I don't think Zillow had much of a case before, but this certainly makes it clear that they will not be able to scare McMansion Hell into submission. Zillow, if they want to achieve an outcome they want, will have to press this in court where they will likely lose.
Curious to see the response from Zillow here, though I've already created my Red Fin account and will likely not bother to go back to Zillow.
But seriously, she won the most important thing: Her entire existing body of work is going to remain available.
Even in the worst case scenario, the internet was going to keep Wagner's original celebrated body of work available.
I dislike the idea that Zillow's legal goons can now guarantee Zillow's sellers that their photos won't be subject to mockery by McMansion Hell.
"(ii) delete all images, and derivatives thereof, in Your possession and on Your site"
As Kate noted in her twitter feed, the decision to not use them in the future was hers:
https://twitter.com/mcmansionhell/status/880517699725668352
https://twitter.com/mcmansionhell/status/880517699725668352
The Innertubes may have kept her originals around, but being forced to delete them would have destroyed the value to her of a year of pretty concerted work on it. That would have acted as a very strong deterrent to speech.