Zillow backs off threat to sue McMansion Hell after compromise

[Yo_Mama_Been_Loggin]

Zillow has backed off its threat to sue the tiny but popular McMansion Hell blog, after a few days of backlash from the public against the Seattle real-estate giant and a compromise between the two websites.

Zillow had sent the blog’s founder, 23-year-old master’s student Kate Wagner, a cease-and-desist letter that Wagner posted online Monday. It said her McMansionHell.com site — which uses Zillow photos to make fun of ugly-looking houses — was in violation of Zillow’s terms of service and warned her that she may be violating various state and federal laws.

Since then, commenters online have come in droves to the blogger’s defense, calling it an overreach by Zillow, and someone plastered “MCMANSION HELL FOREVER” posters all over the outside of Zillow’s downtown Seattle headquarters. Wagner received legal advice from several attorneys and retained the Electronic Frontier Foundation for representation, pro bono.

On Thursday, the Electronic Frontier Foundation sent Zillow a letter urging it to back off, saying Wagner had free-speech rights to post her memes using Zillow photos and was protected under the fair-use legal doctrine. The firm threatened to countersue Zillow.

http://www.seattletimes.com/business/real-estate/zillow-backs-off-threat-to-sue-mcmansion-hell-after-compromise/

[politicat]

1. Zillow doesn't own the pictures. The realtors or the sellers do.

That's what's so utterly bonkers about this. Zillow has no moral claim and no authority as agent for the copyright owners.

[regnaD kciN]

2. But, then, could the realtors/sellers sue...?

I doubt they'd be happy about their property being held up to national ridicule.

[politicat]

4. They could try, but fair use doctrine means that if the document is altered

For the purposes of parody or satire, the case is thrown out. Fair use case law is extensive. The artist is only using one of a full picture set, not the whole set; she's not disclosing addresses or other identifying information (and since McMansions tend to be built on semi-uniform plans, identifying one architectural atrocity from another can be difficult) and she's not using interior shots that show the seller's possessions. Nor is she copying the listing as a whole.

In fact, suing a satirist tends to result in the Streisand Effect, and most realtors will discourage their clients from doing so on that line.

[rickford66]

8. Maybe you haven't checked out her blog. I do.

She uses several pictures for each listing, including interior shots and many show sellers possessions. Great site. Very entertaining if you appreciate decent architecture.

[underpants]

3. That site is a riot

Snarky as hell. McMansion hell.

[JNelson6563]

5. I am so happy about this outcome.

I think this young grad student of McMansionHell fame is great! Smart, witty, love her blog. I am a monthly supporter of hers. This is only going to win her more fans. Love it!

[kcr]

9. It sure did. I'd never heard of the site before this.

I lost a good chunk of time after reading about the lawsuit. It's hilarious and educational.

[Happyhippychick]

6. The blog is hilarious! So glad she "won"!

[pansypoo53219]

7. this just let me know of its existence. must go look.

[pansypoo53219]

10. funny, i do sorta similar. but i just post pretty local or bitch about bad 'up grades'.

zillo shows less pics then redfin?.