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Zillow forces McMansion Hell to delete posts

mcmansionhell.com

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Re: Zillow forces McMansion Hell to delete posts

#11

Post by JohnTHaller »

imkevinxu wrote: post #3

On what grounds can they sue? Isn't this pure free speech? It looks like the only references to Zillow ever are citations that the photos come from their website http://www.mcmansionhell.com/search/zillow

Likely copyright over the photographs. Realistically, it's fair use since it's transformative and used for critique. Unfortunately, fair use laws only apply in the US if you have lots of lawyer money, so they don't really matter for normal folks.

Re: Zillow forces McMansion Hell to delete posts

#12

Post by eli »

imkevinxu wrote: post #3

On what grounds can they sue? Isn't this pure free speech? It looks like the only references to Zillow ever are citations that the photos come from their website http://www.mcmansionhell.com/search/zillow

You can sue (or threaten to sue) someone for almost any reason. I know wouldn't want to fight $600 million company, even if the law was on my side.

Re: Zillow forces McMansion Hell to delete posts

#14

Post by Analemma_ »

imkevinxu wrote: post #3

On what grounds can they sue? Isn't this pure free speech? It looks like the only references to Zillow ever are citations that the photos come from their website http://www.mcmansionhell.com/search/zillow

Most of the photos McMansion Hell posts are copyrighted by someone else. That's why most of their posts have this disclaimer in the middle:

    Copyright Disclaimer: All photographs in this post are from real estate aggregate Redfin.com and are used in this post for the purposes of education, satire, and parody, consistent with 17 USC §107.
Zillow might simply be suing for infringement, in which case the Fair Use would have to hold up in court (as it is an affirmative defense)

Re: Zillow forces McMansion Hell to delete posts

#15

Post by artursapek »

eddyb wrote: post #6
atonse wrote: post #4

Earlier quoted context omitted.

Never heard of it before now. :( I bet it was enlightening.

http://www.mcmansionhell.com/ is still up, for now, at least not all the posts are gone, so have a look.

It looks like she just mocks gaudy Americana houses/feature creep mansions

http://www.mcmansionhell.com/post/162143229176/50-states-of-...

Edit: gender

Re: Zillow forces McMansion Hell to delete posts

#17

Post by vortico »

JohnTHaller wrote: post #11
imkevinxu wrote: post #3

On what grounds can they sue? Isn't this pure free speech? It looks like the only references to Zillow ever are citations that the photos come from their website http://www.mcmansionhell.com/search/zillow

Likely copyright over the photographs. Realistically, it's fair use since it's transformative and used for critique. Unfortunately, fair use laws only apply in the US if you have lots of lawyer money, so they don't really matter for normal folks.

Correct, there are many tactics a well-paid lawyer can do to simply run anyone out of business based on a false or spurious copyright claim.

Re: Zillow forces McMansion Hell to delete posts

#18

Post by ben174 »

snug wrote: post #13
ben174 wrote: post #8

For those who had never heard of it before, the Google cached copy is still up: http://webcache.googleusercontent.com/search?q=cache:zFONMls...

Website is still up. http://www.mcmansionhell.com/

Ah, I believe the content was removed when I first clicked. Looks like it's back now.

Re: Zillow forces McMansion Hell to delete posts

#19

Post by clavalle »

JohnTHaller wrote: post #11
imkevinxu wrote: post #3

On what grounds can they sue? Isn't this pure free speech? It looks like the only references to Zillow ever are citations that the photos come from their website http://www.mcmansionhell.com/search/zillow

Likely copyright over the photographs. Realistically, it's fair use since it's transformative and used for critique. Unfortunately, fair use laws only apply in the US if you have lots of lawyer money, so they don't really matter for normal folks.

I wonder if Zillow even has standing to sue over copyright because, as far as I can tell, Zillow gains the right to use agents' photos but there is no copyright transfer.

Re: Zillow forces McMansion Hell to delete posts

#20

Post by bitJericho »

imkevinxu wrote: post #3

On what grounds can they sue? Isn't this pure free speech? It looks like the only references to Zillow ever are citations that the photos come from their website http://www.mcmansionhell.com/search/zillow

Agreed. Looking at the wikipedia definition of fair use, it's hard to say that this doesn't apply. But zillow is not a very nice company imo so I am unsurprised.
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