Notorious R.O.B. – Conversations on Marketing, Technology, Real Estate

See that green pattern on the bark! That's 3.2(b)(iii) of the License!

Once again, I find myself in the curious position of praising the good folks at RPR while at the same time ending up on a negative note.  On the one hand, RPR’s posting their Content License Agreement (complete with redlined corrections) is by far the most transparent thing that I’ve seen a company do in real estate industry thus far.  Kudos not just to Reggie Nicolay, the Social Media director of RPR, but also to Marty Frame and to Dale Ross, the executives in charge of RPR.  These guys talk the talk, and walk the walk of being open and transparent.  Thank you guys, and I really mean that.

If you’d like to look at the entire Agreement, including the Terms of Use for the RPR Website, go to the Google Doc here.

Some of the critiques already on the web may be entirely valid, but I think they largely miss the point.  For example, Mike Wurzer’s post suggesting that the new License Agreement allows RPR to sell listing-level data to various customers may be accurate (or may not be, as Marty Frame points out in the comments), but… this falls into the category of missing the forest because you’re too busy looking at whether the tree is a douglas fir or a pine tree.

There are three major, fundamental issues that the License Agreement does not address — primarily because those issues stem from RPR’s business model and its basic value proposition.  If the goal is to nitpick the language of the Agreement in the hopes of finding a provision on which one can base a future lawsuit, I suppose the detailed analysis being done now is interesting.  If the goal, however, is to understand the fundamental challenge of RPR, then we need to raise our eyes up a bit.

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This is a quick note.

I found something recently that bears directly on my post on Employer Liability for Employee Social Media, and I’m somewhat hopeful that we’ll see more clarity on this topic.

Michael Yon is an independent journalist who reports from Iraq, Afghanistan, and other parts of the world where the U.S. military (and its allies) are fighting.  I happen to love his work, and believe it points to the future of journalism, but that’s a different story.

He recently posted a report on Facebook about two soldiers who were killed by Taliban attacks.  That in and of itself is not unusual. He does this all the time, doing the job that the national media rarely does.

What is unusual is that in the comments to this report on Facebook, a Mike Garcia attacked Yon for releasing the names of the soldiers before the DoD got around to it.  Scroll down in Michael’s fan page to find this thread, as I couldn’t find a way to link directly to his post and to the comments.

Turns out that Yon had followed all guidelines, directives, and had cleared the release with Army commanders on the ground in Afghanistan.  What followed is where things get interesting for us.

We see that Mike Garcia says that the FB comment is is personal opinion, that he is not representing the US Army or speak in any official capacity, even though he is a Public Affairs Officer.

Michael Yon is having none of it.  He believes that the fact that Mike Garcia is a Public Affairs Officer of the US Army means that he represents the Army even on a Facebook comment.  Which means that Yon believes he can now sue the Army for defamation and libel.

Now while it’s highly unlikely that Yon would actually sue the Army for defamation, I sorta hope he would so we’d get a case directly on point as to when the employer is and is not responsible for the social media actions of an employee, and what the relevant factors might be.  In this case, Major Garcia is a Public Affairs Officer — something close to a PR person — and posting on Facebook is likely in the sphere of his employment.  Respondeat superior ought to follow.

But at a minimum, we might see the Army promulgate specific directives clarifying when a soldier (an employee of the Army) is and is not speaking for the Army when engaging in social media.  That would be helpful for additional clarity.

-rsh

Image via Lovely Petal (Flickr: Samiksha)

On Twitter tonight, Sue Adler (@sueadler) says nonchalantly:

Shocking to find MY town pgs & photos copied exactly on another’s site. Hoping this agent, who I know well, hired someone & wasnt aware. hmm

That ain’t a “hmm” Sue — that should be a, “I’ve been robbed!”  That’s outright copyright violation — a theft of your intellectual property.

