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Whether they _could_ is an open question. They voluntarily agreed not to, presumably since there are other sources for those images, so it isn't worth picking
by tempestn 9y ago
Whether they _could_ is an open question. They voluntarily agreed not to, presumably since there are other sources for those images, so it isn't worth picking a fight over. The real hardship would have been in removing and replacing all the old images.
- rickpmg 9y agoBut isn't the EFF supposed to pick the fights based on principals? By agreeing to this compromise they really just gave all the Zillow's of the world more confidence that strong-arm tactics work.
- harryh 9y agoIt's not the EFF's fight to pick, it's Kate Wagner's (the proprietor of the blog). It's pretty easy to imagine her not wanting to deal with a prolonged fight.
- wyldfire 9y agoPlus, the EFF has limited resources and litigation would be time consuming. As long as they can fight back against the big companies by writing a letter, they can litigate for clients who face other companies who won't back down so quickly.
- brainfire 9y agoPerhaps it's less "fine, I won't use it anymore if you don't sue" and more "I've decided to stop advertising your service for free on my website regardless of the outcome of this," and Zillow deciding to use the opportunity to gently remove their corporate dick from this particular beehive.
- bayonetz 9y agoVery colorful
- droopyEyelids 9y agoExcept Zillow sort of won. So they are the beehive and McMansion is the dick being removed.
- Moto7451 9y agoBy providing the muscle necessary to protect the rights of Kate Wagner, they have won.
- thaumasiotes 9y agoWhich rights of Kate Wagner did they protect? She could have achieved the same thing by losing in court.
- harryh 9y agoShe isn't removing old posts that contain photos sourced from Zillow. If she had lost in court she might have had to do that.
- jessaustin 9y agoShe would have definitely had to do that, and probably she would have had enough monetary damages levied to bankrupt her. It's not reasonable to fault EFF for pursuing her best interests.
- thaumasiotes 9y ago> It's not reasonable to fault EFF for pursuing her best interests. That depends on whether you think the EFF's goal is more to protect the general well-being of Kate Wagner or to protect the idea that you can post pictures on the internet. It's not reasonable to fault Kate Wagner for pursuing her own best interests, but what do those have to do with the EFF?
- icebraining 9y agoThe EFF is representing her. They are doing so because they have a more general goal, but they're still legally and ethically bound to respect her interests.
- 9y ago
- HarryHirsch 9y agoSo... no forward guidance about fair use. It's very disappointing, the EFF is supposed to be on the good side of the law, it doesn't to serve popular bloggers! Who wouldn't love to play fly on the wall during negotiations?
- tempestn 9y agoOnce a lawyer from the EFF takes her on as a client, even pro bono, it is absolutely their responsibility to serve her best interest.
- icebraining 9y agoAs the letter pointed out, the guidance is well established, there's no need to drag out an innocent into yet another fight.
- HarryHirsch 9y agoThey all tell you to be bold in claiming fair use, the Chicago Manual gave the same advice 20 years ago, yet McMansion Hell is still down. EFF says one thing, Zillow says the opposite. What guidance are we supposed to believe? Is it like Torvalds when someone asked him if he had been approached by the 3-letter agencies?
- icebraining 9y agoThe Zillows of this world will always threaten to sue and even actually sue regardless of the established precedents, because they don't need to win in court, they just need the other (weaker) side to lose money and time. There's nothing the EFF can do about that by pursuing this case. If you dislike this, push for a federal anti-SLAPP law.
- accountyaccount 9y agoA zillow competitor should just swoop in and sponsor her.
- fanpuns 9y agoOther users have made similar points that McMansion Hell was somehow advertising for Zillow by using their pictures, but why would you want to sponsor a blog whose express purpose is to make fun of or criticize listing on your site?
- accountyaccount 9y agoBecause they're your listings — not your service. If someone saw McMansion Hell they may be inspired to find shitty listings of their own on Zillow, and maybe they just happen to create an account and consider using it to find non-shitty listings when they're ready to buy a house.