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	<title>Comments on: Trulia dilemma&#8230;</title>
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	<link>http://360digest.com/2006/08/21/trulia-dilemma/</link>
	<description>Seattle Real Estate Blog for those interested in Seattle real estate, popular culture, tech, news and opinion.</description>
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		<title>By: Calculator</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-6874</link>
		<dc:creator>Calculator</dc:creator>
		<pubDate>Sat, 30 Sep 2006 15:55:37 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-6874</guid>
		<description>Ken, Trulia already is a lead generator.  No different than HouseValues or HomeGain they plan to make money off Realtors.  It&#039;s crazy Realtors are falling for it.  A broker should think really are before they give up their hard earned listings to any site that plans to make money off them. 

Here&#039;s another post that should be read by any broker considering giving up their listings to Trulia or any other company mentioned in the great discussion above:

http://realestate20.wordpress.com/2006/09/15/trulia-truly-a-pimp/</description>
		<content:encoded><![CDATA[<p>Ken, Trulia already is a lead generator.  No different than HouseValues or HomeGain they plan to make money off Realtors.  It&#8217;s crazy Realtors are falling for it.  A broker should think really are before they give up their hard earned listings to any site that plans to make money off them. </p>
<p>Here&#8217;s another post that should be read by any broker considering giving up their listings to Trulia or any other company mentioned in the great discussion above:</p>
<p><a href="http://realestate20.wordpress.com/2006/09/15/trulia-truly-a-pimp/" rel="nofollow">http://realestate20.wordpress.com/2006/09/15/trulia-truly-a-pimp/</a></p>
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		<title>By: TheLandlordBlog.com &#187; Carnival of Real Estate Results Are In!</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-3693</link>
		<dc:creator>TheLandlordBlog.com &#187; Carnival of Real Estate Results Are In!</dc:creator>
		<pubDate>Mon, 11 Sep 2006 21:25:33 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-3693</guid>
		<description>[...] Marlow Harris of 360 Digest presents Trulia Dilemma.Â  It seems Trulia is facilitating the misuse of copyrighted material, but it remains to be seen if/who will do something about it. [...]</description>
		<content:encoded><![CDATA[<p>[...] Marlow Harris of 360 Digest presents Trulia Dilemma.Â  It seems Trulia is facilitating the misuse of copyrighted material, but it remains to be seen if/who will do something about it. [...]</p>
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		<title>By: Ken Smith</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-2008</link>
		<dc:creator>Ken Smith</dc:creator>
		<pubDate>Fri, 01 Sep 2006 16:44:22 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-2008</guid>
		<description>I don&#039;t trust Trulia in the least to not change into a lead generator. If agents look at the big picture they will realize feeding content to sites like this is not a good idea. The last thing we want is everyone to start thinking that google base or trulia or any other location is the place to go to get info about homes for sale. 

We give away way to much free information.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t trust Trulia in the least to not change into a lead generator. If agents look at the big picture they will realize feeding content to sites like this is not a good idea. The last thing we want is everyone to start thinking that google base or trulia or any other location is the place to go to get info about homes for sale. </p>
<p>We give away way to much free information.</p>
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		<title>By: The Real Estate Bloggers</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-1920</link>
		<dc:creator>The Real Estate Bloggers</dc:creator>
		<pubDate>Fri, 25 Aug 2006 19:14:48 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-1920</guid>
		<description>&lt;strong&gt;What if Your Real Estate Agent Will Not Let You Market Your Own House?...&lt;/strong&gt;

	I was just reading a very interesting post by Marlow Harris over at the 360digest Weblog about Trulia and he asks a great question. 
	
	But what does an agent do when their company prevents, discourages or illegalizes these free forms of web promotion...</description>
		<content:encoded><![CDATA[<p><strong>What if Your Real Estate Agent Will Not Let You Market Your Own House?&#8230;</strong></p>
<p>	I was just reading a very interesting post by Marlow Harris over at the 360digest Weblog about Trulia and he asks a great question. </p>
<p>	But what does an agent do when their company prevents, discourages or illegalizes these free forms of web promotion&#8230;</p>
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		<title>By: Greg Tracy</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-1871</link>
		<dc:creator>Greg Tracy</dc:creator>
		<pubDate>Tue, 22 Aug 2006 22:23:59 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-1871</guid>
		<description>Great Post and I love the line

Trulia dilemna for everyone involved. 

Classic...</description>
		<content:encoded><![CDATA[<p>Great Post and I love the line</p>
<p>Trulia dilemna for everyone involved. </p>
<p>Classic&#8230;</p>
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		<title>By: Daniel</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-1866</link>
		<dc:creator>Daniel</dc:creator>
		<pubDate>Tue, 22 Aug 2006 17:11:09 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-1866</guid>
		<description>Marlow,

