Interesting People mailing list archives
IP: Who owns your mailing list? Topica.com may have bought it.
From: Dave Farber <farber () cis upenn edu>
Date: Fri, 24 Dec 1999 18:27:36 -0500
Date: Wed, 22 Dec 1999 01:18:21 -0800 From: Allyn Weaks <allyn () teleport com> Subject: Who owns your mailing list? Topica.com may have bought it. Who owns your mailing list? This may be old hat to some, but it was a shock to me. I own a non-free majordomo mailing list at esosoft.com. List owners generally pay for lists in order to have full control over content and the usual majordomo (or other list server) features. Two weeks ago, we started getting an odd message back when we tried to send admin commands to majordomo. I didn't think to save one, but it was to the effect that majordomo commands were turned off pending an upgrade. On Wednesday (15 Dec), just before midnight PST, we all received a email proclaiming "Your Esosoft Mailing Lists now Free!". Inside was a hyped up description of how all of our lists were going to be moved to topica.com in one week, and that this is such a wonderful thing because we can get royalties from the advertising that can be added to each message if we request it. (By default, so far, each message 'only' advertises topica.) Meanwhile, during much of this week, admin commands to esosoft's majordomo were disabled, making it impossible to get our subscriber lists or list settings, or maintain the lists, without going through esosoft support (who did a good job--she was as shocked as the rest of us and did her best to help us cope). One of the long time esosoft mailing list owners has estimated that about 1600 lists were affected. If we assume that there are an average of 300 subscribers per list, that's nearly a half million addresses. How much is that worth to topica? Well, if there are 1600 lists, esosoft is going to have to shell out about $40,000 in refunds to us owners, and they're almost certainly getting a hefty profit out of the deal as well as getting rid of the lists (they apparently want to use those ten servers for higher profit-margin virtual servers.) Meanwhile, there are at least a hundred of us who are irate that our subscriber lists have been sold to the very worst of the 'free' list sites without our permission (probably many more than a hundred, but some owners probably don't know how to find us, and we don't know how to find them). If we had wanted to do business with an Ads-R-Us site, we could have gone with onelist or similar in the first place. But being serious list admins, we were willing to pay out real money to have full control over content (no ads!) and to protect our subscribers. All gone for naught. Worse, even though many of us frantically told esosoft and topica to cancel the transfer before subscriber lists were moved, and were assured that this was done, we found out this afternoon that the 'deleted' lists on topica have been recreated and the subscriber lists as of Dec 17th handed over anyway. (Note that between the time we received notice and the time the lists were copied for transfer, majordomo was disabled and there was nothing we could do about protecting our subscriber lists, even assuming that esosoft wouldn't just rip them out of a backup set.) As far as I can tell, esosoft is covered legally, because the buyout is called a 'partner arrangement' and esosoft can assign who actually handles the lists we've paid for, even though the services are not even remotely comparable. Now that it's happened, we've been trying to find other mailing list suppliers, only to find that topica has been approaching and trying to buy many of them out. A few are proud to have refused and are using that as a (very good!) selling point. Some have already sold out just as esosoft did. Some won't say whether they've talked to topica. We've also found lists on topica that have never had any known association with them, or with any provider who has had association with them. Some of the lists that show up at topica have been run from their start from private virtual servers, but topica lists them in their directory anyway. We don't know yet if they're active in any way but are working on it. Topica does have a copyright/privacy statement. But according to an ex-esosoft list owner who's stuck with topica until she can make other arrangements, a topica account rep said in the topica listowners mailing list that the statement published on the web isn't the current policy! It _should_ read: "Topica does not claim ownership of the Content you transmit through Topica's Service. By transmitting Content through Topica for distribution to your Topica List, you grant Topica a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing Topica's hosting, archiving, subscription, and promotion services. This license exists only for as long as your List continues to be a archived at Topica and shall be terminated at the time your Topica account is terminated." Note the bit about 'promotion services'. So they don't claim 'ownership' of everyone's work, just the right to use it however they darned well please. None of us in the former-esosoft-listowners group would ever have knowingly agreed to such a thing. So, if any of you run mailing lists, make sure that your contract says that none of the list information will be transferred to any other party under any circumstances, _including_ partner arrangements. Better yet, invest in a virtual server and run the list server from scratch, with clear and strong warnings to any potential hijackers. Side note: topica.com is the most annoying site I've ever been forced to try to use. You can't get anywhere to speak of without images .and. cookies .and. javascript all turned on. Ads with associated cookies from a wide variety of servers pop up every few seconds. Horrible bugs, too: people who subscribe to one list find themselves subscribed to multiple lists, and the same for unsubscribe. Truly a nightmare. The most disturbing thing of all is that some people don't mind it! If any readers are ex-esosoft list owners in search of the support group, let me know and I'll point you in the right direction. -- Allyn Weaks allyn () tardigrade org Seattle, WA Sunset zone 5 Pacific NW Native Wildlife Gardening: http://www.tardigrade.org/natives/ [ Letting any outside entity have access to one's complete mailing lists is an extremely risky business. The safest route (and the one I've always followed) is to maintain 100% control over the maintenance of my lists and related distributions. Unfortunately, this option is not practical for many persons, resulting in the sorts of surprises described above. -- PRIVACY Forum Moderator ]
****************** A Happy Holiday and a safe New Year from Dave and GG Farber ******************
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