RPR has so far refused to post the text of the RPR MLS Content License Agreement online. RPR’s president Marty Frame said (in a comment to a previous post about the agreement) that he hoped more of the discussion regarding relations between RPR and MLSs “will happen out in the open so that everyone can have the benefit of it.” When I asked Marty to post the agreement, he told me via email that “at this point the only public discussion we see about the agreement is coming from vendors and consultants,” that he’d like to see more debate coming from MLS execs, and that until they are the source of the comments, he’d rather “negotiate contracts as is typically done in private and among businesspeople and their attorneys.”
One of our clients consented to us posting the agreement they received from RPR on our blog. Interestingly, that client did not care to be identified as the source of the copy and wanted to make sure we removed any reference to it before posting. Legally, I suppose we could do that, but I’m concerned about introducing errors in the process of copying the text of the agreement, and consequently, I’d rather not post it.
This is not the only example that I have noted of folks with something to say or discuss regarding RPR who prefer not to be identified as the source of comments. I think this reasonably arises from a tendency by some in the industry to brand those who question or disagree with NAR’s plans as “traitors to the REALTOR blue.” I’ve witnessed some of that first-hand over the years – it is not merely paranoia. This is probably why Marty is not seeing MLS execs or brokers commenting in the public forums as frequently as consultants and advisors.
So, I’ll make an offer to the industry: If you are a broker or MLS exec and want to share a comment about RPR anonymously, please email me, and I can post it as a comment without identifying the source except in general terms (E.g., “From the CEO of a medium-sized MLS” or “From the marketing director of a large regional brokerage firm.”)
Also, in some upcoming posts, I’ll comment on specific provisions of the current version of the agreement, with reference to section numbers, etc. If you are an MLS exec and want to follow along, request a copy of the agreement on the RPR blog (link on the right invites: “MLS: Request Enrollment Package”). If you are a broker, ask your MLS to get you a copy. If you advise MLSs as a consultant or lawyer, ask one of your clients for a copy – as far as I know, they are free to share it with you. If you have a copy and are willing to post it, please do so and let us know so we can link to it from here.
-Brian
7 comments:
I would make that same offer Brian. Anyone who wants to post on AETalk, MLSInformation, MLSTalk, RealTalk, or PresidentsTalk (these opt in lists reach over 2500 industry leaders daily),just send your post to me and I will post it without identifying the author.
Saul Klein
Brian- this RPR deal smells like a huge power grab to me. It purports to fill a need that I have a hard time identifying, and will ask BROKERS to once again give up rights to OUR data for no discernable benefit to us as BROKERS.
I don't blame RPR for not posting the agreement. They are now in competition with First American for the hearts and minds of the MLSs.
RPR is offering free tax rolls but won't promise to stay out of operating an MLS eventually. They may at some point revenue share. They will protect data and only sell a product derived from the data.
First American offers revenue share at a pretty healthy clip if the MLS is willing to sign an exclusive agreement and less of a share if the agreement is not exclusive. First American also will provide some data, including photos (see Brian's discussion on copyright) as well as an AVM and other products. They promise never to compete as an MLS. They are working on their agreement. I wonder if they will allow you to post it?
Seems to me the real discussion is which offer is best for Realtors?
As an MLS Executive I don't have a lot of questions on the fundamentals of RPR. I think Marty and Dale did a good job of stating what it is supposed to be, why they want it, and what it will take to make it work. But speaking for myself I can’t debate or comment on what is rumored to be included or left out of the agreement. Until I have a copy that RPR seriously wants us to consider, there’s nothing to say.
Morning Wes- can you as an MLS executive who has been privy to information I have not seen, explain to me as a brokerage owner "what's in it for me" in one or two brief sentences?
Hi Jeff,
from the demos I've seen the RPR can be viewed as a tool that could possibly be beneficial to your office by providing information in a way that may not be available to you now.
@Saul: Thanks. For those of you not already on one of InternetCrusade’s lists, you can join up by going to www.RealTown.com
@Jeff: I'm hesitant to accept any evaluation of what RPR is offering without more information. The RPR agreement as it currently stands will be inadequate for most MLSs, principally because it does not contain enough detail. But when the detail is present, I imagine many MLSs will find that the value proposition is reasonable. Based on what I’m hearing in the Twitterverse, it sounds like First American will have a competing proposal. There will be much for MLSs and brokers to think about.
@Anonymous: Not just which offer is better for brokers and agents, but whether either is good or both are good. I continue to recommend not jumping to conclusions. As for posting the agreement, it would just simplify the discussion if they would. (I know they would prefer not to, but MLSs and brokers benefit from the open discussion, even if the potential licensees might not always benefit from it.)
@Wes: Agreed.
@Jeff (second): All agents and brokers who are REALTORS will obtain some benefit from RPR if they want it, as the basic system is being provided as a member benefit to REALTORS. If your MLS licenses its data to RPR, the theory is that you get the following additional advantages: Your MLS data will appear on RPR, making both more useful to you; your active listings will be exposed to REALTORS in other MLSs; and your MLS may be able to reduce some costs it currently incurs to provide public records because RPR will supply them. I say these advantages are theoretical, because the RPR agreement does not really spell them out yet.
-Brian
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