Ask HN: Zillow is trying to acquire my app + domain for "a couple hundred bucks", advice?

145 points by auston ↗ HN
So, I might get razzed for this - but I figured I'd come to a place where I would receive useful insight on my situation.

Dilemna

Zillow wants to buy the domain that a website (optimized for iPhone which uses their API) I've created resides on for literally "a couple hundred bucks".

This seems like an easy way to take advantage of the work I've put in to building the domain/ranking.

Additionally, they've threatened to cut of API access if I do not comply with their wishes.

Data

It's located at http://izillow.net

Since launch the site has received ~50,000 visitors + links from techcrunch, apple, google (appengine) and numerous blogs + recognition in the New York Times.

(also ~90k pageviews)

It's in compliance with Zillow's TOS & they've threatened to cut of API access if I do not comply with their wishes.

History

Last year in May I created an iPhone interface for Zillow's "zestimator" - it was all fun and games, got a little bit of blog coverage/mentions & an overall good response. Zillow seemed to be all for it.

Then the New York Times included it in one of it's articles - and Zillow asked me to very simply put the words "unofficial version" and a link at the bottom of the app.

No problem. Done.

Now

Zillow has launched their own iPhone app (which rocks) - but wants me to take down mine and hand over the domain for "a couple hundred bucks".

I dont feel this is fair and they're trying to stiff me with a measely $250. What would you do? What do you suggest? What are your thoughts?

124 comments

[ 3.1 ms ] story [ 212 ms ] thread
I don't have experience with this, but I would say that if the site is successful enough, hold out until they serve you with something real--either a lawsuit or a more serious offer.
It isn't. If they e-mailed you that they didn't have a problem with it and their API is still accessible there's nothing they can do about it.

It's obvious that since they now have their own iphone app they want yours down, or merged into theirs. You're basically a competitor. And they're trying to buy you out. And their tactic seems fairly obvious: "let's see if we can get the guy to hand ot over for a couple of hundred bucks, if it works fine if it doesn't we'll have to get into real negotiations"

Now you've got to play the negotiation game...

Note: This is just my opinion, and it could of course easily be wrong.

You put the disclaimer at the end so I won't critcize but what you're giving is bad advice. I quote from the Zillow API Terms of Use...

================================================

Acceptable Use. You agree not to use the Zillow API, Zillow Data, or Zillow Brand & Links in any way that is unlawful, or harms Zillow.com, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 10 below, Zillow.com may terminate your use of the Zillow API, Zillow Data and Zillow Brand & Links if and when Zillow.com determines that your use is inappropriate.

================================================

So there is something they can do. Blocking API calls is painfully easy and they've outlined their right to ban anyone they consider to be doing harm to them (which a competitor would clearly qualify as).

To Auston: I do agree that $250 is a really low bid and you might want to engage in a little friendly negotiation but in doing so realize they don't have to give you anything. So when choosing a tactic I'd avoid the hard negotiation and instead try to "charm" more money out of them.

Excellent catch - glad I put the disclaimer in :-)

And you're right, my bad.

Fair enough, but Zillow can't be the only company out there. I'd go looking for a competitor of theirs and access the competing APIs if they cut off his access to their service.
Zillow owns the trademark and can still take down his site legally, I believe.
Can he legally redirect to his new site?
If they have an open documented API and you are using it, then I would stand your ground. What are those 90k pageviews worth to them? What are they worth to you? I imagine they're worth more than a few hundred bucks to you.

How many hours have you put in?

Negotiate a better price. If you can't agree on a price and Zillow cuts you off spread the word about that fact.
Tangurena/micks56 provide extremely useful tactical information. But that information does not change my point. The objective is still to raise the $250 number. The strategy is still negotiation. Disclosure of bullying to the world at large is still an available tool.

The trademark/cybersquatting issues increase complexity of that negotiation moving it more towards the realm of a legal rather than a business negotiation. Some additional legal research/advice is probably needed.

So you are using their API for your app. I assume their TOS allows them the ability to turn off service for you at their discretion.

If that is the case you don't have any legal recourse regarding the API. I would certainly not give up the domain for chump change, and would look at a different source for your data.

I would also look into any copyright issues, but selling for a small amount is absolutely not worth it to you. I would hold onto it just out of principle at this point.

(comment deleted)
(reply to deleted discussion about race)

Not comparable. They can't discriminate based on several protected attributes (race/religion/etc), but they can discriminate for any other reason, even "I don't like him" or "using our trademark in his domain name". This is why a bar can throw you out for being a jerk but not for being black.

