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Zillow forces McMansion Hell to delete posts

mcmansionhell.com

41–50 of 388 posts

Re: Zillow forces McMansion Hell to delete posts

#41

I kinda figured this was coming sooner or later. McMansion Hell is using unquestionably copyrighted photos, but claims that they fall under Fair Use. I think that's true (but IANAL), but fair use is an affirmative defense that has to hold up in court.

And just because he's right doesn't mean court cases aren't expensive. I hope he either gets the attention he needs to raise some funds or gets noticed by someone willing to help him pro bono.

It's a good concept for a site. On it's surface it looks down right like community service. It's a bit snarky here and there but, man, some of those houses invite that kind of criticism. I don't see him selling anything, just a plug at the bottom about an article he wrote elsewhere.

Maybe he should switch from using Zillow's copyrighted pictures and ask readers to send in pics from their neighborhoods. Perhaps ask people to please assign copyright to him if they do. If people know he's not making money off it and just sharing info/thoughts on ugly housing I bet people would contribute.

Re: Zillow forces McMansion Hell to delete posts

#42
post #22

It would be nice to see what communication Zillow sent to McMansion Hell in order to both corroborate the claim and to see what law Zillow is invoking that Zillow would use in a potential lawsuit [0]. [0] https://en.oxforddictionaries.com/definition/corroborate

She has posted the letter: https://twitter.com/mcmansionhell/status/879429709251137537 Among other things, it claims the content is not fair use material, and threatens with the CFAA.

Thank you ceejayoz!

Edit:

Putting arrows and text on an image is a modification. What if she used something to overlay the arrows and text? Would that still be considered modification?

Re: Zillow forces McMansion Hell to delete posts

#44
post #4

Earlier quoted context omitted.

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

It was absolutely hilarious, and informative. He would show photos from listings of excessively large, poorly made mansions (or 'McMansions'). He'd point out all the design flaws, and architectural mistakes, then laugh at the excessive price tag. Apart from the humour, it was super interesting. If I look at a picture of a house, there's no way I can notice water damage, mis-matched windows, or just shitty door placem…

[deleted]

Re: Zillow forces McMansion Hell to delete posts

#45
post #12

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.

At the same time a $600M company would be worried about bad publicity at least somewhat.

So there are many ways of fighting them. Maybe not a direct "let's see who can outspend who over a lawsuit" but something along the lines of "Are you sure you want your name on Twitter as bullying a fun and popular blogger?" kinda fight.

Re: Zillow forces McMansion Hell to delete posts

#46

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

Actual text of the letter they sent her: https://twitter.com/mcmansionhell/status/879429709251137537

Re: Zillow forces McMansion Hell to delete posts

#47
Wow Zillow, way to protect that valuable IP! If I were an employee there I would wonder why legal wasn't working on something more useful.

Is there any open repository of house images (OpenStreetMaps, etc.) that could be used as a substitute in the interim?

Re: Zillow forces McMansion Hell to delete posts

#48

Loser pays laws would help this kind of bullying.

wouldn't it make even more problematic? you risk not only lawyer fees but a fine too? maybe if the fine was % of assets, so the corporation risks 10% of assets if they lose, but that will never happen.

Re: Zillow forces McMansion Hell to delete posts

#49

Earlier quoted context omitted.

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.

Maybe their agreement allows them to act as an "enforcement arm" of the agents?

What I find interesting is the choice to threatening them rather than just sending a DMCA takedown to Tumblr. Then again, the people (bots?) sending these emails may have no idea where it's hosted.

Re: Zillow forces McMansion Hell to delete posts

#50
post #45
post #12

Earlier quoted context omitted.

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.

At the same time a $600M company would be worried about bad publicity at least somewhat. So there are many ways of fighting them. Maybe not a direct "let's see who can outspend who over a lawsuit" but something along the lines of "Are you sure you want your name on Twitter as bullying a fun and popular blogger?" kinda fight.

Not really. Unfortunately, the "bad publicity as a way to keep companies in line" is pretty hit and miss.
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