Was MIBOR's Ruling Asinine?

by Tony Sena on May 7, 2009

Not sure if you have noticed the discussion going on over at Agent Genius but I will give you a brief summary of what is taking place.  It appears the Indianapolis Metropolitan Board of REALTORS®, MIBOR had a complaint filed by one it’s members stating that a particular broker was allowing the IDX data on his website to be indexed by Google.  After reviewing their policy on this issue, MIBOR sent out a cease and desist letter to the broker.

According to Agent Genius, “MIBOR classifies Google as a scraper site and therefore, I am allowing Google to scrape or reproduce the MLS data from my site.  This interpretation is supported by the National Association of REALTORS®, based on the MIBOR’s listing service rules and regulations.”

Section 15.2.2  – participants must protect IDX information from misappropriation by employing reasonable efforts to monitor and prevent “scraping” or other unauthorized accessing, reproduction, or use of the BLC database

The fact that MIBOR classifies Google as a scraper site and NAR supports their ruling is completely asinine to me.  Who in the right mind would call Google a scraper site.  Google is a search engine that indexes information, period.

The scary part about all this is the fact that if it can happen in Indianapolis it can happen anywhere which ultimately affects all of us.  Why is this such a big deal?  For one, if we cannot allow the search engines to index the listing data supplied by our websites, that means sites like Realtor.com, Trulia, Zillow, etc… will be the only sites that will have indexable data pertaining to listings.  This ruling just made those sites that much stronger and even a bigger competitor to us, the little guys.

NAR’s mission is “to help its members become more profitable and successful.” I might be a little cynical, but I just don’t see NAR holding true to it’s mission statement.  We need to have our voice heard and maybe just maybe we can start seeing some changes for the betterment of all Realtors.

If you want your voice to be heard, send your suggestion to the MLS Issues & Policies Committee in care of Cliff Niersbach (cniersbach@realtors.org) with NAR.

Other places this is being discussed on the web:

REW
Active Rain

{ 2 trackbacks }

NAR Responds in DC | GeekEstate Blog - Real Estate Technology News and Analysis for Real Estate Professionals
May 14, 2009 at 3:32 pm
The Power of Social Media
May 22, 2009 at 8:27 pm

{ 3 comments… read them below or add one }

Eric Blackwell May 8, 2009 at 6:22 am

Bernie-
In my opinion, Tony is 100% right. This is something that NAR members NEED to raise their voices on. if this was to happen nationally and be applied the way that MIBOR has, the consequences would be NOT GOOD for REALTORS as a whole.

Many of the longtail search terms that LOTS of folks search for would now be only accessible on Google or other search engines by third party lead aggregator sites. (They do not HAVE to abide by NAR rulings.) The problem with this is not how they are functioning now…it is how they would function then.

It would be EASY for them to monetize their sites by charging REALTORS either via referral fee or straight up.

HUGE problem in my view.

Tony, will be dropping you a link from my post on the subject here shortly.

best

Eric

Paula Henry May 9, 2009 at 5:25 pm

Tony – Thank you for continuing to tell REALTORS about this travesty which is designed to take the data we have worked hard to obatin and relinquish to the everyone, except REALTORS. I am carrying my conviction to Washington on behalf of all REALTORS. The logic behind the interpretation of the rule renders the MLS data useless to REALTORS while giving almost anyone else with a real estate site the data to disect, disseminate and use to make us pay for the leads generated by our work.

REALTORS are bound by our COE and MLS rules to ensure the data which is delievered from our sites is accurate and untampered with. The IDX companies have an agreement with our local boards to protect the data and take reasonable precautions to prevent access to the data. Third party aggregators are NOT bound by the same rules.

Tony Sena May 9, 2009 at 6:29 pm

Paula,

I am just glad to see we have someone like you and Jay Thompson that will be speaking on behalf of all REALTORS. This is a very important issue and we as a group have to make our voice heard. It’s obvious when we work together as one, it forces NAR to listen, case in point, they are flying you and Jay to D.C.

Good luck and keep us informed :)

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