Principle 3

3. Use of MLS data and its distribution to third parties should be controlled by the brokers who provide the data.

We believe that a listing represents intellectual capital and that the process of creating a listing is a value-enhancing activity. Brokers entering into an exclusive agreement with sellers accept the responsibility for marketing the property and should have control over distribution of the listing data. The rampant and uncontrolled dissemination of valuable listing information on the Internet has increased the cost of doing business and devalued the role of the agent and broker in this process.

This is going to be short and not so sweet. It's a history lesson with a guest performance by the horse that left the stable and the corral long ago. Not sure what they mean by intellectual capital. Creating a listing is a value enhancing activity? Enhancing the value of what? Initial state is that there is no listing. An agreement is signed with a seller and a listing is created by gathering data, most of which is in the public domain already. Photos and ad copy represent creative content (Copyright eligible--unless rights are given up to MLS--if they can be, when the Broker isn't the photographer and there's no transfer of rights) that add value to the listing in terms of marketing strength, but intellectual capital?  Delusional grandeur ring a bell?  

Brokers should have control of their listing data? They should, but they gave that up years ago and it's not coming back. The national trade association started a public website that paved the way. Pandora's box opened and no one is going to put the intellectual property back inside. Data wants to be free--and it will remain free. Data is cheap, wisdom is  priceless. Real estate gave up data and continues to fall short of wisdom. Maybe giving up data wasn't a good plan unless there is a plan for another layer of value added service?

The final sentence just whines. WAAAAA! Don't see how the cost of business goes up, but the part about roles being devalued by data leakage is only true if the roles are limited to distribution of data that is generally available from multiple sources. The state and national trade organizations were present as all this horrible stuff took place--and how did the state association react? Several years later they (still don't know who "they" are) crafted these amazingly obtuse 6 Principles. Several more years later they attempt a statewide MLS using the obtuse Principles as a springboard. 


How's that working out in the real world away from the Kool Aide bowl?