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slurry_curry
Nov 26, 2003
<3mini-moni+animu^_^

kid sinister posted:

If Zillow truly cared about "manipulated photos", they would ban all the real estate agents that stretch photos horizontally to make rooms look bigger.

The thing that drives me crazy is these aren't even Zillows photos, they just pull them from the different MLS systems and slap a watermark on them. I know way too much about this system since I used to work for a large real estate company and was part of the team that maintained/rebuilt their entire website.

*edit* poo poo, the last poster spelled it out much better than I did.

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Baronjutter
Dec 31, 2007

"Tiny Trains"

It's ok and fair use to slap a watermark on other people's photos in order to make money for your realestate website, it's NOT ok to use those pictures for parody though.

spog
Aug 7, 2004

It's your own bloody fault.

MisterOblivious posted:

http://fortune.com/2017/06/27/mcmansion-hell/


Uhhhh Zillow, admitting you don't own the copyright probably isn't going to work out so well for you.

https://twitter.com/rtushnet/status/879447437269770241

Who is this lady who has just offered her help, you may ask?

https://tushnet.com/about/

quote:

I spent two years as an associate at Debevoise & Plimpton in Washington, DC, specializing in intellectual property. After two years at the NYU School of Law, I moved to Georgetown, where I teach intellectual property, advertising law, and First Amendment law.

My work currently focuses on the relationship between the First Amendment and false advertising law. I have advised and represented several fan fiction websites in disputes with copyright and trademark owners. I am a member of the legal team of the Organization for Transformative Works, a nonprofit dedicated to supporting and promoting fanworks.

Oops

DrBouvenstein
Feb 28, 2007

I think I'm a doctor, but that doesn't make me a doctor. This fancy avatar does.


http://www.harkavagrant.com/index.php?id=340

DrBouvenstein fucked around with this message at 22:12 on Jun 27, 2017

Bunni-kat
May 25, 2010

Service Desk B-b-bunny...
How can-ca-caaaaan I
help-p-p-p you?

spog posted:

https://twitter.com/rtushnet/status/879447437269770241

Who is this lady who has just offered her help, you may ask?

https://tushnet.com/about/


Oops

I love this so much.

SoundMonkey
Apr 22, 2006

I just push buttons.



that's a good comic but holy poo poo why is it one three page long image

Baronjutter
Dec 31, 2007

"Tiny Trains"

I just hope she isn't scared away by all this and the blog and all her past work comes back on soon.

DrBouvenstein
Feb 28, 2007

I think I'm a doctor, but that doesn't make me a doctor. This fancy avatar does.

SoundMonkey posted:

that's a good comic but holy poo poo why is it one three page long image

Whoops, sorry, forgot to use the TIMG tag, thanks for the fix.

It's me, I'm the crappy post construction.

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

SoundMonkey posted:

that's a good comic but holy poo poo why is it one three page long image

Technically its only three pages when cut, after drying and finishing it's only two and three-quarters.

Slanderer
May 6, 2007

spog posted:

https://twitter.com/rtushnet/status/879447437269770241

Who is this lady who has just offered her help, you may ask?

https://tushnet.com/about/


Oops

Idgi

TooMuchAbstraction
Oct 14, 2012

I spent four years making
Waves of Steel
Hell yes I'm going to turn my avatar into an ad for it.
Fun Shoe

McMansion Hell abides by fair use rules, gets a Cease and Desist letter from Zillow anyway, and is now getting offers from lawyers to help defend the blog against said letter.

Dunno if those offers are pro-bono, but at the very least it looks like McMansion Hell has a pretty good case.

Slanderer
May 6, 2007

TooMuchAbstraction posted:

McMansion Hell abides by fair use rules, gets a Cease and Desist letter from Zillow anyway, and is now getting offers from lawyers to help defend the blog against said letter.

Dunno if those offers are pro-bono, but at the very least it looks like McMansion Hell has a pretty good case.

Oh, I thought the oops was somehow about the credentials of the Fanfiction Attorney

Leperflesh
May 17, 2007


This article MisterOblivious linked has an update that the EFF is now representing McMansion Hell.

quote:

Update 6/27 5:20 pm: The Electronic Frontier Foundation is representing Wagner. EFF attorney Daniel Nazer shared a statement with Gizmodo:

“We are representing Kate Wagner and will be sending a detailed response to all of Zillow’s contentions soon. We hope that Zillow comes to appreciate that it made a mistake and withdraws the threat.”

