We know that The Department of Justice is working on an Anti-Trust Case against NAR. But the real question is, who is defending REALTORS from government theft of our intellectual property?
A recent "Broker Agent News" Article Characterized the DOJ Case as follows:
DOJ Objectives and concerns:
- DOJ believes that innovation and technology in the real estate industry is suppressed;
- That consumers cannot negotiate fair commissions for buying and selling a home;
- That all Home Buyers need access to all listings on each and every website with listings to acquire a home for a competitive price;
- Listings are not owned by the listing broker, but are effectively a public asset.
Of course there are two sides to each of these points, and many intellectual arguments are floating around. It's actually a very complex issue. I will GLADLY let NAR's hired guns handle most of this.
However, It's that last part (bolded above) that holds all the powder in this soon to be explosive issue.
In business, it is incontrovertable that trademarks and copyrights trump almost all other free enterprise issues.
Case in point.... Many premium brand products wish not to be in the discount stores, are not sold on discount web sites, and the makers can prohibit retailers from advertising below a certain price point? They can also prevent the sale through unauthorized distribution channels. How? Because discounting can be bad for the brand imgage, and inability to control presentation can lead to misleading consumer marketing.
Can they fix prices? NO. But they can stop the ads, because they have right to control use of their brand names and logos. This right comes from something called intellectual property rights, from which we get trademarks, patents, copy rights, and etc... The sacred rights are almost as closely guarded as real property rights (real estate - what's mine is mine and I can control it as well as who gets to use it)
Now, apply this to Real Estate. As the listing agent, it is undeniable under intellectual property rights that I OWN MY LISTING PHOTOS and COPY as a work of art. The DOJ cannot make my work of art into a public domain matter. END OF STORY !!!!!
P2 Gets this. That's why they invented the NLS. Will P2 outgun the NAR and win this battle for us? Wouldn't that be something?
Taking Bets? Comments?
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