NAR appoints critic to MLS Committee
Broker, blogger supports search-engine indexing of listings
By Matt Carter, Thursday, May 28, 2009.The National Association of Realtors has appointed a Phoenix-based broker-owner and blogger who's been critical of NAR's stance on search engines indexing for-sale listings to a committee that's recommended revising the policy.
"I don't know who is crazier, (NAR) for asking me to serve on the Multiple Listing Issues and Policies Committee, or me for accepting their offer," Jay Thompson said on his blog, The Phoenix Real Estate Guy.
At issue is whether NAR's policy governing online listings that brokers share through Internet Data Exchange (IDX) reciprocity agreements give local Realtor boards the authority to require that their members block search engines from indexing other members' listings.
The policy, originally intended to protect listings from being duplicated or "scraped" by third-party listing sites, drew little notice when it was adopted in 2005. But in March, NAR was drawn into a controversy when association staff members ruled that search-engine indexing is tantamount to scraping.
That ruling was cited by the Metropolitan Indianapolis Board of Realtors (MIBOR) in a March 27 cease and desist letter to real estate agent Paula Henry and her broker, Mike Taylor, demanding that they employ "mechanisms or techniques" to prevent other Web sites or search engines "from scraping or reproducing" MIBOR IDX listings. MIBOR said it was acting on a complaint from another broker.
Critics, including Thompson, said NAR's IDX policy was never intended to apply to search engines like Google, which collect information from Web sites and store it in internal databases to make searches faster and more relevant.
"My stance is clear -- search-engine indexing is not evil, it's good for agents and brokers and more importantly real estate consumers," Thompson said on his blog.
Many real estate brokers and agents want search engines to index IDX listings because they believe that will improve their search-engine rankings and make it easier for consumers to find them. Others say it's fine for brokers and agents to make their own listings accessible to search-engine spiders, but that NAR's IDX policy requires them to protect other brokers' listings from "unauthorized use."
After the controversy erupted, NAR paid Henry's and Thompson's expenses to travel to the group's midyear conference in Washington, D.C., to address the association's Multiple Listing Issues and Policies Committee. On May 14, the MLS Committee recommended amending the IDX policy to clarify that brokers may allow search engines to index IDX listings.
But NAR's full board, acting on a motion introduced by MIBOR directors, voted to kick the issue back to a work group for further review. With the MLS Committee and board not scheduled to meet again until November, the existing interpretation of NAR's IDX policy will stand at least until then (see story).
In a biweekly newsletter to member brokers, MIBOR said the language proposed by the MLS Committee "was developed hurriedly and that not enough time had been spent to air the issue and possible implications of such a change among the participants of the listing service."
MIBOR will reconvene its own policy committee to explore possible alternatives, spokeswoman Claire Belby said.
MIBOR and NAR staffers have said it might be hard to reword the IDX policy so that it permits search engines to index IDX listings while still protecting them from unauthorized duplication, or scraping, by third-party sites.
Thompson said NAR deserves credit for offering him a spot on the MLS Committee.
"It says they are at least willing to try to get things right, and this has not always been the case," Thompson wrote.
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Submitted by Joe Loomer on May 28, 2009 - 10:42am.
As a frequent visitor to Jay's website and informative blog entries, I feel a need to stand up here and take issue with your headline.
It seems to be that Jay - a NAR member - is not necessarily a critic of NAR as he is a critic of a policy (or policies) within that organization. When the IDX rule was adopted, the scraping vs indexing issue was probably something only the savviest of the tech geek world would have understood as a snowball about to topple over the edge and begin it's journey (which is still incomplete).
Spend five minutes going over Jay's posts on his site and you'll see this is an articulate advocate for sensible change in many venues - and the MIBOR/Paula Henry debate just happens to be the one under the kleiglights today.
NAR - and it's membership (I am a proud member) - can only benefit from this proactive approach to resolving what at it's core is a pretty stupid issue. Kudos to them on this outstanding decision. I sense a Todd Carpenter working his magic in the smokey, wood-panelled executive penthouse offices where the gray-haired NAR aristocracy sip their brandy - or maybe it was done through email vote.
Even more kudos to Jay for taking the bull by the horns.
Augusta GA Homes
Navy Chief, Navy Pride
Joe Loomer (USN Ret.)
