AOL Backpedals: So What?

(NOTE: The Mar. 28 update to this article covers how AOL revised the AIM TOS.)

According to this followup article by Ryan Naraine published today in eWeek, AOL has begun backpedaling in earnest regarding its offensive and invasive Instant Messenger (AIM) terms of service. (I covered this yesterday.)

According to eWeek, AOL “plans to make three small but significant modifications to the terms of service for its AIM instant messaging product to head off a firestorm of privacy-related criticisms.”

My opinion? Too late. AOL has already tipped its hand about its unvarnished attitude toward AIM users…

As far as I’m concerned, any company that would even attempt to grab rights to content that I create, simply because I use their infrastructure to transmit or discuss it, represents too great a risk to my business and my privacy. The fact that AOL approved those offensive bits of legalese in the first place, and left them in place for quite awhile before people noticed, and acted only when lots of public complaints arose, speaks volumes about that company’s attitude.

As I mentioned yesterday, AIM has lots of healthy and comparable (even superior) competition. Microsoft Messenger, Yahoo Messenger, and Skype chat clearly respect user’s privacy and content rights, and they didn’t require public outrage to do so. Chat aggregators like Trillian and GAIM also are viable (if slightly geekier) options.

To put it bluntly, any company that faces significant and direct competition should avoid any actions, however minor, that would offend or abuse its market. Once made, correcting such mistakes makes little difference. Customers want to be treated fairly and respectfully. When the competition is fierce, customers are unlikely to forgive.

Therefore, I still recommend ditching AIM now. One transgression like this is enough.

However, if you keep using AIM, remember to periodically examine the TOS for that and every AOL product and service. Those “agreements” can change at any time, without notice. Who knows what might creep back in later.

Remember, AOL is owned by Time Warner – a top global media corporation. Both companies have diverse and deep interests in finding and marketing lucrative content in all media. It’s in their interest to get as much good content as they can, as cheaply as they can.

Honestly, I don’t think the AIM TOS was a calculated, deliberate move to appropriate content (probably). However, the culture and nature of AOL/TW probably fosters a “grab anything you can” attitude toward content rights, with a whole set of associated implicit assumptions that guide many actions – including the wording of blanket agreements.

That’s bad news from the user’s perspective, regardless of the outcome of this particular flap.

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This entry was written by Amy Gahran and posted on March 15, 2005 at 12:48 pm and filed under Content Style & Business, Conversations. Bookmark the permalink. Follow any comments here with the RSS feed for this post. Comments are closed, but you can leave a trackback: Trackback URL.

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AOL backpedals, too little too late
Amy wrote a follow up article–Contentious » AOL Backpedals- So What?–to her first article on why you should just stop using AIM–Contentious …

1. View from the Isle - Professional Blogging & Blog Consulting on March 19th, 2005 at 4:51 pm
People are speaking as if there are only 4-5 IM servers available for use around the world.

Personally, I know that the IM server I use is privacy-friendly, because I run it myself.

2. Trejkaz on March 16th, 2005 at 8:32 am
One of AIM’s developer’s blogs:
“OK, I am getting tired of hearing about how “The new AIM TOS allows AOL to have all rights to anything you say on IM, AOL reads/stores all your IMs, etc.”

http://journals.aol.com/juberti/runningman/entries/128

3. Chick Foxgrover on March 15th, 2005 at 5:12 pm
Skype is written by people who are known for installing spyware on peoples machines (kazaa).

As far as I’ve read, this is just not true. The folks behind Skype didn’t have anything to do with the spyware in Kazaa. They developed the P2P software, then sold the rights to it. It was after this sale that spyware begin creeping in.

But back to the point of the this whole commotion…AOL’s TOS.

What speaks volumes now is not what was originally inserted into the TOS, but AOL’s reaction to its discovery and the consequent outrage of customers.

They opted for the “Awww shucks…you know that we would never, ever, ever do what we say we can do in our TOS” approach, rather than just announcing “We were wrong to include it. Lawyers are a fickle bunch and we’re sorry that we let them get in the way of our relationship with you, the customer. We’ve changed our TOS.”

But as you pointed out, we know now how AOL really feels re: their customers.

4. doug on March 15th, 2005 at 3:19 pm
Well, “Ping” (whoever you are), obviously you didn’t read my article from yesterday in which I republished and examined relevant TOS excerpts from Microsoft Messenger, Yahoo Messenger, Skype, and ICQ. You might want to do that and then get back to me once you know what you’re talking about.

- Amy Gahran
Editor, CONTENTIOUS

5. Amy Gahran on March 15th, 2005 at 2:49 pm
Skype is written by people who are known for installing spyware on peoples machines (kazaa). Microsoft and Yahoo both contain wording in their terms of service that state any content you submit (including IM’s) become free to use. So if you IM me this article via Yahoo you just gave Yahoo the right to republish it. Maybe for your next article you should suggest we quit using email too.

6. Ping on March 15th, 2005 at 2:27 pm