I know it happens.  Copyright violation on the Internet is not a matter of “IF” it happens, but “WHEN” it happens to you.  A lot of the violations are these automated spam blogs (“splogs”) that go out, scrape content, put it on a page to drive Google rankings and make a few bucks off of advertising.  In less common cases, it’s someone who just really liked your post or your content or something and thought it’s no big deal to copy the whole thing and put it on their site, as long as they link back to you and give you credit.

Except that it’s not okay, since Google punishes duplicate content.  To be sure, there is some dispute as to whether the original copyright holder gets hit with the penalty or not… but since anyone who claims to know exactly how the Google algorithms work who doesn’t have a valid Google Employee ID is probably talking out of his ass, why take the chance?  It isn’t as if the plagiarist is doing something legitimate to begin with.

As it happens, there are others who are far more expert than I in this area of what to do and how to protect yourself.  So here are a few links you might want to browse if you think someone (or multiple someones) is copying your content wholesale:

• What To Do When Someone Steals Your Content by Lorelle.  This is a fantastic, detailed post, with helpful tips, even a form email to send to the offending party, useful links, and just a wealth of information.  Start here.
• Copyscape.  This is a website that can simplify the effort of tracking who out on the Web is stealing your content.  I’ve managed to find quite a few of my blogposts on random splogs through this tool.  It also has helpful links right into WHOIS and other tools to simplify gathering information you’ll want and need to pursue the matter further.
• Chilling Effects.  This is for those who want to get a bit deeper into some of the legal issues in copyright infringement and piracy.  They also provide a great FAQ on copyright on piracy.
• Splogs: Spam Blogs and Stolen Content.  More of a call to arms, but there’s a lot of great information on this post, as well as links to other useful sites and tools.

I’m certain there are other great resources on the Web and elsewhere.  I’d appreciate any comments sharing ones you’ve found.

Fight Back; Content Theft is NOT Sharing

I know the spirit of sharing on the Web generally and in the RE.net more specifically are very strong.  Many of us are constantly sharing ideas, giving away “intellectual property”, and go to REBarCamps where we give stuff away for free all the time without any expectation of (immediate) gain.

But stealing content outright is not sharing.  I’m not talking about excerpting a paragraph or two to make a point here.  I’m talking about copying entire blogposts, pictures and all.  I’m talking about taking another agent’s local market information lock, stock and barrel and passing it off as your own.  Even if you include a token link to my original post, or put up some little piece of crap like “originally posted on XYZ blog”, you’re stealing my traffic, stealing my ability to interact with readers, and should anyone actually comment on your copy of my post, preventing the community from sharing ideas with each other.

As in all things, you can go overboard with trying to fight content theft.  You can’t live with paranoia all the time.  You have to use your judgment as to whether the offender was trying to steal your intellectual property, or made an honest mistake.

But fight back.  For all of us.  I for one plan on starting.  Have sent one letter so far tonight to a splog operator.  We’ll see if he takes it down.

-rsh

Image: bluefin_102 ~ Mike Forsman via Flickr.com

Joel Burslem, whose intelligence is matched only by his ability to eat samgyupsal and drink soju with native Korean boys, opines on 1000watt blog that 2010 will be the year of mobile:

In my presentation yesterday at Virtual RE Bar Camp I made the case that 2010 will be the year the mobile finally matters in real estate marketing. But its not mobile by itself that matters…

2010 is the year the mobile web really begins to matter. In 2009, the mobile web grew 110 percent according to Quantcast. And just as advertising dollars flowed from print to the web, soon I suspect, they will flow from the desktop to the handset.

As much as it pains me to disagree with Joel, in this case, I’d like to offer two points to temper his (and others’) enthusiasm.

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So how does this RPR thing affect us and our brokerage?

In part 1, I tried my level best to keep my opinions restricted to what RPR actually is, based on the demo.  And what RPR is is a fantastic piece of web engineering.  In this part, I get more into the opinionating and what Reggie Nicolay might term, “fearmongering”.

Let us examine the possible impact of RPR on brokers and agents, based on what we know thus far.