FilthyImp
Sep 30, 2002

Anime Deviant

Slanderer posted:

Oh, I thought the oops was somehow about the credentials of the Fanfiction Attorney
No, it's very much an Oops where Zillow is going to have to very, very publically walk back their intimidation letter or risk getting pounded in every hole they have by a bunch of very eager pro-fair use lawyers and groups.

Proteus Jones
Feb 28, 2013



FilthyImp posted:

No, it's very much an Oops where Zillow is going to have to very, very publically walk back their intimidation letter or risk getting pounded in every hole they have by a bunch of very eager pro-fair use lawyers and groups.

Not just eager pro-fair use lawyers, but eager respected legal scholars in Constitutional Law specializing in the 1st Amendment, pro fair use lawyers.

MisterOblivious
Mar 17, 2010

by sebmojo

Leperflesh posted:

This article MisterOblivious linked has an update that the EFF is now representing McMansion Hell.

Awesome update. Was just dropping in to post it.

https://twitter.com/mcmansionhell/status/879795641643409408

https://www.eff.org/helpout


txviking posted:

Well, I'll be damned. Zillow actually complied with my takedown request (to remove photos of my home) that I sent them in response to this. In light of that, I would encourage others to do the same unless there's a good reason you need your photos published on Zillow. They provide a link below, but I would suggest contacting their support department instead so that they'll be aware of why people are taking this action.

My email:

It has come to my attention that Zillow is threatening a lawsuit against Kate Wagner for her blog "mcmansionhell.com", scaring her into removing the blog even though you do not have standing to sue. Since Zillow profits from using photos that are not yours, I am consequently revoking your permission to post my photos of my property at <snip>. Please remove these photos from your site. Please confirm via email to <snip> that you have done so.

Their response:

Thanks for contacting us. I have removed the photos of your property on Zillow, per your request.

Additionally, you can always edit your photos directly via these steps: https://zillow.zendesk.com/hc/en-us/articles/203511930-How-do-I-add-or-remove-photos-of-my-home-

Platystemon
Feb 13, 2012

BREADS

FilthyImp posted:

No, it's very much an Oops where Zillow is going to have to very, very publically walk back their intimidation letter or risk getting pounded in every hole they have by a bunch of very eager pro-fair use lawyers and groups.

They can say whatever they want, but that doesn’t take back the illegal actions they’ve already committed.

Unfortunately, for every high‐profile blogger whose phone rings off the hook with offers of pro bono legal aid, there are scores of small fry that are successfully cowed by illegal threats from Zillow and companies like them.

Proteus Jones
Feb 28, 2013



Platystemon posted:

They can say whatever they want, but that doesn’t take back the illegal actions they’ve already committed.

Unfortunately, for every high‐profile blogger whose phone rings off the hook with offers of pro bono legal aid, there are scores of small fry that are successfully cowed by illegal threats from Zillow and companies like them.

While I agree it sucks that not everyone gets lawyers crawling out of the woodwork to offer pro-bono defense against these kind of Chilling Effect letters, you seem to be taking the tone that we shouldn't be celebrating the times that it does happen for the victories they are.

The times when the EFF or lawyers like Ken White mobilize to defend this kind of egregious bullshit make it easier and cheaper for others to fight off future incidents. Not the least of which is chronicling the fight as a road map on how to do it for lawyers who might not have their resources.

Phanatic
Mar 13, 2007

Please don't forget that I am an extremely racist idiot who also has terrible opinions about the Culture series.

Platystemon posted:

They can say whatever they want, but that doesn’t take back the illegal actions they’ve already committed.

Unfortunately, for every high‐profile blogger whose phone rings off the hook with offers of pro bono legal aid, there are scores of small fry that are successfully cowed by illegal threats from Zillow and companies like them.

There's not a single illegal thing about sending that letter. They're being *assholes*, but they're not breaking the *law*.

Platystemon
Feb 13, 2012

BREADS

flosofl posted:

While I agree it sucks that not everyone gets lawyers crawling out of the woodwork to offer pro-bono defense against these kind of Chilling Effect letters, you seem to be taking the tone that we shouldn't be celebrating the times that it does happen for the victories they are.

I’d like to see Zilllow lose in court, with punitive damages.

Platystemon
Feb 13, 2012

BREADS

Phanatic posted:

There's not a single illegal thing about sending that letter. They're being *assholes*, but they're not breaking the *law*.

Didn’t they send a DMCA notice to her host?

There are explicit penalties for that.

e: Okay, so they’re clever bullies. They got Wagner to take the site offline herself, Google cache reveals.

Proteus Jones
Feb 28, 2013



Platystemon posted:

Didn’t they send a DMCA notice to her host?