As others have noted you do have some power to damage them in the opinion of the world (well, the opinion of a few thousand geeks who even know what Zillow is).

It's a standard tactic to threaten and lowball. If you care enough, hardball back.

Others may be interested in buying the domain as well, now that it's known that Zillow has their eyes on it.

Keep spreading that info around. Maybe the best offer will come from elsewhere.

Launching a Zillow competitor named "iZillow" and using a different data source is a violation of the trademark.
You're in negotiations (They offered, didn't demand). Counter with an offer of $X0,000. Divide and conquer from there.
Threatening to cut off his API access if he doesn't acquiesce sounds, to me, more like "demand" than "offer".

To the OP: looking at the pulse of just this thread, don't underestimate the size of the PR shit-storm they'd set off by strong-arming you out of the way. Try to help them understand that.

I'll correct my statement. They're in intense negotiations.
Nice ... he should counter with an 'offer' to put suggestive pictures of not so attractive females in his app. We all know how THAT goes over in the geek community.
No. Youre being suckered to try and enter into negotiations. If you counter offer to a point it is cheaper for them to put a lawyer into the mix, you will face accusations of trying to profit - and by all precedent lose the lot. Cut and run is the only advise that will get you out with more money in your pocket than you have today.
Well posting here is a good step and even better if high profile blogs/sites picks this up. Such may force their hand and offer you a better deal.

Though looking at it from another perspective and the site's current rankings on the web and you using their name in your app might not be much you can do. You might want to consult with a IP lawyer!

$250 is certainly a lowball but their registered trademark for Zillow gives them almost infinite leverage. They can just take your domain if they want to. The sweet spot price is just below what it will cost to sue you for trademark infringement. I'd hope for $5k.

Also, www.izillow.net goes to a different site than izillow.net.

The thing is, they let him use their site for a while. They even opened a line of communication with him and requested that he include "Unofficial Version" on the site. Their only communication to the poster should have been to stop using their trademark. The fact that they endorsed the site and didn't protect their trademark puts them in a bad spot if they try to leverage their trademark in any way.
The domain itself may be worth a couple hundred bucks, but your app and the time you put into it is worth much more, so you're on solid footing negotiating a better deal.

It would be a PR nightmare for them to just pull the plug on you.

Tell them you want a job at Zillow for $150k/year. You win, and they don't give in to your negotiations.
... with a guaranteed 2 year contract. (since it's not worth much to be hired if you're then fired after a month)
A full-time job? Sounds more like punishment than a prize. Mental freedom is worth more than $150k/yr.
So, they're definitely giving you the short end of the stick. It's unfair. It's terrible. But there might be nothing you can do about it.

Most sites with an API have in their API agreement that they can cut you off at anytime with or without reason. Zillow states:

Zillow.com may change, suspend or discontinue the Zillow API and suspend or terminate your use of the Zillow API, Zillow Data, and/or Zillow Brand & Links at any time for any reason, without notice.

They've decided that you were great when you were adding value to them, but now you're a competitor and they're going to shut you down. This is the unfortunate circumstance of relying on services that can change their terms at any time.

I don't agree with the extent that RMS takes the free software argument all the time, but when he talks about cloud computing, this is what he's talking about. Providers are saying, "Don't worry. Leave everything to us. It will be nice and you don't have to maintain anything." It also means that you have no recourse when they decide to change their terms. You become beholden to them and their good graces - sounds like a feudal relationship in a way. Cross your lord and you'll live to regret it.

Really, the worst you can do to them is get them a lot of bad press. Maybe that will swing the power to your side - "attention developers: zillow will just cut you off from their API if they see you as competition." Might make Zillow more amenable to paying you a little more. Lots of sites would jump on publishing such a thing. The FSF or other FOSS advocates might write up stuff as a "warning: don't let this happen to you" about cloud computing. Zillow, I'm sure, would like to avoid their name in that mess - probably to the tune of more money than they're offering now.

Just remember. Enemies threaten; friends warn. Be very nice with Zillow and kinda casually mention that you think you might pitch TechCrunch on the idea of a story about the situation - cutting off API access and all. Remember, you're happy to sell and not mad at them, but that they might not come off looking so nice in the press at $250.

<blockquote>Be very nice with Zillow and kinda casually mention that you think you might pitch TechCrunch on the idea of a story about the situation - cutting off API access and all. Remember, you're happy to sell and not mad at them, but that they might not come off looking so nice in the press at $250.</blockquote>

By posting everything about the situation on HN, isnt it possible that somebody has already caught wind of the story :).