Caveat Lector: What We Know That We Don’t Know

One thing I learned at REBarCamp NYC that just happened last week, from Reggie himself, was that the Terms of Use for RPR have not yet been set.  And while the RPR has announced API’s, the terms of use on those have not been set or published.  We also don’t know what those API’s will actually do in terms of data provisioning over the API’s to third party tools or websites.

Therefore, one of the biggest pieces to the puzzle — the legal rights and responsibilities of RPR’s users — is as yet unknown, except in glimpses.  We also don’t know how flexible the RPR system will ultimately be.  It may be incredibly flexible, or it may be a closed system.

We don’t know yet whether brokerages (or even agents) can participate directly in RPR, or if they have to wait for their MLS to first sign up with RPR in order to utilize the full range of functionality.

For that matter, since all we’ve really seen is a video demo and some screenshots, we don’t really know at the end of the day what the finished product will actually look like and how it will work.

Enough caveats?  Okay, let’s get into this…

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All your castles are belonging to us now!

After a fairly lengthy silence, the team at RPR has released a deluge of new information on their new blog.  A couple of things before we delve in.

First, Reggie Nicolay and his team deserve a ton of credit for the new blog.  It’s well-designed, the content is rich and detailed, and many of the tools I would expect from a professional social media engagement site are there.  So kudos to Reggie and the gang on the marketing side.  (Minor quibble: can you not use videos that can be embedded? Or provide more sharing tools, like Wordpress, Posterous, and the like?  The goal of RPR blog isn’t to drive traffic, right, but to get the word out?)

Second, from the movie of a live demo of the software, it seems evident that the development team has not had a easy and relaxing holidays.  They’ve been hard at work, and what I saw on the demo (we’ll spill many pixels on this) is slick, polished, and truly excellent.  They too deserve immense credit for what they’ve managed to accomplish in such a short period of time.

Now, as you probably know, I’m on the skeptical side of things as far as RPR is concerned, having announced its death and all.  And the demo itself, as amazing as it is, doesn’t completely change my mind on that front.  However, from the start, I have had nothing but praise for the software itself, and I’d like to make that crystal clear:  The RPR software is by far the most impressive piece of design and web development I have seen in real estate since the launch of Trulia.  I have nothing bad to say about it as a piece of software.

In this part, I’d like to simply review the RPR based on the demo that was recently posted.  Since I haven’t driven it myself, I’m not clear on what I may be missing.  So keep that in mind as you read.

Let’s dive in.

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There's An App for That

In my latest Inman column (link is for subscribers only, unless you made it in before the paywall dropped), I took issue with mobile for real estate, and called it the “eternal next big thing” for real estate.  I didn’t have the space really to address what I do think is the future of mobile in real estate, as I was already pushing my word count limit, so I thought I’d talk about it here.

I wrote in my column that:

Mobile is the eternal Next Big Thing is real estate – a tantalizing mirage promising untold riches that appear to be right over the next sand dune… until you get there and… oh, it’s right over there over that hill.  iPhone appears to me to be just the latest in the mirages built up about how consumers will use their mobile handheld computing devices to look for real estate.  The next one may be the Droid, or the Apple Tablet, or the Kindle, or… whatever is next.

But, what I was and am really skeptical about is consumer-facing mobile, the B2C applications:

I am skeptical about the impact of mobile on real estate, at least as far as a consumer application goes, because mobile has been the Next Big Thing for about as long as I can remember

What I did not have space to talk about is mobile as the future in the B2B market in real estate.  Let’s dive in, shall we?

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Coldwell Banker just released its beta site (beta.coldwellbanker.com) this week, and on the whole, it’s a nice update.  Here’s the current homepage:

And here’s the beta homepage:

Frankly, they’re both very nice; the beta page strikes me as being a bit more ‘unified’ and more contemporary in look and feel.  The new search interface that dominates the center of the homepage is quite nice, and the default view is the List view (as you learn when you just type in a zip code and hit Enter).  The search results are clean, and the map view is… all right, even if it needs some work and cleanup (those icons need to go, but it is a beta…).

