Austin Real Estate Blog

OCLC (an organization with a mission similar to RPR, but for libraries) has alienated itself from it's supposed beneficiaries. Could something like this happen with RPR?

In order to understand the potential problems with providing original real estate records to a communally-owned database, as RPR is suggesting, it’s useful to look at an analogous situation that exists in a similar community: the library world.

On July 6, 1967, the Online Computer Library Center (OCLC) was founded as a cooperative effort among libraries to allow standardization and sharing of bibliographic records among libraries who signed up for this service. The records were to remain the property of the library that created them, but would be free to use for any member library, with only a small cost-recovery fee charged for various services. OCLC continued to grow, until today it serves 72,000 libraries all around the world, who participate by creating bibliographic records and sharing them. OCLC is also available for library users to search, allowing them to locate hard-to-find items through its online search options. So, libraries created bibliographic records for books and journals and CDs and DVDs, and users could find information on them through OCLC. And everything was fine, for a while.

Then, in 2008 OCLC announced its proposed “Policy for Use and Transfer of WorldCat Records,” which required that all records before and since that appear in OCLC would bear a line granting copyright (license) over the record to OCLC and prohibiting the record’s use in any other service that was similar to OCLC. Essentially, OCLC simply took over the license for those records. OCLC did not make those records, so how could they do this?

The answer lies in the way that copyright law is structured. The records stored in OCLC were comprised of facts. Facts cannot be copyrighted. I can’t copyright the fact that a house is located at a certain address or that it is on the market for a specific amount; I can’t copyright that grass is green and the sky is blue. I can, however, copyright the way that I describe the house, the look and feel of my real estate descriptions, and the formatting I use in creating a listing for the house. It’s the last issue, that of formatting and metadata, that created the situation with OCLC.

OCLC didn’t claim ownership over the information in its database; it couldn’t. Copyright doesn’t allow for ownership of facts. Instead, OCLC claimed ownership over the format and metadata (descriptions of the books) – the look and feel of the interface – as its justification for claiming the right to license the records. Because the information had to be entered in a format that OCLC set up when the initial database was first put into place, OCLC owned the format. The records in that format were thus the property of OCLC because the format was OCLC’s. Restrictions were outlined that restricted the rights of libraries to use the records, even for records they had created themselves and that logic would dictate those libraries “owned.” Despite public outcry, the provision was implemented in 2009.

But OCLC was a consortium of libraries working together, right? So how could they do something that was so clearly at odds with what the majority of the membership wanted?

The answer, sadly, is that OCLC’s leadership seems more interested in protecting its own financial interests than in being responsive to its membership. Once OCLC became the standard that most libraries used, it began to derive its own profit-driven agenda; since it essentially had a monopoly on the records that had already been created, it no longer needed to serve the libraries that had created it and built its success.

If any of this sounds familiar, it should. Similar situations are arising throughout the intellectual property world. If RPR successfully implements its proposed database, it can make a claim that the records contained belong to it, no matter who originally created the record, because RPR would own the format and metadata. This would allow for a widespread land grab that could end up costing members and others simply to get their own listings back.

Don’t think this could ever happen? It already has. Just ask a librarian.

Put this on my www.joecline.com/blog by accident. Here is the link, if you were looking for this post about the Realtors Property resource. I made this little ditty in Photoshop just for giggles. I was in a startup company a few years back and when the impending death sale of the company was in progress we had similarly themed, but much, much more professionally created posters. You know, don’t let any details slip out or you’ll sink the ship. Anyway, silence is great in war, but NOT WHEN YOU’RE TRYING TO GAIN BUY IN or when you’ve used association moneys to start your company!

Someone should let the folks at RPR know that we ARE interested, but are not going to swallow whatever they produce hook, line, and sinker.

OK. so last week all of the Austin Board of Realtor members had to change in their dKeys for the new, the wonderful, the unnecessary ActiveKey.

Why? I don’t know.

I loved my dKey. It was simple, small, had a great battery life, and worked. Yes, it did have to be placed in a charger to synch with the server and allow you to access lock boxes, but since everyone had a cradle and became accustomed to using the cradle to charge/synch, routine set in very quickly. Come home from a day of work, plop your keys down, cradle your dKey, take off shoes, relax. No big deal.

My first reaction to seeing the new and wonderful ActiveKey, was why the hell is it so big? Then I picked t up. Uh oh. It’s flimsy.  Basically, we now have a Jitterbug ActiveKey. You know the Jitterbug. The phone for the elderly who can’t figure out new fangled feature rich cell phones.

Check out the side by side..

Ok. Maybe I’m being too harsh. So I thought I’d give it a try.

The battery lasts about a day and a half if not plugged in, so doing away with the cradle is pretty much moot now since you have to plug the thing in every day anyway.

