Update: Zillow has dropped all its absurd copyright claims after hearing from EFF and McMansion Hell is coming back!
The Electronic Frontier Foundation has published its letter to Zillow, explaining in eye-watering detail how wrong the company was to threaten the McMansion Hell blog over its use of realtors' glam-shots of shitty houses.
In our telephone conversation, you suggested that Zillow’s agreements with third parties require it to demand that our client remove images from her blog. Of course, our client is not a party to any of those agreements and is not bound by them. Further, Zillow does not have any viable state law claims, such as interference with contract or business expectancies. Any such claim would be founded on Wagner’s commentary and criticism and would be barred by the First Amendment. See, e.g., Jefferson Cty. Sch. Dist. No. R-1 v. Moody's Investor's Servs., Inc., 175 F.3d 848, 857 (10th Cir. 1999) (state law claim for interference with contract cannot be based on protected speech); SCO Grp., Inc. v. Novell, Inc., 692 F. Supp. 2d 1287, 1290 (D. Utah 2010); Search King Inc. v. Google Tech., Inc., No. CIV-02-1457-M, 2003 WL 21464568, at *4 (W.D. Okla. May 27, 2003); Eddy's Toyota of Wichita, Inc. v. Kmart Corp., 945 F. Supp. 220, 224 (D. Kan. 1996); cf., Aitken v. Reed, 89 Wn. App. 474, 491, 949 P.2d 441, 449 (1998) (“Where defamation and tortious interference with contract claims arise out of the same conduct, both claims are subject to the defense of privilege.”). Zillow’s agreements with third parties do not trump Wagner’s right to free expression.
McMansion Hell Responds to Zillow’s Unfounded Legal Claims [Daniel Nazer/EFF]