Because, like, how?
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"note that they are careful not to ever say they own the copyright" maybe they should have been careful not to ever write the dang letter
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Almost definitely not and therefore they at best have a ToS claim. (Because lol at the CFAA claim.)
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Even the TOS claim isn't.... great.
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I mean, at least it's colorable.
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I haven't looked at the ToS, but regardless it seems like it would be relevant whether the person had a Zillow account.
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Their letter says they don't.
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............... then.....
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"Hey, I bet we can scare the shit out of this blogger. Let's go be assholes without a legal basis!"
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Why even bring up how fair use doesn't apply when you don't even own the copyright
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Because they know she doesn't know better?
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Zillow rep responded to Buzzfeed (https://www.buzzfeed.com/jimdalrympleii/zillow-went-after-this-23-year-olds-popular-real-estate?utm_term=.rxZGAA1Pv#.jrZ2yy4dW …), claimed it was their "responsibility" to enforce provider agmts. No copyright.
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At /best/, as far as I can see, they might claim some sort of agency relationship, which worked out so well for Righthaven.
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Realtor friends tell me there’s a license from MLSes to Zillow, so not Z’s photos.
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I wonder if a MLS partner got steamed at Wagner (“She makes fun of our listings!”) and urged Z to take action.
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Or this is just another BS invocation of the false “I hate it, but I have a legal obligation to threaten you” argument.
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Any license probably does say that Z cannot sublicense, but
#fairuse isn’t a license, and Z has no control over it. But they’re too chicken… -
to tell licensors that it’s out of their hands. So they send a bogus C&D, hoping Wagner shuts down, and they can look tough to partners.
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Le chargement semble prendre du temps.
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