There are explicit penalties for that.

e: Okay, so they’re clever bullies. They got Wagner to take the site offline herself, Google cache reveals.

Yeah, the current way is to scare people with C&D letters so they voluntarily remove the content they object to. Murray Energy tried to do the same with John Oliver by sending a pre-emptive C&D before his show on Coal aired, which back-fired on them as Oliver not only eviscerated Murray Energy and Robert Murray, he also put the C&D letter on air. Of course since Robert Murray is certifiably insane they went ahead and sued HBO and John Oliver anyway.

https://www.bostonglobe.com/arts/television/2017/06/26/lawsuit-helps-muzzle-john-oliver-sort/EQWBzIOHzdAixP55c1iEiM/story.html

Phanatic
Mar 13, 2007

Please don't forget that I am an extremely racist idiot who also has terrible opinions about the Culture series.

Platystemon posted:

Didn’t they send a DMCA notice to her host?

Not that I know of. She took down her page voluntarily and temporarily so she could archive it in its present state, her host didn't pull it.

quote:

There are explicit penalties for that.

Not exactly. You can send all the takedown requests you want, you can even call them DMCA takedown notices if you want to and you can invoke all the powers the DCMA gives you, but that doesn't make it a DMCA takedown notice in the sense of the actual DMCA. Those have a specific format, and include specific information, and if they don't meet that format they're just a threatening letter and all kinds of hosts who don't care enough to know their rights can comply with it anyway even though they're under no legal obligation to do so. If you do send what is legally a DMCA takedown notice, of the sort that actually does legally obligate a host to act, the sole aspect of that which can have criminal penalties attached to it is that the sender is attesting under penalty of perjury that he is "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." That's the only statement made in a DMCA takedown notice which that act attaches a penalty to if you misrepresent it. To the best of my knowledge, absolutely nobody has ever been prosecuted for perjury for this.

Which is a damned shame. Because all it would take is once.

Platystemon
Feb 13, 2012

BREADS

Phanatic posted:

To the best of my knowledge, absolutely nobody has ever been prosecuted for perjury for this.

Which is a damned shame.

:agreed:

there wolf
Jan 11, 2015

by Fluffdaddy

Slanderer posted:

Oh, I thought the oops was somehow about the credentials of the Fanfiction Attorney

If you can plow through 800,000 words on the slow-burn love story of Kirk and Spok as they attend all 7 years of Hogwarts together while teaming up with the cast of Naruto to fight the Decepticons, then how hard is a law degree?

SoundMonkey
Apr 22, 2006

I just push buttons.


sometimes things happen elsewhere that i really wish happened in this forum

someone posted this picture on a mushroom farming forum asking for an identification on it



"in my sister's bathroom"

so of course everyone is instantly like "HOLY poo poo CALL SOMEONE IMMEDIATELY TO TEAR YOUR WALL APART", OP gets indignant, deletes thread

Baronjutter
Dec 31, 2007

"Tiny Trains"

SoundMonkey posted:

sometimes things happen elsewhere that i really wish happened in this forum

someone posted this picture on a mushroom farming forum asking for an identification on it



"in my sister's bathroom"

so of course everyone is instantly like "HOLY poo poo CALL SOMEONE IMMEDIATELY TO TEAR YOUR WALL APART", OP gets indignant, deletes thread

Did the OP end up ranting about women's unfair advantage in bathroom mushroom farming decisions?

SoundMonkey
Apr 22, 2006

I just push buttons.


Baronjutter posted:

Did the OP end up ranting about women's unfair advantage in bathroom mushroom farming decisions?

no and now i'm really sad they deleted the thread

Chillbro Baggins
Oct 8, 2004
Bad Angus! Bad!
Always great when the little guy wins. Of course they haven't won yet, but this is the sort of poo poo that a judge would just laugh at. Even the lawyers on the side of good who have spent their entire careers studying/defending issues of free speech are still lawyers, so when they start coming out of the woodwork to offer their services, you know you done hosed up.

Obviously they're going to send a very similar letter full of legalese back, but it boils down to:

quote:

Dear Zillow,
Suck my dick, and here's a bill for the ad revenue I lost while the site was down plus a couple zeroes on the end just because, and you'll pay it, because you do not want to take this to court.
Sincerely,
Kate Wagner and a whole bunch of better lawyers than you have. <3
I kinda hope Zillow does take it to court, so the beatdown can be hilarious and public (as opposed to most out-of-court settlements that get a "don't talk about it" clause attached to the contract that goes with the giant check.)

