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Zillow’s patent game is strong – they just got 3 for IBM’s creations

(CORPORATE NEWS) This company was just granted not 1 patent but 3 on tech more than twice their age! What does it mean for you? Nothing good…

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zillow genius patent

Welp. They did it.

We’ve been watching Zillow for some time now, and in the midst of even the strongest of OP Eds saying how terrible an idea it is, Uncle Sam officially handed them multiple patent keys to tech they didn’t invent.

How big do you have to be before you can clout jack with this much impunity?

I’m used to seeing this with small artists. Forever21’s Etsy spies find a cute, simple design, maybe do the work to alter the pallate a smidgen and rely on the ‘Matilda’s Dad’ strategy of “I’m smart, you’re dumb, I’m big, you’re little, I’m right, you’re wrong, and our lawyers will argue the same, peasant’.

But with technology, you can literally trace the code back to a source. It’s not like using teeth as a motif, it’s real, it’s definite, and it’s definitely really shocking that the government signed off on this.

Zillow’s not exactly startup sized, they’ve been in business since 2004. They’re a big name. Their competition probably can’t muscle their way in and out like they can. Matter fact, a company you may have heard of fighting them on patents has only been doing their doings since…wait, since 1911. Must be a tiny outfit, that was in some other business for over a century right?

It’s IBM.

What le freaque?

We all need to be concerned about this level of government sanctioned patent jacking, no matter what field we’re in.

I’ve heard before that if you’re just starting out, and low on funds, paying for your inventory and manpower are more important than filing anything with the government. Now we’ve got fresh, bloody proof that that’s 100% not true.

Your or your company’s intellectual property can be deeded off with a factor no more elaborate than whether the patent office likes your face that day, regardless of what kind of trail you’ve left, and as far as being run into the ground or laid off goes, that’s hardly a non-factor.

This decision represents a higher financial barrier to entry for everyone from Amazon entrepreneurs to realtors daring to use tech as basic as texting in their business.

Yes, literally.

Zillow’s patents, condensed for readability, are on:

Taking panoramic images for 3D walkthroughs

Multi-criteria search engines

And superimposing images scaled for size onto an area of land

Do all of those sound familiar? They should. We’ve been using that tech for years. And Zillow’s no Microsoft.

As always, we’ll have to see how this plays out. But if your New Year’s resolution was to take more bold steps in your business, maybe see if you can patent the idea of putting your picture in your email signature?

Apparently it couldn’t hurt.

You can't spell "Together" without TGOT: That Goth Over There. Staff Writer, April Bingham, is that goth; and she's all about building bridges— both metaphorically between artistry and entrepreneurship, and literally with tools she probably shouldn't be allowed to learn how to use.

Real Estate Corporate

The tables have turned: Zillow being sued for violating antitrust law

(REAL ESTATE CORPORATE) A Vermont real estate company is bringing a lawsuit against Zillow for violating antitrust laws. Will it be enough to slow the real estate giant?

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Pen laying on a document covering antitrust law.

In a shocking upset, a Vermont real estate website is suing Zillow for violating antitrust law. The website, called Picket Fence, alleges that Zillow’s operation in Vermont led to millions in lost revenue, both past and projected.

According to court documents supplied by the state of Vermont, Picket Fence—a for-sale-by-owner business that originated and is located in Vermont—was one of the first significant FSBO businesses in the state. Picket Fence purportedly endeavored to use their services in order to connect private sellers with clients, thus negating the need for an agent or traditional real estate service.

Zillow, by contrast, is a “Foreign Profit Corporation” in Vermont. Since Zillow is located predominantly in Seattle, Washington, their presence in the state of Vermont falls under a different classification than that of Picket Fence.

The court document alleges that Zillow, by providing aggressive competition in a state other than that of its origin, deprived Picket Fence of due revenue. It also alleges that Zillow violated “state and federal consumer and antitrust laws” in addition to a handful of Vermont laws. The document refers to “unfair and deceptive acts” on behalf of Zillow, insinuating that Zillow’s operation in Vermont was damaging to FSBO services like Picket Fence.

While much of Zillow’s purported damage to Picket Fence is projected based on profit estimations from 2017, the fact remains that Zillow used the tactics they have used across the country to monopolize real estate business in Vermont. Picket Fence estimates that this will result in a net loss of over $142 million by 2030, so their case prioritizes monetary recompense.

On a separate note in the document, Picket Fence shows that Zillow’s operation and interference in Vermont prevented local FSBO and other real estate endeavors from taking hold despite the best efforts of Picket Fence. The complaint addresses this issue as another nail in the antitrust violation coffin.

Picket Fence continues to suggest that Zillow’s actions were and are illegal, damaging, and in violation of significant antitrust law. This isn’t surprising given Zillow’s long history of shady activity from patent-grabbing to lengthy court cases designed to crush competitors; it is these exact behaviors that Picket Fence is hoping to address in their complaint.

Zillow, for their part, will have to answer for a lot over the course of the last 12 months. This Vermont case is sure to be one of the first of many attempts to bring the real estate giant to its wobbly, monopoly-seeking knees—and, with any luck, it will be the first successful one.

