3 ms·

The EFF presents a fairly strong argument here. I don't think Zillow had much of a case before, but this certainly makes it clear that they will not be able to

The EFF presents a fairly strong argument here. I don't think Zillow had much of a case before, but this certainly makes it clear that they will not be able to scare McMansion Hell into submission. Zillow, if they want to achieve an outcome they want, will have to press this in court where they will likely lose. Curious to see the response from Zillow here, though I've already created my Red Fin account and will likely not bother to go back to Zillow.

lebrad 9y ago
Except they achieved the outcome that they stated they wanted. EFF says McMansion Hell won’t use photos from Zillow moving forward.
- dgacmu 9y ago
  She doesn't have to change her old photos. She's just not going to use any more. Which -- well, I can imagine not wanting to have anything to do with Zillow in the future. Or to give them free advertising by referring to them for each photo caption. I quite like the idea that her future posts will say "Images from Redfin, a pretty awesome site that isn't threatening to sue me for using images for purposes of education, commentary, and parody." :) But seriously, she won the most important thing: Her entire existing body of work is going to remain available.
  - lebrad 9y ago
    In their original letter, Zillow's first demand was that Kate Wagner confirm that she has "stopped, and will not in the future, access or otherwise use the Zillow Site or Images," which she has now done. Even in the worst case scenario, the internet was going to keep Wagner's original celebrated body of work available. I dislike the idea that Zillow's legal goons can now guarantee Zillow's sellers that their photos won't be subject to mockery by McMansion Hell.
    - dgacmu 9y ago
      Zillow's initial demand letter included this: "(ii) delete all images, and derivatives thereof, in Your possession and on Your site" As Kate noted in her twitter feed, the decision to not use them in the future was hers: https://twitter.com/mcmansionhell/status/880517699725668352 https://twitter.com/mcmansionhell/status/880517699725668352 https://twitter.com/mcmansionhell/status/880517699725668352 https://twitter.com/mcmansionhell/status/880517699725668352 The Innertubes may have kept her originals around, but being forced to delete them would have destroyed the value to her of a year of pretty concerted work on it. That would have acted as a very strong deterrent to speech.

lebrad 9y ago

Except they achieved the outcome that they stated they wanted. EFF says McMansion Hell won’t use photos from Zillow moving forward.

dgacmu 9y ago
She doesn't have to change her old photos. She's just not going to use any more. Which -- well, I can imagine not wanting to have anything to do with Zillow in the future. Or to give them free advertising by referring to them for each photo caption. I quite like the idea that her future posts will say "Images from Redfin, a pretty awesome site that isn't threatening to sue me for using images for purposes of education, commentary, and parody." :) But seriously, she won the most important thing: Her entire existing body of work is going to remain available.
- lebrad 9y ago
  In their original letter, Zillow's first demand was that Kate Wagner confirm that she has "stopped, and will not in the future, access or otherwise use the Zillow Site or Images," which she has now done. Even in the worst case scenario, the internet was going to keep Wagner's original celebrated body of work available. I dislike the idea that Zillow's legal goons can now guarantee Zillow's sellers that their photos won't be subject to mockery by McMansion Hell.
  - dgacmu 9y ago
    Zillow's initial demand letter included this: "(ii) delete all images, and derivatives thereof, in Your possession and on Your site" As Kate noted in her twitter feed, the decision to not use them in the future was hers: https://twitter.com/mcmansionhell/status/880517699725668352 https://twitter.com/mcmansionhell/status/880517699725668352 https://twitter.com/mcmansionhell/status/880517699725668352 https://twitter.com/mcmansionhell/status/880517699725668352 The Innertubes may have kept her originals around, but being forced to delete them would have destroyed the value to her of a year of pretty concerted work on it. That would have acted as a very strong deterrent to speech.