6 ms·

Here's what I don't get: why didn't McM Hell go to an attorney right away? This seems like a no-brainer case of fair use that any competent attorney could tell

Here's what I don't get: why didn't McM Hell go to an attorney right away? This seems like a no-brainer case of fair use that any competent attorney could tell you in a free consult or less than 2 hours of billable time. And, yes, the threat letter from Zillow is total BS. But that doesn't mean Zillow "doesn't get it". That's just what attorneys do. I thought everyone knew this.

JustSomeNobody 9y ago
The consultation would likely be free, but if she wanted them to do anything it would be a few thousand to retain them. Maybe that's a good chunk of change for her?
Scaevolus 9y ago
Most people don't have the legal background to understand it, or the money to pay for a consult that might not be useful. McMansion Hell posted on twitter asking for help with the next step, because they didn't know what to do with such a threatening letter.
supercanuck 9y ago
>why didn't McM Hell go to an attorney right away? Seems the current strategy is working out quite nicely, no? Instead of a back and forth on a copyright issue that Zillow expected, they must now come to the defense of its brand. Probably not something they expected.
- callmeed 9y ago
  Yes, but that's more of a fortunate side-effect.
  - supercanuck 9y ago
    it won't be the next time.
xadhominemx 9y ago
I'm sure she did. Multiple attorneys reached out to her in the original twitter thread.
atom_enger 9y ago
"I thought everyone knew this" is a dangerous assumption. Not only are you assuming equal knowledge access but you're also assuming equal legal access. I'd argue the legal system is not equally accessible and knowledge of the system is even less accessible. I think the only safe assumption here is that Kate did _not_ know the proper way to respond to this and asked for help from the community. I would've done the same.
- callmeed 9y ago
  I mistakenly assumed McM Hell was something closer to a business or run by business person(s). As opposed to just a blog run by a single person. My bad.
ceejayoz 9y ago
The letter was written to freak her out - threatening with CFAA etc. - and it accomplished that well.
mikhailt 9y ago
Look at this from their point of view, not yours. Most people have this understanding that lawyers are expensive and Zillow is a big company, it is natural and reasonable to expect that fighting or resisting Zillow is going to be expensive and it is better to shut down first and find out what to do next. You're also making a huge assumption that even if the lawyers agree it is BS, Zillow would not pursue this matter further, causing them to retain a lawyer that will require money.
accountyaccount 9y ago
> the threat letter from Zillow is total BS. But that doesn't mean Zillow "doesn't get it I'd argue that sending a BS letter is literally not getting it. > That's just what attorneys do. I thought everyone knew this. Attorneys waste everyone's time by making demands without any legal basis?
- icebraining 9y ago
  Attorneys waste everyone's time by making demands without any legal basis? ...yes, often?
emodendroket 9y ago
Say you get sued. Even if the suit is totally bogus, you've got to spend your time and money fighting it. You have to at least stop and think about whether that is worth it.

JustSomeNobody 9y ago

The consultation would likely be free, but if she wanted them to do anything it would be a few thousand to retain them. Maybe that's a good chunk of change for her?

Scaevolus 9y ago

Most people don't have the legal background to understand it, or the money to pay for a consult that might not be useful. McMansion Hell posted on twitter asking for help with the next step, because they didn't know what to do with such a threatening letter.

supercanuck 9y ago

>why didn't McM Hell go to an attorney right away? Seems the current strategy is working out quite nicely, no? Instead of a back and forth on a copyright issue that Zillow expected, they must now come to the defense of its brand. Probably not something they expected.

callmeed 9y ago
Yes, but that's more of a fortunate side-effect.
- supercanuck 9y ago
  it won't be the next time.

xadhominemx 9y ago

I'm sure she did. Multiple attorneys reached out to her in the original twitter thread.

atom_enger 9y ago

"I thought everyone knew this" is a dangerous assumption. Not only are you assuming equal knowledge access but you're also assuming equal legal access. I'd argue the legal system is not equally accessible and knowledge of the system is even less accessible. I think the only safe assumption here is that Kate did _not_ know the proper way to respond to this and asked for help from the community. I would've done the same.

callmeed 9y ago
I mistakenly assumed McM Hell was something closer to a business or run by business person(s). As opposed to just a blog run by a single person. My bad.

ceejayoz 9y ago

The letter was written to freak her out - threatening with CFAA etc. - and it accomplished that well.

mikhailt 9y ago

Look at this from their point of view, not yours. Most people have this understanding that lawyers are expensive and Zillow is a big company, it is natural and reasonable to expect that fighting or resisting Zillow is going to be expensive and it is better to shut down first and find out what to do next. You're also making a huge assumption that even if the lawyers agree it is BS, Zillow would not pursue this matter further, causing them to retain a lawyer that will require money.

accountyaccount 9y ago

> the threat letter from Zillow is total BS. But that doesn't mean Zillow "doesn't get it I'd argue that sending a BS letter is literally not getting it. > That's just what attorneys do. I thought everyone knew this. Attorneys waste everyone's time by making demands without any legal basis?

icebraining 9y ago
Attorneys waste everyone's time by making demands without any legal basis? ...yes, often?

emodendroket 9y ago

Say you get sued. Even if the suit is totally bogus, you've got to spend your time and money fighting it. You have to at least stop and think about whether that is worth it.