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Real Estate Corporate

Watch out: Zillow’s terms of service have some sinister notes

(REAL ESTATE CORPORATE) Zillow’s updated terms of service allow them to make a lot of decisions with your data—none of which need your approval.

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Computer searching online open to terms of service page.

Zillow has a bit of a shady record. Between their excessive patent-hoarding and the aggressive nature with which they tend to squash competing services, you wouldn’t be remiss in treating them with caution—especially now that the real estate service is revamping their terms of service with some seemingly sinister changes in mind.

The actual terms of service prove for a lengthy—but recommended—read. However, WAV Group, a real estate consulting service, highlighted a few specific stipulations in the terms of service. If you’re here for the short version, it’s this: Have a lawyer look over the updated terms before agreeing to them if you’re a Zillow user. Otherwise, keep reading for a deep-dive on some of the more concerning aspects of these changes.

Data, regardless of the form in which it appears, should be considered an asset; if you aren’t worried about how Zillow (or other companies in their wake) will use the terms of service to legitimize sending away your information at a moment’s notice, you absolutely should be. To wit, WAV Group also recommends having a lawyer look over Zillow’s privacy policy which, while not on par with the terms of service, also underwent a bit of a redesign.

In a nutshell, Zillow’s updates allow them to use and distribute your data—including information associated with your listings—at their discretion. That sounds pretty standard, but Zillow makes it clear that they aren’t just using your data: They own it. What that means is you can’t repurpose or reuse that data again without specific parameters in place if you want to avoid breaking Zillow’s terms of service.

Zillow is also kind enough to alert you that they will take no responsibility for anything negative that happens as a result of your data use on their behalf, a process which can include unauthorized credit checks, the appropriation and use of your data by third-party services, and all of the downsides that accompany these actions.

So, for example, if Zillow passes along your data to a third-party service that has shaky web security, you can’t hold Zillow accountable for the hand-off regardless of negative repercussions on your end.

Now, you wouldn’t be wrong to want to delete your listing and clear out of Zillow after all of this, but you would be wrong in thinking it’s that simple. According to the new terms of service, you may delete your account, listing, and preferences; you just can’t delete any listing data from Zillow since, upon accepting those terms, your data is their data.

Finally—and, as WAV Group mentions, extremely importantly—Zillow’s new terms of service allow them to claim referral fees on your behalf without accepting any responsibility for potential harm to you, your property, your company, or—you guessed it—your data. This basically means that Zillow can act as a referring agency on your behalf without asking for your consent, which runs the risk of everything from raising your bottom line to risking your privacy.

It’s undeniable that Zillow has a motive here: Recuse themselves of responsibility for reckless and irresponsible behavior. Don’t trust the terms of service like you most likely do with other products here—make sure you have a lawyer (or at least a particularly shrewd second pair of eyes) to look over these terms before you sign any kind of deal with this real estate devil.

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Real Estate Corporate

Are rental companies taking too much advantage of apartment evictions?

(REAL ESTATE CORPORATE) With the convulsing housing market forcing people out of their apartment, massive rental companies are partnering with AirBNB to make up lost profit, and then some.

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As national lockdowns have left Americans feeling confined, the demand for short term rentals remains strong—despite the rampant rental crisis. It’s mighty convenient for corporate landlords and rental companies dealing with a backload of vacancies from recent waves of evictions.

ABC reports that the largest apartment landlord in the country, Greystar Real Estate, is gaining infamy for subletting their vacant apartments online. They manage over 500,000 rental units in the US.

One tenant, interviewed by Eyewitness News, stated they had found their apartment complex on the site, as well as 570 other Greystar properties across the country under the same host. Their landlord hadn’t disclosed these postings to them, either.

Most standard statewide rental contracts strictly forbid tenants from subletting to others through websites like AirBNB. But they don’t necessarily keep landlords from doing the same thing.

And in the absence of rent control laws, nothing stops them from rent gouging to drive their permanent tenants out.

Short term renters who apply for an apartment through AirBNB don’t agree to the same terms as long term renters. The actual residents of these buildings are ultimately held to a stricter standard, and potentially have to put up with more grief.

For example, if the property manager doesn’t intervene when disruptive behavior occurs in an STR, permanent residents are forced to put up with whatever trouble these guests might bring, from noise violations to dangerous activities. Anyone unfortunate enough to be stuck in a lease there is effectively trapped in a would-be hotel with no oversight. Over time, it creates a living environment that drives regular tenants out (meaning more space for overpriced Airbnb units.)

The practice puts disproportionate pressure on tenants that share complexes with temporary renters. And it’s not just unfair—this creates a potential health hazard, too.

Tenants in these buildings are rightfully concerned with the potential health risks of people constantly moving in and out of their building during a pandemic. Each new person passing through could potentially expose the rest of the building to the coronavirus (which is currently raging harder than ever, pushing hospitals to capacity across the country.)

All this stinks suspiciously like a potential violation of the Fair Housing Act to us. Renting an apartment through AirBNB or other rental companies would allow someone to potentially skirt the criteria that a regular applicant would otherwise be held to, and possibly rejected for.

In fairness, there are hosts doing their best to use their resources to help people, too.

Still, taking advantage of people’s desperation in the middle of an unprecedented economic depression is shameful—and AirBNB must take accountability for their role, too.

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