SoundMonkey posted:

sometimes things happen elsewhere that i really wish happened in this forum

someone posted this picture on a mushroom farming forum asking for an identification on it



"in my sister's bathroom"

so of course everyone is instantly like "HOLY poo poo CALL SOMEONE IMMEDIATELY TO TEAR YOUR WALL APART", OP gets indignant, deletes thread
Here, OP would be encouraged to eat the mushroom and post a trip report, and have his next-of-kin call somebody to tear the wall apart.

Makes me feel better about the surface mold in the corners of my shower (it's one of those seamless plastic things, so I know the mold is just what I can see, and has not grown inside the wall replacing the insulation like in that photo). Although my bathroom is carpeted, so it's just a matter of time, I suppose.

Edit: For those who don't know, a mushroom is the fungal equivalent of a flower on a tree, or a berry on a bush. The actual thing is mostly underground (or in the wall, in that case), that's just the fruit. IIRC one of the contenders for "biggest living thing" is a fungus, rivaled only by a clonal colony of aspen trees that all share the same root system (the humongous fungus is about the same acreage, and works the same way, just on a smaller scale).

Chillbro Baggins fucked around with this message at 06:55 on Jun 28, 2017

peanut
Sep 9, 2007


There were some little yellow mushrooms behind my mother-in-law's washing machine when the whole kitchen-bathroom drainage line got backed up. Her optimistic conclusion was that kitchen waste water has mushroom bits so it sprouted from that.

Queen_Combat
Jan 15, 2011
Did she died?

~Coxy
Dec 9, 2003

R.I.P. Inter-OS Sass - b.2000AD d.2003AD

ExplodingSims posted:

But what is the state of London Bridge? :ohdear:

Too soon.

YamiNoSenshi
Jan 19, 2010

MisterOblivious posted:


Uhhhh Zillow, admitting you don't own the copyright probably isn't going to work out so well for you.

Today on Legal Bullshit Theater, we learn about 'standing'.

PainterofCrap
Oct 17, 2002

hey bebe




As a property insurance adjuster for the past 30+ years, I can tell you from the front lines that mold is a hugely overblown issue.

While in extremely rare instances, an ignored or unknown issue can result in huge colonies that simply by their size and correspondingly huge spore release do create a pulmonary hazard chiefly only to those who are particularly susceptible to it (i.e. folks cursed with certain allergies), the worst that happens to the rest of us, even in the heaviest growths, is mild irritation of the sinuses that clears up within an hour of leaving or cleaning up the environment - which is no different than working a heavily fire-damaged house (except that, in the latter, you smell strongly of smoke for the rest of the day).

I dealt with water & mold in homes in varying degrees from the mid-80s with no issues, It wasn't until Inside Edition ran its piece on the Texas Mold House in 2001 that the whole "MOLD WILL KILL YOU!!!1" panic set in. Before this, folks cleaned up & moved on. (side note: Ms. Ballard had a good case for bad faith against Farmer's and should have prevailed on that fact alone; however, it was up to her, in spite of Farmer''s inaction and outright obstruction, to take steps to deal with the issue once discovered...to be fair, neither the public nor insurers were really educated or equipped to deal with a situation like this. That having been said, the home-owner should make some effort to deal with the problems in their house. This case was a combination of a number of issues, and she was probably screwed no matter what. Farmer's failure was not recognizing that this was an unwinnable situation for everyone, and in promptly dealing with it as a one-off, rare situatiuon, and paying whatever it took within the limits to address it in a timely manner...the house became uninhabitable because nobody did anything while the mold took off. And, let us not forget, the house is in a chronically damp area where mold is very, very happy to propogate).

What really took off was an entire industry for mold testing and remediation, literally where none had existed before. While the general existence of such companies is a Good Thing, the degree & extent to which it ballooned, preying on widely-broadcast fears of what mold will do to you & your house, was driven by the Inside Edition-inspired panic and continuing sensationalistic news coverage of Mold Issue Wipes Out Family. And huge profits, with insurers paying out.

My company's (the late, great Prudential) lessons from this back in 2001 were:
a) Do not stiff-arm an insured with any issue (which should never happen, and is a practice I never engaged in, and trained folks to never do); and
b) Years of training on mold remediation.

Part of Farmer's reluctance to act stemmed from policy exclusions for 'growth,' which was used to (eventually & too late) tell Ms. Ballard, "hmm, your icemaker leaked for months & rotted out the floor, that's not covered; the resulting 'growth' is also not covered." Also, that insurers really had no framework to deal with major mold issues...they really weren't A Thing.

We also now have policy provisions that address mold, & limit coverage to mold, including mold testing to a nominal sum ($5000 or so).