In my opinion the domain alone is easily worth a couple thousand dollars.
Since the domain is "izillow" and it's playing off your knowledge of zillow, it seems like zillow could get the domain legally if they wanted to spend the effort.
Unless he puts something else up on the site. If they give him enough grief, he could easily stop referring to the Zillow service and put up something unrelated. Depending on how bad the negotiations go, the owner could be quite creative in what he posts up on the site.
Without knowing the other side of the story, without getting into the legalities or ethics of them cutting of API access like you say they are and going only on what you've said I would refuse them... easy. $250 is an insult, not an offer. Turn it down.
I would say that if they pursue a legal option it will cost them no less than $5-10K. Thus your minimum price should be about $15K. If they cut you off, figure out what competitor they might not want traffic to go to and set a landing page to point to them.

I would suggest you talk to an actual lawyer and see if you can get them on strong-arm tactics or anti-competitive practices.

I'll give you $275.
(comment deleted)
$500.

Maybe we'll have an auction here in the comments? Of course, the later bids will take longer to show up with the new reply rules.

At least the poster can tell them he has better offers.

(comment deleted)
Play hardball and counteroffer with a higher #. Worst case scenario they'll try to take the domain by force, so you'll be out $250. Best case scenario, you'll get a larger payout.
What I would do is counter with some reasonable offer to show you're willing to play ball for the reasons below.

IANAL but I seem to remember in my business law class that even if my last name was "macdonald" in US courts I would have trouble keeping "macdonalds.com" because of trademark issues. I imagine the same would be true for izillow.com. On top of which, as other posters have mentioned, their Terms of Service likely gives them the right to cut you off at any time. Your leverage is low.

For them it is a business decision where they would rather avoid legal expense and bad PR.

Keeping in mind that the lower of legal fees + PR damage or the dollar value in harm your app does to their brand and sales sets the upper bound for what they would likely pay.

If the site is getting about 2500 visitors a month, I would probably respond mentioning how much work and time you put into it, and emphasizing that you want to work with them on this, then ask for $4,000.

Disclaimer: Please don't take my (or anyone's) advice at face value without spending some serious time considering the best option for you.

I can't help but think there's something you aren't telling us, otherwise they've made a colossal error.

Let's look at your absolute worst case scenario. They cut off your API, put you completely out business, and end your app. Let's look at what they are offering you: $250. The worst case scenario + $250. What, exactly, do you have to lose, by rejecting their offer? $250. Put another way: nothing. Absolutely, nothing.

What is their worst case scenario? That you, oh I don't know, post around to bunch of places like Hacker News that they basically strong-armed you mafia style to shut down. Word spreads through dev circles that they are basically screwing their devs and abusing the trust of the dev community. They have to do all kinds of PR damage control.

The entire point of an open API is to attract devs to help spread your brand. If they want to turn around and start screwing the very people who help them, they'll find that dev pool dry very, very quickly.

In other words, the position they've put you in, you have virtually nothing to lose, and they have quite a bit. I'd respond accordingly. Save all their emails. Start working on the "zillow.com screws devs" website. Name your price, and tell them for both your sake, they should accept.

Worst case for zillow:

Since launch the site has received ~50,000 visitors + links from techcrunch, apple, google (appengine) and numerous blogs + recognition in the New York Times.

They let a well known company uses izillow for a while so they may have lost their trade mark by failing to defend it.

PS: It's a huge risk for company's to let others use their brands without defending them. They can get him to change the name or license the use of iZillow, but doing nothing is a really bad idea for them.

Since they where in contact with the app author and asked him to make a remedy to the issue (tagging it with 'unofficial version') they have effectively defended the trademark. Defense of trademark doesn't mean you have to prevent others from using it, but rather that you have to show that you are taking steps to control it to prevent it from running into the general venacular.

Also to lose the trademark your going to have to show that it's become a common synonym for a particular category (think Kleenex instead of tissue). Zillow is a LONG ways from that.

I like this. At the worst, they'll probably back off. I would if I were them.

I'd also be sure to get in contact with Zillow's CEO over this. I wouldn't be surprised if the guys at the top have no idea these shenanigans are going on.

I disagree. I think they're intentionally lowballing the OP order to abuse the AntiCybersquatting act to screw them into the ground.

http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft

http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Pro...

Bingo.

Negotiating shows bad faith and the would-be purchaser gets the domain for free, almost instantly.

Negotiation is the absolute worst possible thing to do in a situation like this.