Associate Leadership Council, Growth Chair
Keller Williams Realty Augusta Partners
www.augustalistingexpert.com
jloomer@kw.com
direct: 706-627-2650
Submitted by Jay Thompson on May 28, 2009 - 11:15am.
Well thanks Joe, for that very kind comment.
While I would have preferred a headline like, "NAR Appoints Really Cool Dude to MLS Committee", I think calling me a "critic" is at least somewhat accurate. I've been outspoken about several steps the NAR has taken (or not taken), prior to the MIBOR/IDX debacle. (You don't even want to get me started on the Rose Parade Float thing...)
NAR is full of some *very* good people, many I consider friends. Yes, the policies drive me insane at times, but for the most part, those involved are trying to do the right thing.
I think NAR taking a step like opening a national committee seat to an "outspoken" person like me speaks volumes.
It ought to be interesting!
Jay Thompson
Broker / Owner
Thompson's Realty
Blog: www.PhoenixRealEstateGuy.com
.
Submitted by Doug Francis on May 28, 2009 - 12:42pm.
I find this to be a surprising headline, but I was also surprised to see the process unfold over the past month. The initial blog post, the 200+ comments, the invitation to fly Jay to D.C., his well received presentation (I was there), the NAR decisions and then the follow up letter.
Maybe, just maybe he isn't just another critic.
Doug Francis
RE/MAX Presidential in Fairfax, Virginia
Submitted by Victor Lund on May 28, 2009 - 1:07pm.
Congratulations Jay! You are the right man for the job.
Proceed with caution.
Although Google indexing/scraping may not seem too bad, the new rules cannot be scribed to include a term like "search engines" without defining what a Search Engine is. Barring some search engines, like real estate specific search engines (say Homes and Land) from indexing/scraping data while allowing other search engines like Google to get a free pass may be a legal quagmire of restriction of trade.
This is an awesome topic because there is no easy answer. I look forward to seeing how it shakes out.
Victor Lund
Partner
WAV Group
http://waves.wavgroup.com
http://www.wavgroup.com
Submitted by Greg Robertson on May 28, 2009 - 3:03pm.
For some reason I thought of this quote...
"My father taught me many things here - he taught me in this room. He taught me - keep your friends close but your enemies closer."
- Michael Corleone, in The Godfather Part II (1974)
Good luck Jay! I'm sure you'll do great.
Greg Robertson
W&R Studios
http://Dwellicious.com
Organize, share, and discuss the search for your next home.
Submitted by Paula Henry on May 28, 2009 - 3:07pm.
Jay IS the right "critic" for the job! It will not be an easy task, change is rarely easy.
Victor makes an excellent point; at the same time, by feeding R.com and allowing indexing, while NOT allowing Realtors the same benefit could also be a restriction of trade.
Paula
Submitted by Stefan Swanepoel on May 28, 2009 - 3:30pm.
Good luck Jay. Good luck NAR. And God bless America.
Stefan Swanepoel
Author: Swanepoel TRENDS Report
Submitted by Robert A. Hulme on May 28, 2009 - 3:42pm.
Congratulations Jay, I know you will represent the majority on this issue as well as many other issues that will cross your path. Keep up the good work, you have my support.
Robert A. Hulme
Realtor, GRI, e-PRO
Prudential Utah Real Estate
Loan Officer
Mortgage Xpress
www.UtahBestRate.com
www.UtahCountyRealEstate.us
Submitted by Lenore & Alex Wilkas on May 29, 2009 - 2:57pm.
Jay, you do all of us proud! I, for one, am really pleased to see that NAR is willing to listen to you, and it is through you, that our voices can and will be heard. Had someone asked me a month ago if I'd ever expected to see this happen, I'd have said absolutely "no", but my thought of how proactive NAR is, and hopefully can become, has changed - for the better. You are a major reason for this.
Congratulation on taking on this commitment. It will take up precious time, of which I bet you have little to spare, but it will make change and for that, I thank you in advance.
~~~~~~~~~~~~~~~
Lenore Wilkas
Prudential CA Fine Homes International
www.WilkasGroup.com
www.SanMateoRealEstateNews.com
Submitted by Matt Carter on June 12, 2009 - 4:00pm.
Arizona MLS has come out in favor of "a change in NAR’s interpretation of scraping and indexing," saying current stance puts "members at a distinct and serious competitive disadvantage."