From my perspective the whole mold issue has gone from nothing, to a huge publicized deal, and back to...practically nothing, The initial profit-driven panic from 2001 to about 2007 has subsided; this is largely due to homeowners being destroyed economically when they found themselves on the mold remediation company merry-go-round, which went something like this:
1) Homeowner finds mold.
2) Calls remediation company.
3) Company tests, freaks out HO with tales of imminent doom;
4) remediation company (usually tied to the testing company. Shock) starts gutting the entire house, HO has to move into a hotel;
5) insurance company eventually is called, investigates;
6) a) finds the cause is not covered. Homeowner is screwed completely.
6) b) is covered, but the affected area is far smaller than what Conan the Destructarian did to the house. HO is partially screwed.
7) HO gives up first-born male child to get $$ to rebuild the house & pay 6-month hotel bill.

After a few of these, word gets around and people become reluctant to call mold-testing companies. That, coupled with the tiny limits for mold in most policies, has had us largely return to where we were pre-2001.

The echoes are the general zeitgeist I see, in the field, which is well-expressed in these forums, as well as the mention of 'potential mold issues' by policyholders and public adjusters in a vain attempt to put some fear in me to cough up some more money on a claim.

tl;dr: mold is no less nasty than other unaddressed cleaning & maintenance, but it won't kill you (google: not one solid tie out there-a lot of insinuation, but no factual connection - one kid died in Chicago when exposed to a nasty, long-term sewage stew in an apartment basement - it still is not clear if this was mold, or other pathogens).

Fun Fact: mold is everywhere. it's in your house right now. Only when mold-house-party conditions converge: moisture, lack of light, and the right temperatures - do you see concentrations. Clean it up & move on.

PainterofCrap fucked around with this message at 15:18 on Jun 28, 2017

MisterOblivious
Mar 17, 2010

by sebmojo

Delivery McGee posted:



Edit: For those who don't know, a mushroom is the fungal equivalent of a flower on a tree, or a berry on a bush. The actual thing is mostly underground (or in the wall, in that case), that's just the fruit. IIRC one of the contenders for "biggest living thing" is a fungus, rivaled only by a clonal colony of aspen trees that all share the same root system (the humongous fungus is about the same acreage, and works the same way, just on a smaller scale).

2,384 acres, 3.7sq miles, 10sq km

https://www.scientificamerican.com/article/strange-but-true-largest-organism-is-fungus/

Leperflesh
May 17, 2007

PainterofCrap, that is a Good Post.

I'll just add that on porous and semiporous surfaces bleach is not an adequate mold remediation product. It fails to penetrate and it chemically neutralizes too quickly. I keep repeating this fact because it seems like everyone tries to deal with mold using bleach. On a slick non-porous surface (glass, tile), you don't even need bleach, you can just wipe off the mold; on a porous surface (grout, walls, wood, most painted surfaces, etc), buy a mold remediation product (I use Concrobium).

Dirt Road Junglist
Oct 8, 2010

We will be cruel
And through our cruelty
They will know who we are

Leperflesh posted:

PainterofCrap, that is a Good Post.

Seconded! I do know someone who had pulmonary issues due to mold in Chicago, but it was a particularly nasty mold, and she had adjacent allergies as well. Somehow, always wondered why there was such a brouhaha over mold when everyone I know has some mold in their home...

Leperflesh posted:

on a porous surface (grout, walls, wood, most painted surfaces, etc), buy a mold remediation product (I use Concrobium).

What constitutes a mold remediation product? Certain chemicals? I moved from a high desert to a semi-rainforest, so this is relevant to my cleaning interests.

Neutrino
Mar 8, 2006

Fallen Rib
Zillow should just put all their poo poo behind a pay wall. Problem solved.

BonerGhost
Mar 9, 2007

Neutrino posted:

Zillow should just put all their poo poo behind a pay wall. Problem solved.

It would probably make a lot more trouble for them when they start charging people to look at photos for which they don't own the copyright.

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there wolf
Jan 11, 2015

by Fluffdaddy

DirtRoadJunglist posted:

Seconded! I do know someone who had pulmonary issues due to mold in Chicago, but it was a particularly nasty mold, and she had adjacent allergies as well. Somehow, always wondered why there was such a brouhaha over mold when everyone I know has some mold in their home...


What constitutes a mold remediation product? Certain chemicals? I moved from a high desert to a semi-rainforest, so this is relevant to my cleaning interests.

Something anti-fungal. Seconding the recommendation for Concrobium. Stuff's amazing.

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