How much does filing a lawsuit cost, along with the associated attorneys fees? Probably a whole lot more than a few thousand dollars.
A UDRP or ACPA dispute costs nothing, or next to nothing. These are administrative provisions used to protect against domain squatting.

The so-called purchaser files a motion with the registrar, registrar reviews, and takes your domain. This is all before the courts get involved. No attorney fees or court costs required.

What's your advice? Take the $250 and ....

Telling them to piss off and launching a counter-pr-offensive seems like his best route.

Accepting a purchase offer also shows bad faith. Basically it shows that the domain owner just wants to make money selling the domain to an entity that owns the trademark.

[Edited: Best Course of Action? Talk to a Lawyer.]

Definitely, it's an absurdly low amount for an important domain name, but at the same time they could probably win it in court without much trouble, I'd think.
It would cost them thousands of dollars to win the domain in court. Which means he can probably get ... thousands of dollars from them instead of an insulting $250.

Maybe he should sell it on SitePoint? (the PR comes free!)

This would make sense if he wasn't using their brand name in the domain name. It's not so much that he's got a competing application as it is that he's piggybacking on their branding by using a domain name that's different from their trademarked name by a single letter in front. I'd say he's pretty clearly in wrong on that point and they're being very cool about the whole situation. Plenty of other companies would start things off with a cease and desist. Instead of paying the lawyers to print a nastygram on firm letterhead they've offered him a little money and tried to make things easy.
I would consider the creative approach of immediately changing izillow.net to a rallying cry.
This is TERRIBLE UNETHICAL business practice

1) Determine a fair price 2) If they insist on being AS ridiculous like cutting off YOUR API access... - Prepare a Twitter / Blog campaign (#zillowfail) - Get the NYtimes reporter aware of this. They will listen to you if your email subject is "Unethical, unfair behavior from Zillow" 3) Negotiate further.

The HN hacker/Twitter community will help out. This is ridiculous

> Determine a fair price

That term has no definition.

Instead "determine a price that you can live with and they would rather pay than go with their second best plan".

He's using their brand without permission :/ I agree that is a Terrible unethical business practice.
Oh come on - why seek to hurt/destroy a viable business in these dark days just because you personally don't like how you're treated?

Determine a fair value for your work and negotiate. It's a shame they opened with a low-ball offer backed by a threat (if this is truly how this all unfolded), but be the bigger man here and forge some cooperation! Maybe then they can learn a lesson about dealing with API devs without first seeing them scared off by a personal vendetta campaign

All that scorched-earth stuff is a backup plan, so the power in the negotiations isn't completely one-sided. It's good to have leverage.
They have literally stolen your idea and are now trying to pretend you never existed by stealing your identity, you're obviously worth a lot more than $250
Here are some ideas:

1. Use the publicity that this controversy generates to drive traffic to your new site. Since you already have the software: you could set it up on a different domain. Then as this story spreads use it to get page views to the new domain. Publicity like this is the best thing that could happen to a small site.

2. Offer to sell Zillow your software. You can sell them the domain for $250 and then change them 10k or 100k for your software. Or could you customize your software to suit some particular need that they had? As someone else mentioned you could offer to work for them -- if they hire you they won't have to wait till you ramped up on the API.

I think the general consensus here is to enter into a friendly negotiation. First rule of Negotiation 101 is to not accept the first offer. So given your history with them, state your grounds for why you feel your site deserves more than just a "couple hundred" bucks.
It's an interesting scenario, as several people have pointed out: In one sense they have supreme leverage in that they have power over the API etc. At the same time, they have a reputation/brand to protect (damage to which could cost a whole lot more than $250). They've clearly come on strong, adding the threat of discontinuing your access to the API as a pressure cooker.

Ignoring the artificial pressure that they've added, what real incentive is there to accept this deal straight off? $250 isn't a game-changer -- Zillow knows that too. Fight for what you think it's worth.

$250 is absolutely a game changer in another sense, though. They can use his acceptance of payment to show that he is (arguably) making money off of their trademark.
I'd say $250 is a reasonable price for a successful app. Per hour, that is.

Let V be the fair value of your application. Come back with V^2/250. Now the geometric mean of your numbers is the fair value of the app. You're starting from a number that's no more ridiculous from where they started.

They're actually valuing your app at zero (because they consider theirs to be infinitely better and arrogantly expect to crush you) and the domain at $250, both of which valuations are so low as to be insults.

I concur with the other posters that, if they cut you off from their API, you should spread the word far and wide of what happened.