Category : Major Real Estate Portals

Artificial Intelligence Bots Data Licensing Major Real Estate Portals MLS (Multiple Listing Service) Risk Management

Is Data Scraping Legal?

Is Data Scraping Legal?

The question of Data Scraping has been a controversial issue for a long time. The year 2017 witnessed several important developments focused on interpretations of the Computer Fraud and Abuse Act (CFAA) in separate cases involving Craigslist and Linkedin.

What is Data Scraping? Also known as Web Scraping, it is the automated method for extracting large amounts of data from a website, often through the use of Bots.
https://en.wikipedia.org/wiki/Data_scraping

One of the weapons used against Data Scraping is the Computer Fraud and Abuse Act (CFAA), a federal cybersecurity law enacted in 1986 as an amendment to existing computer fraud law (18 U.S.C. Sec. 1030) which had been included in the Comprehensive Crime Control Act of 1984. The CFAA prohibits accessing a computer without authorization, or in excess of authorization if any. It is designed to protect private password mainframe computers.
https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act

In Craigslist, Inc v. Instamotor, Inc, Craigslist claimed that Instamotor scraped Craigslist content to create listings on its own service and sent unsolicited emails to Craigslist users for promotional purposes to sell used cars. Craigslist has become very aggressive in pursuing claims against hackers based on breach of contract (terms of service TOS), violation of the CFAA, and the CAN-SPAM Act (disguised emails).

The case settled in favor of Craigslist for $31 million in a Stipulated Judgment and Permanent Injunction Aug. 3, 2017.
https://bit.ly/2HwzmJF

The next case involved a start up company named hiQ, a member of Linkedin (and subject to Linkedin’s TOS). What hiQ did was to scrape information from Linkedin user profiles and use the scraped data to create workforce data products that it sells to employers. Actually, hiQ tracks user generated changes to profiles in areas like work history and skills, and then uses the data to offer two products, one that helps companies identify employees who are at risk of being recruited away, and another product that helps companies map the skillsets of their employees.

The California U.S. District Court held that hiQ can use web scapers to collect information from PUBLIC Linkedin data. The Key factor in the Linkedin case was that hiQ could access and scrape only public data that was not protected by any authorization technique (such as password protected).  Interestingly, the Court granted a preliminary injunction to prohibit Linkedin from employing electronic blocking techniques designed to prevent hiQ from scraping information from public linkedin profiles.
https://bit.ly/2KiDbEi

Linkedin has appealed to the 9th Circuit Court of Appeals. So we need to wait and see whether data scraping of public data is legal. Still, there is a change in the legal landscape with respect to Data Scraping. Website owners will need to examine how they control or limit access to content they collect from users.

Source: Webinar from https://www.ftcguardian.com/ – I am a charter member

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Data Licensing Major Real Estate Portals

Real Estate Industry Project Upstream

upstream is a journey

Talking Point on NAR/RPR and the project known as Upstream…Upstream is Where the prospects are before they realize they are Prospects.

Scan0001 Scan0002

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Data Licensing Listing Syndication Major Real Estate Portals

Monetizing Syndication Conversation

Getting ready to make the case. With Walt Baczkowski.

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Listing Syndication Major Real Estate Portals MLS (Multiple Listing Service)

First American Title, and all of their Data

Property Wiki (Living Data Base of all Homes) – All they need to know is what is for sale, and it appears like competition to Zillow/T.

http://bit.ly/1HAqrij

 

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Listing Syndication Major Real Estate Portals MLS (Multiple Listing Service) Public Portals

MLS – Where are we now? How did we get here, and where are we headed?

MLS Past, Present, and Future all in

this video clip!

 

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Major Real Estate Portals MLS (Multiple Listing Service) Zillow

No Deal – Sandicor / Zillow Syndication Update

Official Notice from the San Diego Regional MLS (18,000 Subscribers and Participants)

Dear Brokers,

As you may know, the relationship between Zillow and ListHub ends on Tuesday April 7th.  If your listings are going to Zillow by some means other than ListHub, this does not affect you.  However, if you have been using ListHub, your listings will no longer be going to Zillow on the 7th.  Sandicor has been in the process of implementing a replacement syndication system and negotiating an agreement with Zillow that would offer substantial benefits and protections for you and your listings along with protections for Sandicor, in the event you elected to send your listings to Zillow.  While our syndication system is being put into production, our negotiations with Zillow have not resulted with an acceptable agreement between us.

Please know that the terms of the agreement were developed by a fifteen member Broker Group, representing a wide variety of brokers, from a 2 person office to our largest brokerages.  All were unanimous in the terms developed, which included protections for the listing data, brokers / agents and Sandicor.  The terms are very similar to other licensing agreements we have with IDX vendors and other vendors.  Unfortunately Zillow was not agreeable to those terms and appeared to be unwilling to consider much beyond their terms.  We revised the agreement such that we felt we addressed some of Zillow’s issues, at which point we were told they didn’t have the legal resources available to discuss it any further.  We then tried to negotiate an interim agreement, which also was not successful.  While Zillow does not have the resources to negotiate with us at this time, we have not given up and will endeavor to work on an agreement that is acceptable to all parties.

We will continue to keep you updated as we work further on an agreement.

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Major Real Estate Portals Uncategorized

Who is predicting the demise of Zillow?

I haven’t seen anyone predicting a Zillow demise, except Zillow employees who constantly repeat it, I guess, because they believe that is what they are seeing in posts across the Internet. To deny that there is any issue at Zillow around Move’s move to cut off Listhub listings is ridiculous.

Big deal Zillow, 43 new contracts in 12 days, many signed in haste because of artificial urgency that the hype and press has created…there are over 800 MLSs. A better barometer would be the listings that will be displayed from those feed contracts. But let’s wait and see what happens on April 7. Remember, contracts with MLSs do not mean listings necessarily. If your MLS does not send your listings to Zillow, and you want them there, then load them yourself.

So, at the rate of 43 in 12 days, you should have about 100 out of 850 MLSs by April 7. Hardly a critical mass.

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Listing Syndication Major Real Estate Portals

Zillow Stock down again this morning

How long will it take Wall Street to see through the hype, and for these stocks to begin to plummet? Hard to say…there is a lot of dumb money in the world.

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Data Licensing Listing Syndication Major Real Estate Portals

More on Listhub and Trulia

In our opinion, one of the best resources for MLSs is this law firm. We have known Brian for many years, including his years as an MLS Exec.

Good points and questions, Mitch.

No MLS should be rushed into making a decision solely out of expediency. Consumers have plenty of other places to find what is for sale, and REALTORS have plenty of other places to spend their advertising dollars.

http://bit.ly/1ADSBII

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Listing Syndication Major Real Estate Portals REALTOR.COM

Listhub ending data feed to both Zilllow and Trulia

Zillow and Trulia both knew that this would take place at some point. If people want to lay the blame on realtor Dot com, they should spread it equally to Trulia and Zillow.

I was having conversations about this inevitability with both Trulia and Zillow in August of last year…and here we are today.

Pretty smart move by Realtor Dot com.

Oh yea, remember Errol Samuelson and Curt Beardsley?

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