A Little Housekeeping
Hello, faithful reader.
You may have already noticed that this message looks very different from the previous emails you've received from me. That's because I've switched providers for newsletter management from Mailchimp to Buttondown. Switching providers is always a hassle, even for a small list like this one, and I didn't do it lightly.
Why Switch?
I have been using a grandfathered free plan with Mailchimp for as long as this newsletter has existed. I had it for so long that I still had a lot of features that have since been paywalled for newer customers. But recently, Mailchimp published their updated terms of service, and one section of the terms crossed the line for me.
Effective November 16, 2023, Mailchimp introduces truly objectionable terms surrounding generative AI into their agreement. You can read the entirety of those at the link above in section 30. But of particular note are the following.
Without limiting Mailchimp’s rights otherwise set forth in these Terms, by using the AI Model, you hereby grant Mailchimp (and their agents, employees, officers, directors, independent contractors, affiliates, subsidiaries and representatives) a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up, sublicensable (through multiple-tiers) license to access, use, modify, display, publicly perform, distribute, copy, create derivatives from (including derivative works of) and process any and all Inputs and Outputs (including any intellectual property contained therein or embodied thereby) for any purpose, including to develop and improve the AI Model and for purposes stated in our Global Privacy Statement.
We may use your Inputs and Outputs, including Customer Data, for machine learning purposes in order to develop and improve the AI Model, the Services, and similar products and features, and you instruct us to process Customer Data for such purposes. You may select preferences about your data by visiting your account settings.
This means that any content sent via their service can be used to train their AI models and potentially get regurgitated if another customer uses their AI offerings to help them draft content. Adding insult to injury, Mailchimp takes no responsibility for any potential copyright infringement that results.
You are solely responsible for such Outputs, which is also your “Content” for the purposes of these Terms. You must carefully review the resulting Outputs before you add it to a Campaign, rely on such Outputs, or otherwise use such Outputs to ensure everything is accurate, lawful, and otherwise appropriate and is not detrimental to Mailchimp and the general public. And, you agree to have adequate rights to use such Outputs and any Content. You shall ensure that your use of any Output does not violate the intellectual property or proprietary rights of Mailchimp or any third party. You are not required to use any such Outputs or Content, and you are free to and should modify them as appropriate to ensure compliance with these Terms. You also acknowledge and agree that any Outputs may not be protectable under copyright or other intellectual property, proprietary rights, or other law. Mailchimp makes no warranties or representations, express or implied, that the Output or other Content is protectable under any law.
So yeah... I canceled and deleted my account without accepting the new terms, and moved this list over to Buttondown yesterday afternoon. Things went relatively smoothly, but there may be some bumps along the way as I work out some details.
Thanks again for being a subscriber. To the next adventure!
Daniel
Grave dust and falling leaves.