Last week on Agent Genius, I joined a thorough discussion on why NAR ruled to shut down an IDX solution because a web server could not tell the difference between Google and a scraper site. This happened when Paula Henry‘s “website was reported for allowing the MLS data on my website to be indexed, which led the Indianapolis Metropolitan Board of REALTORS®, (MIBOR), to issue a cease and desist letter to my broker for both our sites, or they would cut our feed”
Our National Association of REALTORS® (NAR) Internet Data Exchange (IDX) policy is to give listing brokers a method to consent to the display of their listings by other participants on those participants’ websites. Absent the listing broker’s consent, advertising (whether on websites or otherwise) of their listings by other brokers is prohibited by the REALTORS® Code of Ethics and by the license laws of many states.
When the IDX policy was revised in May 2005, the following provision was added: “Participants must protect IDX information from misappropriation by employing reasonable efforts to monitor and to prevent ’scraping’ or other unauthorized accessing, reproduction, or use of the MLS database.”
Questions have arisen about the scope of the requirement that IDX site operators protect the listings of other participants displayed on their IDX sites from “scraping”. Specifically, whether the policy distinguishes between “bad” scraping and what is considered to be “good” indexing. The Center for REALTOR® Technology (”CRT”) advised that while the intent of “scrapers” may be malicious, and the intent of “indexers” good, the two practices from the Web server’s view appear to be the same. Consequently, NAR staff responded to questioners that the requirement to prevent scraping includes indexing.
Attention Vann Johnson
As the State of Georgia’s sole representative next week at the NAR Mid Year – MLS Policy Meeting, this ruling has far reaching consequences and should be reversed immediately.
- Indexing by Search Engines is NOT scraping. Search Engines link back to the source site and drive consumers to the site. In contrast, the anti-scraping IDX policy is to prevent someone from stealing the content to present it as their own. These are very different results.
- Treating Search Engines as scrapers under the IDX policy puts broker and agent sites at a serious disadvantage on the web compared to sites like Zillow, Trulia and Realtor.com not subject to the IDX rules.
- The local Association reached their conclusion based on advice from NAR and so NAR’s MLS Policy Committee should clarify this advice immediately for other local Associations facing similar issues.
- The Committee should clarify that Search Engines are not a scrapers.
- If that clarification cannot be issued immediately, the MLS Policy Committee should state that local Associations are free to interpret the term scraping as they see best and does not, at this time, have a final position on the issue.
Maybe we should just delete the rule altogether? Rules/laws are in place to protect the innocent and this one seems to punish those who are doing things right. As REALTORS, we have codes of ethics and the ability to file complaints & grievances if other members behave badly. Why bog us down with minutia of technical detail about web servers? NAR should just empower the members to sell real estate with as little difficulty adhering to rules as possible. It just doesn’t make sense to constrict our members when 3rd parties do not have to follow the same silly rulebook. We should broaden our scope when writing policies.
Agent Genius shares what you can do Now
- Read the thread of comments to the post for suggestions (some are as follows)
- Bring this post to the attention of your local board leaders
- Email, blog to fellow Realtors with this link and ask them to weigh in with their thoughts
- Call MIBOR and ask them to reverse or suspend actions until NAR can fully weigh their decision on ’scraping’ – MIBOR CEO Stephen J Sullivan (317) 956-5000 x237 or email here stevesullivan@mibor.com (be professional)
- Email Cliff Niersbach cniersbach@realtors.org and politely ask Cliff to please reconsider the Google is a scraper issue.
- Go to DC if you can and attend the committee hearing on this issue to lend support.
- Have a look at local issues in committees now locally and get on committees that you feel you can add expertise that is forward thinking- help them!
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