the attention the paper’s story on bloggers is getting from the blogosphere. Obviously, the Times has learned the first rule of getting attention from blogs: talk about blogs. The Times also seems to have learned the second lesson, which is related to blog “trolling,” namely: associate blogs or blogging with some kind of apocalyptic or otherwise incendiary statement, viz. “Blogging kills.”

It’s true that the NYT didn’t actually use that phrase, but the story about two deaths (Russell Shaw from ZDNet and Marc Orchant, whose last gig was the ill-fated Blognation) and a near-death experience (Om Malik) in the blogosphere might as well have had that headline, as Marc Andreessen notes in his hilarious roundup of future potential New York Times headlines about blogging (including “Hitler probably blogged”).

Mike Arrington helps the Times out by saying he has gained 30 pounds, has a severe sleeping disorder and is on the verge of a nervous breakdown — which may be true, but could just as easily be said by someone who has become obsessed by major-league football during the playoffs, or someone whose hobby is building miniature ships in bottles. It has nothing to do with whether they spend every waking moment typing on a keyboard or obsessively checking Techmeme.

For me, the low point in the piece — which goes on to talk about how some bloggers for sites like Gizmodo spend dozens of hours blogging for pay from their tiny apartments — is when the Times coaxes this incendiary quote from blogger Matt Buchanan: sometimes, he confesses, he is so tired “I just want to lie down.” Stop the presses! (best quote comes from Gizmodo editor Brian Lam, who has trained as a Thai kick-boxer: “I’ve got a background getting punched in the face… that’s why I’m good at this job.” Definitely should have been higher up).

Further reading:

Om Malik’s thoughtful take on the issue is here, and Henry Blodget says the startup life probably has more to do with the phenomenon than blogging does. My friend Howard Lindzon says the story is bunk, and a sign that the NYT is out of ideas, while Dr. Tony Hung takes a look at whether stress actually does increase your chances of having a heart attack. Doc Searls has a thoughtful response as well.

Craigslist vs. craigslist blogger, round three

The blogger that Craigslist sent a cease-and-desist letter to earlier this week isn’t going to back down quietly, it seems. He has published a response on craigslistblog.org to Jim Buckmaster’s recent post, in which he says that the ads were just to “cover some hosting costs.” He also says that with his misleading post, the Craigslist CEO has “tarnished Craig Newmark’s reputation forever,” and that Buckmaster should “do the right thing and step down today.” Gee, Tim — hyperbole much? (this post has since been removed, I presume as a result of legal counsel).

My earlier post on it and update follow:

Update:

Craigslist CEO Jim Buckmaster has posted an entry to the new Craigslist blog in which he apologizes for the “ham-handed” C&D letter described below, which the site sent to a blog called Craigslistblog.org. But Buckmaster also provides some more details about why the classified service went after Tim White’s blog; among other things, he says the blog was running misleading text ads with Craigslist’s name in them (the ads were apparently removed from the site before the blog post got a lot of attention).

To me, that changes things substantially. One of the principles behind domain-squatting cases is that in order to avoid such accusations, a domain should have been registered and used in good faith — in other words, not to generate revenue based on the potential misunderstanding generated by a similar domain name. It seems pretty clear that Craigslistblog.org was designed to do that, and so I am backing Craigslist on this one. Jim Buckmaster’s post, incidentally, is a nice example of how to apologize and still make your point.

Original post:

Seems like Craigslist is in some hot water over a blog. But not because its new official blog is really ugly, poorly-designed and difficult to use, which it is — although given the somewhat… er, “distinctive” look and feel of the classified site itself, it’s probably not surprising that the blog looks like my daughter’s fifth-grade class designed it using a version of Microsoft’s FrontPage from 1998 (Craigslist doesn’t have ads? Not to be outdone, the blog doesn’t have comments or an RSS feed).

In any case, it’s not Craigslist’s official blog that’s the issue — it’s a site called Craigslistblog.org, which was started up about a month ago by a guy named Tim White as a way of getting some discussion going about Craigslist, both good and bad. Then he got a rather brusque C&D letter from none other than Craigslist CEO Jim Buckmaster, which Tim has posted on his site. In no uncertain terms, it directs Tim to stop using the domain and the name Craigslist immediately or face legal action.

Tim,

We need you to stop using the infringing domain CRAIGSLISTBLOG.ORG immediately, and arrange for tranfer of it to us asap – using/selling/transfering infringing domains is illegal, and penalties up to $100,000 per domain can be applied.

Tim, however, responds that Jim has “gotten some bad legal counsel” and asks whether the company plans to shut down other sites with craigslist in the name, such as craigslistmap.info. Jim then copies Tim on a letter to Craigslist’s attorneys, in which he not-so-subtly mentions that the law firm does intellectual property work for “Google and a lot of other prominent companies.” As far as I can tell, Tim isn’t planning to back down.

Is Craigslist in the right here? I’m not a lawyer (although I sometimes play one on TV), but from my reading of past cases involving domain disputes, both WIPO rules and U.S. law require complainants to satisfy several conditions in order to win such a case. The first one — whether the domain name is confusingly similar — is a slam dunk for sure. But the other criteria are whether the defendant is making legitimate fair use of the name, and whether it was registered in bad faith (i.e. whether the defendant registered it with intent to profit from the confusion).

Those last two are a lot harder to answer, and I happen to think Tim has a pretty good case. Whether he can withstand a legal onslaught from Craigslist — which has about $60-million or so a year to play around with, as far as I can tell from the recent revenue numbers — is a separate question. It’s also interesting to note the anti-Craigslist comments on Tim’s post. I expect plenty of criticism of the classified site based on the contrast between its touchy-feely ethos and its actions.