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LegalMatterport Ecosystem

And so it begins... first Ecospace casualty6467

immersivespaces private msg quote post Address this user
Just received this email from a major brokerage house that I have been working with for years. I received permission from her to share this so long as I redacted her name and the brokerage name. This is a very large company that sells ultra-luxury real estate around the world, and one of my best clients:

Hi Adrian,

We were recently made aware of the changes being made to the service agreement with Matterport in regard to the virtual tours you have produced for us. As you know, our client's confidentiality is an extremely important consideration when listing homes in a closed market. We do not provide links to our virtual tours on any MLS or other public services that may expose our clients to potential violations of their privacy. It was this strict confidentiality that you have maintained with our VIP clients that permitted us to use the virtual tour services in the first place. Your company has been exemplary in upholding our confidentiality agreements and restrictions, and we thank you for it.

That being said, after some in-depth discussion with our legal department, and a long look at the impact of the new Matterport Terms of Service, we have decided that we can no longer use the 3D virtual tours created with the Matterport service. Regrettably, we will need to immediately cancel any scheduled scanning appointments while we look into our legal options to protect the privacy of our clients. We also request that you immediately remove any Matterport virtual tours that are currently active for any of our agents.

We completely understand that this is something that is out of your control and we look forward to a continued relationship with your company to provide us with photography, drone and other marketing services. Please let us know as soon as you have come up with a replacement service for the virtual tours and we will be happy to have you provide them for us. We are all a little taken back by some of the things our attorney found in the new agreement and are ourselves preparing a legal response. You will likely see an official response from XXXXXXXXXX corporate in the coming weeks. We wanted you to know that we do not hold you or your company responsible for the unethical actions of Matterport.

XXXXXXXX
Vice-President
XXXXXXXXXX Real Estate Palm Beach
Post 1 IP   flag post
HarlanHambright private msg quote post Address this user
EEEK.
Im doing lots of work for our local Sotheby's, Berkshire Hath, plus a private exclusive company. This would ground me. It's hard enough getting some folks to let their property be shown under the old terms.
Post 2 IP   flag post
immersivespaces private msg quote post Address this user
@HarlanHambright Yeah, I do a lot of work for the same brokers here as well. I'm sure I'll have a busy Monday on the phone with everyone. It took me forever to convince them to use virtual tours... so now I have to tell them not to.
Post 3 IP   flag post
TheChief private msg quote post Address this user
Be sure to thank the sea lawyers and idiots reporting to Inman before the dust was settled and before anyone with any actual legal knowledge reviewing the material. Because as much as the ToS issues are grey, the idiots spouting off didn't help the matter.
Post 4 IP   flag post
immersivespaces private msg quote post Address this user
Sunday Feels... another one...

I haven't even talked to any of my clients about this yet... they are all hearing about it from the Inman article:

Adrian, can we cancel our appointment for tomorrow? Not sure if my broker wants to continue using matterport tours at this point. Call me and we can discuss our past scans and what we need to do. -Ann
Post 5 IP   flag post
immersivespaces private msg quote post Address this user
And another:

Adrian:

Am I assuming you have seen this? What does this mean for the work you have done for us already? Are our clients at risk here?

https://www.inman.com/2018/02/23/matterport-releases-new-terms-of-service-retains-right-to-share-3-d-home-tours/

Please call me ASAP. I'm very concerned.

Geoff
Post 6 IP   flag post
Gerhard private msg quote post Address this user
@immersivespaces can you post the whole article please
Post 7 IP   flag post
immersivespaces private msg quote post Address this user
@Gerhard The full article is posted here:

https://oregon.wfgnationaltitle.com/2018/02/23/matterport-releases-new-terms-of-service-retains-right-to-share-3-d-home-tours/
Post 8 IP   flag post
Gerhard private msg quote post Address this user
@immersivespaces thank you. That article says it all. I don't know why it so hard to understand what is going on? Thye quoted Matterports comments on this. Monday is going to be a very interesting day. As I have a new brokerage that has partnered exclusively with me and we were working on some cool new ideas. This deal has taken 3 months to get to this point. so I hope this can be sorted out very quickly. The problem I have is they are not looking at Matterport but at me as a service provider so its my business that suffers first.
Post 9 IP   flag post
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Las Vegas
VTLV private msg quote post Address this user
A guy in Utah posted the same blanket email over on MOUG getting people rallied up who thought it was his story.
Post 10 IP   flag post
HarlanHambright private msg quote post Address this user
I predict that MP modifies the new ToS to respect homeowner privacy and to comply with models shot under the old ToS.
Post 11 IP   flag post
104372 11 11
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