Great post.  I think that the conflict with Trulia is going to vary widely by area.  MLS rules are different in every area, and the brokerage laws that affect listing data are different in every area.  It sounds like, in the Seattle area, if the display of listing data on sites like Trulia is a violation of an agent&#039;s TOS agreement with his or her broker, then the blame is on the Agent.  I find it hard to believe that the web developer is going to post the data without regard to the desire of the agent or broker.    If an agent tells Z57 or Number 1 not to post the feed to Trulia, then it would stop.</description>
		<content:encoded><![CDATA[<p>Marlow,</p>
<p>Great post.  I think that the conflict with Trulia is going to vary widely by area.  MLS rules are different in every area, and the brokerage laws that affect listing data are different in every area.  It sounds like, in the Seattle area, if the display of listing data on sites like Trulia is a violation of an agent&#8217;s TOS agreement with his or her broker, then the blame is on the Agent.  I find it hard to believe that the web developer is going to post the data without regard to the desire of the agent or broker.    If an agent tells Z57 or Number 1 not to post the feed to Trulia, then it would stop.</p>
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		<title>By: BloodhoundBlog - The weblog of BloodhoundRealty.com, an exceptional-service residential real estate brokerage in Metropolitan Phoenix, Arizona.</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-1864</link>
		<dc:creator>BloodhoundBlog - The weblog of BloodhoundRealty.com, an exceptional-service residential real estate brokerage in Metropolitan Phoenix, Arizona.</dc:creator>
		<pubDate>Tue, 22 Aug 2006 15:55:12 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-1864</guid>
		<description>[...] Marlow Harris at 360Digest has an incisive post about the incipient conflict between copyright-holding brokers and national dot.com real estate listing aggregators: But what does the agent do who has signed a TOS Agreement with their broker indicating that the Broker owns the listings and the broker does not want their listings advertised on Trulia? Z57, Advanced Access, Number 1 Agent and many more website developers have submitted their feed to Trulia, to allow them to display their listings, in violation of many of these individual agents TOS agreements. Winderemere, J.L. Scott, Coldwell Banker Bain, and many other local and national companies have NOT authorized their listings to appear on Trulia, but they do, under the auspices and with the consent of these website developers, but not the agentâ€™s brokers. [...]</description>
		<content:encoded><![CDATA[<p>[...] Marlow Harris at 360Digest has an incisive post about the incipient conflict between copyright-holding brokers and national dot.com real estate listing aggregators: But what does the agent do who has signed a TOS Agreement with their broker indicating that the Broker owns the listings and the broker does not want their listings advertised on Trulia? Z57, Advanced Access, Number 1 Agent and many more website developers have submitted their feed to Trulia, to allow them to display their listings, in violation of many of these individual agents TOS agreements. Winderemere, J.L. Scott, Coldwell Banker Bain, and many other local and national companies have NOT authorized their listings to appear on Trulia, but they do, under the auspices and with the consent of these website developers, but not the agentâ€™s brokers. [...]</p>
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		<title>By: Joseph Ferrara.sellsius</title>
		<link>http://360digest.com/2006/08/21/trulia-dilemma/comment-page-1/#comment-1857</link>
		<dc:creator>Joseph Ferrara.sellsius</dc:creator>
		<pubDate>Tue, 22 Aug 2006 07:36:02 +0000</pubDate>
		<guid isPermaLink="false">http://360digest.com/2006/08/21/trulia-dilemma/#comment-1857</guid>
		<description>A great post which shows the struggle between an agent&#039;s desire, and fiduciary duty under licensing law and NAR Code of Ethics, to serve their clients&#039; interest, to wit, the sale of their property, the seller/clients&#039; coincident desire to have widespread dissemination of the listing so their property is sold quickly for the best price, &amp; others&#039; interest to prevent display &amp; dissemination by those who would usurp or curtail the broker&#039;s role (and corresponding entitlement to just compensation). 

The use of copyright law is one means to prevent this display &amp; dissemination of a listing but it has its limitations. For one thing, facts (whatever they may be &amp; they be something) are not copyrightable. Second,  if an agent (or seller) takes the listing photos, writes the ad copy, copies the floorplans created by the builder, and agent &amp; seller together  create the listing price, the copyrights belong to the agent &amp;/or seller &amp; builder.  Even if the agent signed away any claim to copyright in their works, the agent could NEVER sign away the seller&#039;s (or builder&#039;s)copyrights without their permission.   
 
Since long standing custom &amp; practice is to display listings in ads to sell real estate, any policies affecting the display of these ads are necessarily examined to determine if they restain the trade of real estate (commerce), a key component of this country&#039;s economic health.  Hence the underlying DOJ scrutiny of NAR&#039;s policies.
 
DOJ may very well decide this issue for the industry and it may surprise some people that sellers &amp; buyers will be the focus of the decision and that the banking industry is the big bad wolf NAR should really fear, and not portals like Trulia.</description>
		<content:encoded><![CDATA[<p>A great post which shows the struggle between an agent&#8217;s desire, and fiduciary duty under licensing law and NAR Code of Ethics, to serve their clients&#8217; interest, to wit, the sale of their property, the seller/clients&#8217; coincident desire to have widespread dissemination of the listing so their property is sold quickly for the best price, &amp; others&#8217; interest to prevent display &amp; dissemination by those who would usurp or curtail the broker&#8217;s role (and corresponding entitlement to just compensation). </p>
<p>The use of copyright law is one means to prevent this display &amp; dissemination of a listing but it has its limitations. For one thing, facts (whatever they may be &amp; they be something) are not copyrightable. Second,  if an agent (or seller) takes the listing photos, writes the ad copy, copies the floorplans created by the builder, and agent &amp; seller together  create the listing price, the copyrights belong to the agent &amp;/or seller &amp; builder.  Even if the agent signed away any claim to copyright in their works, the agent could NEVER sign away the seller&#8217;s (or builder&#8217;s)copyrights without their permission.   </p>
<p>Since long standing custom &amp; practice is to display listings in ads to sell real estate, any policies affecting the display of these ads are necessarily examined to determine if they restain the trade of real estate (commerce), a key component of this country&#8217;s economic health.  Hence the underlying DOJ scrutiny of NAR&#8217;s policies.</p>
<p>DOJ may very well decide this issue for the industry and it may surprise some people that sellers &amp; buyers will be the focus of the decision and that the banking industry is the big bad wolf NAR should really fear, and not portals like Trulia.</p>
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