I went to show a house this morning and when I tried to turn on the key…. nothing. It had been plugged in all night. So I plugged it into the car charger and tried to turn it on. I was greeted with a descending tone, but no lights. Grr.. So I called the supra folks and I need to find a paperclip or needle (both of which I regularly carry on me) to reset the key. Dug through my glove box and found a piece of wire that would do. Reset and tried to turn it on. It came on, but with a low battery warning. Apparently, it didn’t charge, hold a charge, or the charger is broken.

Basically, I’d rather have my dkey back.

I did find it funny that GE advertises that the key is design by agents.  I’m not sure that’s a great selling feature, but whatever.

Hey GE… what can you do to make this Activekey thing better? I’ve got a few suggestions.

• higher capacity battery
• reduce the size, technology gets smaller, not larger
• back light the keypad for 30 seconds when a key is pressed, if it’s dark I can’t see the back light key to turn the back light on
• remove the on/off key, GE meatball button, and the backlight key to reduce the size of the unit
• how about a toggle switch for on/off if you need one, seems like any key pressed could turn the unit on and a timeout could turn it off
• keys that press, click, or something to let you know that you clicked them
• reset that doesn’t need a needle or paperclip to work, think hold keys 1,4,7 or something like that
• how about a color? if a real estate professional designed this it would be more pleasing to the eye :)

As the green movement has taken hold of the nation, Austin has endeavored to stand before the trends. Years ago Austin took the stand to become the most green oriented city in the country, and as a whole a greener Austin is surfacing. To help this along, the local government has created avenues to make it easier for families to achieve a green home goal.

Among the options is an unsecured loan intended to update a home’s energy efficiency. the Power Saver^TM Program. The goal of this program is to make it easy for a home owner to update air conditioning, duct work and other area’s of energy concerns. As these improvements are made a home becomes more affordable, and develops better value. The loans hold no sway against the home or the improvements made. The interest rate is kept low, especially in this market, which keeps the payments low.

If you desire more information you can find it:
Home Performance with ENERGY STAR®-Loan

Application for Energy Star Loan

The Pedernals Electric Coop has implemented several measure to help their members save on energy costs and improve home value. The first of these is the PEC Home Energy Center, an online tool to help members conserve electricity, save on monthly bills, and reduce carbon emissions. Using the tool can create a clear understanding what improvements need to be made. They also have a rebate program for HVAC improvements.

“…our HVAC Rebate Program. HVAC systems can account for more than 50 percent of a member’s energy consumption, so we provide rebates to those who install energy-efficient units. In 2007, PEC paid more than $548,000 in rebates to members who upgraded their HVAC systems…”

Don’t forget AustinEnergy’s Rebate program.

Austin companies and city have really taken the time to create the resources home owners need.

Austin has been at the forefront of the green movement since it began. Many local builders have taken the time to learn green building techniques and guidelines. Some even offer green remodeling now to older homes. A green home is one that uses less energy and water, but that doesn’t mean the homeowner is missing out on anything. Just take a look at the 4,080 square foot home that is currently on the market sitting near Dripping Springs. The home offers majestic Texas hillside views, and is completely eco-friendly. There is an open floor design inside, a pool, hot tub, and over four acres to play on. What is really extraordinary is what the house is made of.

The house was designed by Gayle Borst and Elliot Johnson. As executive director of Design/Build/Live, Borst consistently strives for green living. The first floor of this beautiful home is no different; it is made of a naturally sustainable material: straw. Bales are placed within a framework of red iron steel for strength. Since the home sits atop a hill, it can be quite windy, and red iron steel is used in the construction of high rises. The interior walls are made of adobe plaster, and the exterior is concrete stucco. A huge benefit of the straw-bale construction is the material’s ability to hold temperatures. When the house is cooled on a hot day, it stays cool. This lowers not only the energy usage of the home, but the heating and cooling costs as well. The home also includes a 21,500 gallon rainwater collection system that provides all the drinking, bathing, and cooking water. Windows and doors are placed in such a way to optimize both the natural air flow and sunlight the location has. This home proves that living green can be lavish and environmentally friendly.

Trammel Crow Co., a well-known developer of industrial and office space in urban areas, has been active in Austin for some time now. However, it has not had the public presence other companies have garnered and has instead worked in the background, hoping to one day obtain the project and the reputation it so justly deserves.

That waiting recently paid off when Trammel Crow won the city bid, with partner Constructive Ventures, to build the Thomas Green Water Treatment Plan. The project is one that many vied for, as it is six acres and four city-blocks, and fronts Lady Bird Lake in southern downtown Austin. City officials with executives from both Trammel Crow and Constructive Ventures are currently finalizing the details of the plan – something that could take up to a year.

While that is being done, Trammel Crow is continuing to move forward and expand its presence even more in Austin. It currently has $224 million of real estate under development in the city. The Shore, Trammel Crow’s 192-unit condo on Lady Bird Lake, is due to open in a few months. Similarly, 64,000 square feet of retail and commercial space, along with residential buildings will soon be complete. And Lakeline Mall, a 272,000 square-foot project, is scheduled to be finished by January 2009. In addition to those, there are many more projects in the development or proposal stages.