But the most interesting feature Coldwell Banker is introducing with this version of the website is their BlueScape Search, which they bill as a way to “find your Dream House”.  Since property search is the key activity of any real estate website visitor, and search itself has been something I’ve been involved with for quite some time, I wanted to look closer at this attempt at innovation.

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Your SEM Dollars At Work!

From the Search Engine Land site comes news (h/t: Duke Long, @dukelong) that Google has built out what amounts to the start of a national real estate search website:

The real estate listing place pages include property information, photos, map placement, Street View imagery and functionality, nearby public transit details, and even AdWords ads. Google has added links for “Directions” and “Search nearby,” as well as a “Send” link that opens an outgoing email with the place page link embedded inside. The property details in the example above are sourced from two separate Prudential Real Estate web sites, and from NWSource.com, which is the Seattle Times’ web site. It’s all presented just as you’d see on any standard MLS web site, though it lacks some of the deep information (such as square footage of individual rooms) available in a typical MLS listing.

Whee!  By the way, in case you think the Flickr image above is a Photoshop job, here’s the link to the property in question on maps.google.com: 8801 Fauntleroy Way SW, Seattle, WA. And here’s an announcements of sorts from Google Australia:

So here’s what we’ve been cooking up – in the past, if you wanted to view real estate listings on Google Maps, your best bet was to select “Real Estate…” from the “More” menu at the top of the map.

Now, simply searching for “real estate” will return, well, real estate (try it)! You could also try “homes for sale sydney” or “homes for rent adelaide“. Or while you’re at it, check out “apartments for sale brisbane“, or “homes for rent near perth“. The idea is to make it really easy for you guys – you tell us what you want, and we get it back to you! Of course, we’ll continue to work to return the best results for all your Google Maps queries, whether you’re looking for local businesses, geographic features, or your perfect home.

We also wanted to tell you about the integration of real estate listings with Place Pages. Now clicking the “more info” link next to a listing takes you to a faster, easier-to-read page that gives you all of the information we have about a listing: photos, inspection times, videos, details, a Street View preview and nearby public transit information if available, allowing you to quickly find the listing you want and click through to the sources of the listing.

The initial responses range from delighted to worried.

This is from Kathleen Buckley (@kvbuckley), a broker in Massachusetts:

From Todd Carpenter (@tcar), Social Media Manager for National Association of REALTORS:

From Bob Wilson (@bob_wilson), a real estate marketer and technologist:

There’s lots to speculate on, lots to think about, and lots to debate and argue about here.  But in a way, it’s as if the other shoe has finally dropped.  Many of us in the real estate industry have been wondering what Google plans to do with real estate, as the boys and girls from Mountain View have been moving towards something like this for a while with Google Base, Google Maps, etc.

So let’s get into the speculation.

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[UPDATED 11/20/09: More facts added.]

Earlier this week, Reggie Nicolay (@ReggieRPR), the Director of Social Media for the REALTORS Property Resource, LLC, wrote:

I happen to agree 100%.  Also, a commenter on one of my earlier posts by the name of Kris Goodfellow wrote:

Rob,
I’ve got to say, that there is much in the way of speculation and little in the way of “facts” here. DOA, really? That’s pure conjecture. Marty got a standing O today from the 2000 leaders from every state and local associations. In the big broker’s session, the comments included “WOW!” and RPR was compared to Neil Armstrong walking on the moon.
I might be just an old fashioned, ex-newspaper journalist, but I’ve got to say that a year this post is going to look as silly as the “Dewey Defeats Truman” headline. Tell the story, man, don’t try to be a fortune teller.

So let’s say I agree with both Reggie and Kris.

My take is that you kill drama and hype by showing the facts, not by calling questions and opinions “drama and hype”.  So in the interest of moving the conversation along, and also to emphasize once again that I am no opponent of RPR, I have put together all of the facts as I know them with sources, along with questions about what we do not know.  This way, anyone who is interested might be able to discern for himself what is real and what is drama.

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