Stop using #Mailchimp.

Mailchimp (a proprietary mailing list and customer CMS platform) has updated its terms of service.

Mailchimp is planning to feed your email content and customer contacts into its AI models.

Mailchimp's email generating AI might spit out content that infringements on another person's copyright. And the new Mailchimp terms of service say you are legally liable for that copyright infringement, not them.

See section 30. Generative AI Features: https://mailchimp.com/legal/terms/preview/

Archive.org historical link: https://web.archive.org/web/20231018110117/https://mailchimp.com/legal/terms/preview/

This is a good time to switch to open source mailing list software:

Mailman: https://www.gnu.org/software/mailman/
- hosted services from https://mailmanlists.net/

Mautic: https://www.mautic.org/
- hosted services from https://friendly.ch/en/automate

SendPortal: https://sendportal.io/

Caveat: I haven't tried the software and hosted services mentioned, except mailman. YMMV.

Mailchimp’s Standard Terms of Use | Mailchimp

Information about Mailchimp's standard terms of use.

Mailchimp

I use #Mailchimp to send my Creative Commons Attribution licensed blog posts to my email list.

Mailchimp's new terms means my CC-BY works will become input to a generative AI model.

Then the Mailchimp AI might spit out parts of those works as "suggestions" to someone writing an email with the Mailchimp website.

Their terms of service say the person using the output of their AI needs to check if the content violates copyright.

Let me say that clearer:

Mailchimp makes its customers responsible for checking for copyright infringement caused by Mailchimp's generative AI.

@sphakos 😶 Ok, another one bites the dust. will clean up and go. 😞
@sphakos The other clever* bit of lawyering in there is that they make you 100% responsible for #GDPR compliance...but then they say they can use your customer info for whatevs, which means you can't get informed consent so it's impossible to comply with GDPR. (This may be a good example of a ToS where every user is in violation, so anyone can be kicked off for violating ToS at any time it's convenient)
@sphakos Mailchimp has sucked since Intuit bought it.
@sphakos Thanks for this. I use MailChimp to send plaintext emails to a charity distribution. I shall investigate SendPortal for the future, but it appears not to be web based...?
@sphakos glad we didn't go with that for #krita
@halla @sphakos what a funny world in front of us 
@sphakos Can anyone recommend alternatives that respect privacy?

@JustinDerrick @sphakos #RSS is that better alternative, which is what an #email mailing list wishes it was, IMHO.

A general design pattern which I was taught back in the day (before the pernicious invention of push notifications) went like this:

"Pull is better than push. Clients should pull from a server. It shouldn't be servers which push to clients."

@sphakos Ooooh sad day for Mailchimp. Before they were acquired it was famously a company that hired a lot of women in software engineering, one of the good ones.

Dear @sphakos The business world, especially when getting to specific verticals, is not big and often are chasing the same clients! Hence, the use of mailchimp will divulge hints into your business to your competitors. #Spyware Their offloading of liability in a legally murky area should be a non-starter.
You can tell the copyright office what you think about using your copyrighted work to train AI models. You have until October 30 (extended from today).

https://copyright.gov/policy/artificial-intelligence/?ref=maginative.com

ESM

Artificial Intelligence Study | U.S. Copyright Office

Artificial Intelligence Study

@sphakos @WarnerCrocker

What sort of retention to all these vultures expect from their ‘just the tip’ strategy? Not that they have necessarily thought it through, some total sociopaths are behind these moves, if they aren’t actually economic hit jobs.

@sphakos AT LAST!
I've been saying this for decades.
@sphakos Yes, that sounds like #Intuit. I suppose your #Quicken and #Quickbooks data is next.
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@bertol @sphakos @joxe I use acumbamail.com, based on EU
@sphakos How the shit is that even legal?
@sphakos need to give them the foot.
@sphakos I read the TOS changes, and does it actually say that? From my reading, the data they use is restricted to stuff you explicitly feed as "Inputs" to their AI systems.

@sphakos The latest example of @pluralistic 's enshittification: MailChimp was acquired by Intuit a couple years ago. They aren't a two-sided marketplace, but this is close enough.

I've used MailChimp for years. I guess it's time to try something else.

@nandor Not sure of your *exact* use case, but I recommend Buttondown. No affiliation, just a happy user.
@nandor @sphakos @pluralistic not to mention using their UX is like trying to run a 100 yard dash through waist deep peanut butter
@nandor @sphakos @pluralistic stage one: enfartification stage two: enshartification stage three: enshitification jk
@nandor @sphakos @pluralistic
I switched to Sender & so far it's been a really good decision. No complaints at all.
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@sphakos Thank you, I haven't read the email yet about the changes and it was low down my priority list. I'll make sure to bump it up the list and deal with it soon.
@sphakos Also, they are evidently now owned by Intuit, which is an evil company for entirely different reasons.
@sphakos hmmmm... what ya using instead as a free alternative? Thanks for sharing
@sphakos thanks for the heads up on sendportal.io...maybe throw the link into ur main post so more people can see it?

@sphakos

But isn't much (most?) of mailchimp's traffic some variant of ad copy, not necessarily "empty calories" but usually tredning to sanitized and sterile?

What on earth is the value proposition of training an LLM on that?

@sphakos You had me at "proprietary"
@sphakos I didn't actually realize today that Intuit owned Mailchimp (and I don't know how long they've owned it). But it figures Intuit would own one of the major commercial just-barely-legitimate spam services.
@sphakos I wonder if courts of law would agree that MailChimp is not liable for the copyright infringement?
@sphakos I haven't been following the news in tech. I didn't know that mailchimp was purchased by the crap factory Intuit.

