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November 12, 2009
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Stephen King Writes Model For Broker Data

Peter G. Miller
OurBroker®

Here's the deal: If you want a copy of Stephen King's new book, forget bookstores, hard covers or paperbacks. Instead, you can get your copy of The Plant chapter by chapter from King's website.

You download one chapter at a time -- two are up so far, the entire book will ultimately include 10 or 11 sections. For each chapter you pay $1 on the honor system. That is, you download a chapter and Mr. King asks that you pay. If you don't pay, you still can read his work.

How has the honor system worked?

As of the end of July, there were 152,132 people who downloaded content from Mr. King. Of this number 116,200, or 76.38 per cent, have chipped in a dollar. King says that 93,200 readers paid up front with credit cards while 23,000 promised to pay later by check or with cash.

Well, okay, this is good news for Mr. King, but what does it have to do with broker data?

King's chapters are intellectual property -- letters, words, and paragraphs that have value because of the unique way in which they have been arranged.

Now imagine that you created online content, just as Mr. King has. Imagine as well that your content was the outgrowth of your time, talent, and experience; that it cost money to pull together, and that it has significant financial value. How would you feel if someone simply grabbed some or all of your work, placed it on their web site, and collected the clients, ad revenue, referral income, datamining dollars, and equity value it produced? Would you say:

  1. "No problem, piracy is a good thing;"

  2. "I don't need the money or the business;"

  3. "Big deal, so my data is attracting consumers to other sites and not mine."

  4. "Wow, isn't this great, I'm getting free online promotion;" or,

  5. "Doug, you've been my attorney for 20 years and I'd like you to look into something...."

I'm not Regis, but I have no doubt that the final answer is along the lines of "E".

King's chapters are copyrighted works. They belong to him. To pirate his material without permission, authority, or compensation is simply wrong.

The rules which apply to King's content also apply to the listing data collected at great cost by brokers. Broker data is copyrighted material. It's an asset that has value today and can produce a stream of income tomorrow. Even though broker listings may be found online -- like Mr. King's chapters -- they are not in the public domain.

The latest twist to the broker data debate concerns H.R. 354, the Collections of Information Antipiracy Act. This bill not only addresses the issue of data theft, it also provides clear remedies -- civil suits, temporary and permanent injunctions, impounding stolen data, and monetary relief.

Much has been made within the brokerage community of the fact that the National Association of Realtors supports H.R. 354, as though NAR is the only organization that wants to see the bill enacted.

But the fact is that many groups -- including associations which sometimes have competing agendas -- back the legislation.

As an example, according to the Coalition Against Database Piracy, its members include the American Medical Association; The McGraw-Hill Companies; the National Association of Securities Dealers; the Newsletter Publishers Association; the Newspaper Association of America; the New York Stock Exchange; Phillips Publishing International, Inc; Reed Elsevier Inc.; Silver Platter Information, Inc.; Skinder-Strauss Associates; the Software and Information Industry Association; the Thomas Publishing Company; The Thomson Corporation; and Warren Publishing, Inc.

Why are so many groups supporting database protection?

The legislation, says the Newspaper Association of America, "provides newspapers and other database owners the much-needed federal protection to fill in the gaps created by existing legal remedies. It provides federal mis-appropriation protection to database owners whose databases -- or collections of information as they are referred to in the bill -- are copied, in whole or in substantial part, without permission. It imposes liability only when unauthorized use causes harm, and it offers librarians, researchers, scientists and educators significant relief from liability in most situations. "

Online piracy is quick, simple and easy -- but that doesn't make it right. As U.S. District Judge Lewis A. Kaplan recently explained, "the excitement of ready access to untold quantities of information has blurred in some minds the fact that taking what is not yours and not freely offered to you is stealing."


Save Money Financing & Refinancing

The latest edition of The Common-Sense Mortgage -- routinely among the top-ten best selling real estate books nationwide -- is available in bookstores online and off. In print for nearly 15 years and widely recognized as the standard consumer guide to real estate financing, it's described by syndicated columnist Robert Bruss as "an encyclopedic, detailed summary of just about everything real-estate investors, agents, lenders and borrowers want and need to know about mortgages."

"On my scale of one to 10," says Bruss, "this superb book rates a 10."

"This continues to be the most, lucid, comprehensive treatment of the subject on the market," says The Real Estate Professional. "If you want solid, reliable information about residential real estate financing, written in a thoughtful, convincing style, this is your source."

For additional information, press here.


Question Of The Week

Q If I make a full-price offer for a property does not the seller have to accept?

A The purchase of real estate is a complex matter that involves far more than price. Any condition of the offer may be grounds for rejection -- say the settlement date, deposit size, seller "contributions," etc.

That said, if price is not an issue, then what is? It may be that minor adjustments in an offer or counter-offer can finalize the sale.

For details, speak with a broker or attorney, as appropriate.


Weekly Resource

Wonder who's connected to your site? Google has a quick and thorough search feature that tracks links to a given page. including home pages, interior pages, and framed pages.

Published: August 22, 2000

Use of this article without permission is a violation of federal copyright laws.





Editor's Note: This article reflects the opinions of Peter G. Miller only and not necessarily the views of this or any other publication, organization or Website owner.

Peter G. Miller, also known as OurBroker®, is the author of six real estate books -- including The Common-Sense Mortgage -- and is the original creator and host of America Online's Real Estate Center.

Peter's weekly columns appear in more than 100 newspapers nationwide, he is also published in a variety of other media outlets and he is a frequent speaker at national events and conventions.

Peter welcomes your questions, comments, and news releases via e-mail at .




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