Rule: no "derivative works" of the MLS Database. PropTx AUA s.7(c) includes "analyze" — broad, ambiguous, untested. Counsel-required before any analytics product asserts non-breach
Rule
Rule. Do not create derivative works of the MLS Database under the PropTx AUA s.7(c). The word "analyze" is in the prohibition and is broad. Counsel review is required before any analytics product asserts it does not breach this clause.
Why. PropTx AUA s.7(c) — express prohibition: no decompile / reverse-engineer / disable / modify / analyze / create derivative works of software, MLS Database, BRS Database; s.4 ties to REBBA/TRESA — the operative AUA clause. The word "analyze" is the single most dangerous clause for an analytics product — there is no settled jurisprudence narrowing it.
How to apply. When scoping any MLS-data product, get the actual current signed AUA, mark s.7(c) and equivalent clauses in any sister board's AUA, and have counsel write an opinion on whether the proposed product breaches them. Do not infer non-breach from "but obviously this is permitted."
Related entries
Depends on
- research-notes Research notes (capture-layer): inside the MLS box — what an Ontario member agent's account exposes, what goes unused, and what they're licensed to do with it (June 2026)
- reference PropTx AUA s.7(c) — express prohibition: no decompile / reverse-engineer / disable / modify / **analyze** / create derivative works of software, MLS Database, BRS Database; s.4 ties to REBBA/TRESA