When people first learn about Repliers’ APIs and the wealth of MLS data available, it’s common for them to be excited about the possibilities. However, more often than not, when potential clients approach us, they aren’t eligible to use this data. Why? Because MLS data is privileged content, only available for display and use by licensed real estate professionals. This gatekeeping can feel frustrating, especially when the data is perceived as being just out of reach.

But the reality is much more nuanced—and it’s important to understand why these regulations exist.

Licensed real estate professionals are the gatekeepers of MLS data for a reason. They are the ones who gather it, input it into MLS systems, and ultimately manage its flow. Allowing non-licensed parties to use this data would not only undermine the integrity of the MLS system but would also place real estate professionals at a significant disadvantage. This system has been built to protect the interests of those who contribute to it, ensuring fair competition and professionalism in the real estate market.

Read more about MLS data licensing requirements for using Repliers APIs.

“Ok, well, I guess I’ll just scrape the data…”

This is a common response we hear when someone learns that they aren’t eligible to use MLS data legally. While the frustration is understandable, there’s a whole other side to consider when the idea of scraping data starts to seem like an easy workaround.

Before you rush to scrape, here’s what you need to think about:

Copyrighted Data: Scraping Doesn’t Make It Free

MLS data isn’t just freely available—it’s copyrighted. This means that even if you were to find a way to gather it without permission (through scraping or other unconventional methods), you’d be violating copyright laws.

While scraping data itself is not inherently illegal, it becomes a legal issue when you violate a website’s terms of service or infringe on copyright and licensing laws. The reality is that most real estate websites have terms of use that explicitly prohibit scraping. This is not just a policy; it’s a matter of legal protection for the creators and distributors of the data.

A High-Profile Example of Unauthorized Use: Microsoft’s Bing

The most notable example of unauthorized MLS data use recently came from none other than Microsoft. Microsoft’s search engine, Bing, started displaying MLS content directly in its search results, allowing users to browse listings without going through licensed real estate professionals. This shortcut not only bypassed real estate professionals, but it also infringed on the rights of MLS providers who paid to make this data available.

The backlash was swift. Industry leaders, real estate professionals, and data providers raised their voices, leading to Microsoft removing the feature from Bing. It was a clear demonstration of how quickly unauthorized use of MLS data can lead to consequences. You can read more about it in Real Estate News here.

The Hidden Costs of Scraping

Another often-overlooked aspect of scraping is that it consumes resources—resources that are not free. Take Redfin, for example. As a brokerage, Redfin invests millions of dollars every year to legally procure and provide MLS data for its users. Redfin also invests heavily in measures to prevent unauthorized scraping of its data, ensuring that all the effort they put into gathering and organizing listings doesn’t go to waste.

“MLSs are known for producing timely, comprehensive real estate data. Unfortunately, bad actors exploit this by scraping property information from the internet, leveraging the listing broker’s time, investment, and intellectual property without permission or compensation. Even MLSs like MARIS, which invest in top-notch security, face challenges policing real estate data outside their ecosystem due to limited scale and resources.”

— Cameron Paine – President & CEO – MARIS MLS

Redfin, and other companies like it, are providing valuable services that make data available in a secure and legally compliant manner. Scraping bypasses that system, undermining the business models of these companies.

So, Is There Such a Thing as Ethical Data Scraping?

Is it possible to scrape data ethically? In some cases, yes—though these instances are few and far between. One of the most widely accepted examples of data scraping is Google. Google crawls the web, indexing pages and gathering data, and in return, it sends website visitors to the sites it scrapes. This is a mutually beneficial arrangement. Webmasters get traffic from Google, which is valuable for search engine optimization (SEO) and driving visitors to their pages.

But what happens when the scraping is not mutually beneficial? Take artificial intelligence (AI) for example.

AI and the Ethical Quandaries of Data Use

There’s growing concern around how AI tools use data, especially when it comes to natural language processing (NLP) tools like ChatGPT. These tools scrape vast amounts of internet data to generate responses and can answer user queries using data from various websites. But unlike Google, AI tools like ChatGPT don’t send traffic to the websites they scrape. They use your data to create responses, essentially monetizing it without acknowledging or compensating the content creators who originally produced it.

While Google’s model is built around a fair exchange, AI-driven platforms are monetizing data without providing the same value back to the data creators. It’s a clever approach, but one that may face increasing scrutiny as the public becomes more aware of how their data is being used.

Repliers Takes a Stand with a New API Firewall

At Repliers, we understand the value of data and the effort it takes to protect it. That’s why we’ve introduced a new Data Security and Access Control feature called the API Firewall. This firewall enables real estate professionals who use our services to protect MLS data from being scraped by unethical sources. While we allow friendly scrapers like Google to access data, we block abusive users who may attempt to scrape it for improper use.

This new feature is designed to help our subscribers protect their valuable MLS data while still allowing for the legitimate, ethical exchange of information. It’s an important step in helping ensure that the digital landscape remains fair and that data creators are respected for their contributions.

To learn more about how Repliers is strengthening data security and protecting MLS data, read about our new API Firewall.