Zillow: CoStar copyright suit is a ‘misuse’ of the law
In a letter asking the court to transfer the case, Zillow says the lawsuit over listing photos is a “calculated attempt” by CoStar to “weaponize” litigation.
Zillow is using a change of venue request to fire back at CoStar and its lawsuit over photo usage, saying the company is trying "to weaponize copyright litigation for competitive pressure, consistent with its history of filing suits against industry rivals."
The filing roughly coincided with a news release CoStar distributed to media outlets that alleged Zillow was "brazenly" continuing copyright violations.
How things started: The dueling accusations are related to a July 30 lawsuit CoStar filed against Zillow claiming the portal and two of its owned sites — Trulia and HotPads — as well as its syndication partners were using more than 46,000 CoStar images without permission, primarily for multifamily rental listings.
Zillow's latest request: In its Sept. 29 filing, Zillow asked the judge overseeing the case for a pre-motion conference to transfer the lawsuit from the Southern District of New York to the U.S. District Court for the Western District of Washington.
The filing, written by attorney Jamie Levitt, said the case should be heard in Seattle because the majority of Zillow witnesses are in Seattle and that CoStar, based in Virginia, has no connection with the Southern District of New York.
A 'misuse' of the law: In addition to the more procedural request, the letter to Judge Edgardo Ramos contained a few swipes at the lawsuit itself, calling it "nothing more than a calculated attempt to misuse copyright law to sideline Zillow and lock in CoStar's control."
The filing also noted that the photos were provided by customers who attest that they have a right to grant Zillow a license for their use, and that company policy allows copyright owners to request they be taken down.
"Rather than use this system, CoStar chose to shift the burden to the courts and file the instant suit without prior notice to Zillow. CoStar has not adequately pleaded its claims and Zillow will seek a pre-motion conference on a motion to dismiss," the filing stated.
What CoStar had to say: CoStar claims that in the two months since filing its initial lawsuit, Zillow has yet to remove about 8,000 photos and has also displayed 4,618 additional images.
"The truth is simple: Zillow used our watermarked images, it profited, and — stunningly — it has kept doing it," CoStar Group General Counsel Gene Boxer said in the release. "Rather than learn its lesson, it doubled down, and the infringement scheme got even larger. We look forward to holding Zillow to account."
Real Estate News has reached out to Zillow and CoStar for additional comment.