@sphakos For those of us required to use MailChimp for work, it seems there is an apparent way to opt-out of analytics and machine learning. I just had a conversation with a support rep named "Arwyn" who clued me into this page. Will it work? No idea. Do I trust Intuit? Heck no. Do I have any other options at this moment? I do not.

Here's to hoping. 🤞

https://mailchimp.com/privacy-rights/

Auskunftsanfragen von betroffenen Personen | Mailchimp

Richtlinie von Mailchimp zu den Rechten betroffener Personen und wie du deine Rechte als betroffene Person gemäß der DSGVO für personenbezogene Daten im Besitz von Mailchimp ausüben kannst.

Mailchimp
I moved away from #mailchimp earlier this year.

Do you have recommendations for alternatives for other people who are wanting to leave MailChimp?

@sphakos

For those interested, here is our stance on generative AI:

https://buttondown.email/blog/generative-ai

How Buttondown uses your content to power generative AI

Buttondown

@sphakos

Vous trouverez là une liste de fournisseur que je suggère.

Tous orientés sur l'hygiene-numerique.
Donc le respect des personnes : vous, ... votre entreprise,... et vos destinataires !
(que vous aimez d'un amour profond....)

https://www.mon-domaine-internet-a-moi.com/Comment-Faire-Mon-Domaine-Internet-et-mon-email-explications.html

La liste est à jour.
Mais pas exhaustive : il y en a plein d'autres.

https://www.les-cris.com/pages-300-articles-de-CRIs/theme-040-Evol-generale/art-2021/cri-evolgen-211223-Hygiene-Numerique-La-liberte-commence-la-ou-s-arretent-ceux-qui-exploitent-vos-donnees-illustrations.php

Explications des prestations Mon-Domaine-Internet-A-Moi.

Mon-Domaine-Internet-A-Moi, du conseil et de l'assistance pour créer son nom de domaine, simplement, avec une informatique saine, et l'utilisation saine des services numériques. C'est un premier pas pour vous affranchir de la malbouffe informatique.

@sphakos
I also hadn't realised that they enforce the blockade of Cuba.
We'll be closing our account and migrating our databases.

@sphakos Oh no, we JUST set up MailChimp. Thanks for sharing.

Noob question, but does changing platforms necessarily mean asking everyone to subscribe again? (I'm in Europe, so GDPR compliancy is needed.)

@sphakos
Can I get some suggestions for alternatives that don't require me to have a CS degree to use? Please? I know Mailman and SendPortal work for the techies, but most of us are not going to be able to figure those systems out (much less maintain and troubleshoot them). Please, tell me something else I can use that is at least similar to MC in how much tech savvy I need to have to successfully use it.
@sphakos well, fuck. I know they have been saying they have a TOS update but I haven't had the energy to check it out myself so thank you so much for sharing this. 💛
@sphakos

Just saying it doesn't make it so. Still ... don't use MailChimp.

@sphakos also #MailChimp very likely violates #GDPR & #BDSG.

#NotLegalAdvice but with #CloudAct and other shit the only reason @maxschrems or @noybeu or anyone else from the #EU haven't sued them is because noone here uses that shit.

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A reliable and easy-to-use email newsletter tool. Keila is an Open Source alternative to Mailchimp that you can host yourself.

@sphakos As promising as it sounded, it seems Buttondown is not FLOSS. At least I couldn't find their source code in their GitHub organisation at https://github.com/buttondown-email
Buttondown

Buttondown has 9 repositories available. Follow their code on GitHub.

GitHub
@sphakos started using customer.io a month ago and it's way cheaper than MailChimp at scale
@sphakos I would like to know if/how @fastmail uses Mailchimp, and what they plan to do about this bullshit.
@sphakos wait… Mailchimp is an Intuit product? That alone is reason enough to never use it.
@sphakos I've set up Mautic and hope to switch to it. I'm also using Sendy right now (and offer Sendy for Authors and others at EponaMail.com). I've really enjoyed using Sendy, but Mautic allows me to use more tags and hopefully maybe automation? I've bookmarked this post and am so glad you made it.
@sphakos any ethical SaaS offerings out there for those who don't want to manage OSS?
@sphakos Today we moved our mailing list from MailChimp to PHPlist. It's rather clunky but open source and quite configurable.

@sphakos unfortunately I'm not surprised, it's owned by Intuit.

Thanks for the heads-up though, now I know what'll keep me busy this weekend.

@sphakos I've been switching my email away from Gmail, in part because I'm worried about Google feeding my email to its LLM. In the process I've changed my address with many mail lists I'm subscribed to, and most of them use Mailchimp.

I can't believe how rapidly this disaster is spreading.

@sphakos

If I know that mailchimp is using stolen goods, and continue to use it, then it's as if I am a fence for those goods.

But it doesn't absolve the thief, any more than burglars telling their fence that they're not liable.

Not that laws are always that logical, especially when corporations are the thieves

@cricketcrocker

@sphakos Throwing in a mention for Sendy which I have used with my newsletters for nearly seven years now - https://sendy.co/

You self-host the newsletter CMS and connect one of several services (Amazon SES, Sendgrid, Elastic Mail, or Mailjet) to deliver the emails.

They also have an "anonymous tracking" feature that aggregates open/click rates without reporting individual reader activity. Almost unheard of in this space.

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A self hosted newsletter application that lets you send trackable emails via Amazon Simple Email Service (SES) at 100x cheaper than other hosted solutions.