Clearly, Trammel Crow is a force that will become even more dominant in Austin in the upcoming months. It has proven repeatedly that it can and will develop quality projects, and that it is prepared to tackle both large and smaller plans. And with the acquisition of the Thomas Green Water Treatment Plan it has shown the better known companies that it too can compete . . . and win.

Two Kenedy County wind plants will go on, as planned, thanks to a federal judge’s dismissal of a case against them. Judge Lee Yeakal of the U.S. District Court in Austin announced on August 4^th that he would be dismissing the case that was to be heard later in the month. It is unknown as yet what the reasoning behind the dismissal was, but there are no approvals needed to place such plants on private land, as was the situation in this case.

The Coastal Habitat Alliance had filed the suit against PPM Energy and Texas Wind, as they felt that the companies had not done enough research and investigation as to the effects of the plants on local wildlife habitats. This suit was their second attempt to halt the building of these two plants. The first was also dismissed by a judge, but will be appealed. The alliance has not yet decided as to whether they will appeal this dismissal, as well, as the judge has yet to release a statement on his reasoning.

According to the investment group responsible for the project, Australian based Babcock & Brown, their projects are intended to help the environment by providing renewable energy and to minimize damage to habitats and natural resources. The first phase of these wind farms is under construction and slated to be completed by the end of the year, while future additional turbines will be added. The companies involved feel that they have been extremely mindful of their project’s impact and have taken necessary steps to protect the local environment.

In the middle of June, 2008, the Edwards Aquifer Authority declared Stage 1 mandatory ground water restrictions when the level of the aquifer fell below 660 feet above mean sea level. On Monday, June 23, 2008, the average level for the previous ten days was measured at 659 feet above mean sea level. These water use restrictions were put into effect in Bexar and Medina Counties as a whole, and also applied to parts of Atascosa, Caldwell, Comal, Guadalupe and Hayes Counties. These regions were told to cut back water usage 20 percent.

The Edwards Aquifer serves nearly 2 million people in the Central Texas region. It is the major ground water supply system in this area of the state of Texas. The Edwards Aquifer Authority regulates the amount of water pumped from the aquifer which is the primary source of potable water for San Antonio.

The start of the summer was certainly looking bleak for central Texans in light of this declaration. Then, a scant month later, along came Hurricane Dolly. Dolly, which was downgraded to a category 1 storm as it made landfall in southern Texas, dumped between five and twelve inches of rain across a line from Laredo to Corpus Christi, effectively ending the drought conditions and prompting the Edwards Aquifer Authority to lift the water use restrictions.

Officials at the authority are still requesting that residents and businesses continue to conserve water usages on a voluntary basis in light of worries that the drought conditions could return later during the remainder of the summer season.

The Dallas based Trammell Crow Co. is heading a partnership to redevelop the five block area between Second Street and the Seaholm Power Plant and includes the Green Water Treatment Plant, right smack in the center of downtown Austin. Joining the partnership is Constructive Ventures Inc., based in Austin, and USAA Real Estate Company, from San Antonio.

This all-Texas team is looking at an ambitious project that will include 2.6 million square feet of office and retail space, for sale and for rent residential units, hotel and public spaces, as well as parking garage areas that will offer spaces for Austin Car Share and electric car recharge stations.

The partnership proposes major community improvements such as $500,000 toward improvements to Shoal Creek and a grant of public easement for completion of the trail running between Fourth and Fifth Streets. A pedestrian bridge is planned over Shoal Creek to connect the site with the Second Street District. Twenty-five percent of the rental residential units will be made affordable to lower income families. In addition, the group plans to fund public art and music programs and will create an endowment to fund a lunch time music series.

The project includes plans for local retail making up a bulk of the space in the Green Water Treatment Plant and Austin Energy sites. And the icing on this cake is that the firms are aiming for a sky high LEED Gold status for all the buildings, with designs that will reduce energy use up to 50 percent.

Construction is expected to begin in 2009.

There are plenty of reasons for you to choose green alternatives when building, not the least of which are the health of the planet and the health of you. But perhaps, so far, that hasn’t been enough to truly motivate you; perhaps you need a little more incentive. Well, the state of Texas has provided you with just that, an incentive – a tax incentive to be exact.

Property owners with solar, wind or biomass power sources installed on-site are eligible for a 100-percent property tax exemption on the appraised value of the device. Installers, along with the manufacturers and sellers, are eligible for a franchise tax exemption. Corporations with said devices can deduct the item’s cost or take ten-percent of it from the company’s income. With solar, wind or biomass power sources installed, companies are also eligible for economic development credits. And that’s just for power sources. There are other incentives for other eco-friendly additions.

The next time you decide to make a change to your home or company, think green and you’ll save green. Invest in alternate energy sources and power-saving materials., and take the natural route – the one that won’t deplete the Earth. You’ll be ensuring that you, your home and your wallet are sustained longer.

For more information on tax incentives in your area, call the Comptroller of Public Account, Tax Policy Division.