Why I Don’t Care About Medium New Terms
Even if I’m aware of what they mean.
No, I’m not gone nuts. I know that the update is not a rewording. And I’m not happy with it.
Medium recently announced an update of the Terms. However, they claim that the new terms correspond to the same terms of the previous text. Just a matter of language. The substance should remain untouched.
Many have doubts.
For example, “…you grant Medium a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use…”. Well, I don’t find “sublicensable licence” in the previous terms, and this changes a lot. But Medium affirms that “You are NOT granting us permission to use your content outside of the Medium network.” How can they affirm that with “sublicensable license” there is a mistery. “This license applies to our Services only” is there as a patch, yes, still it conflicts with “sublicensable,” and I fear that you could discover its solidity at the wrong time.
In the words of Ev himself, “we are not claiming any new terms around licensing that weren’t there before.”
If Ev Williams tells that, it must be true. At least, you can bet that it’s true for anyone at Medium.
Honestly, they removed “Medium may enable advertising,” so maybe they’re just compensating for that.
Many complained or shared thoughts about the “update” (excellent reflections from Holly Jahangiriy, for example). And I agree with most of them. Medium even reworded the terms in part, after the uprising.
Still, the thing can’t take on me like it could have done a couple of years ago.
Actually, I don’t care.
Or, I care about sharing why I don’t care, because it can be useful for other writers, but I don’t care about the terms, nor they won’t change my habits on Medium.
A quick look at the terms tells that Medium can do quite anything with your content:
“Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Medium a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.”
You “retain your rights,” but they also do. They can modify and distribute your content anywhere, anyhow. And they can sublicence what you’re granting them. Isn’t that enough, without reading more?
Isn’t it clear to a blind that “modify,” “translate,” “create derivative works,” and all the other passepartout expressions are a huge extension of the previous “reformatting?”
You’d like some framing, there, uh? Me too.
But now, let’s imagine that the terms had not changed.
Could you say something, if they acted outside the “Terms”?
If you live in California, maybe. If you live in the US and have enough time, maybe.
If you live outside the US, you practically have no protection. Can you sue them, considering that your writing didn’t make you a millionaire?
Let’s face it. That’s their company, and unless they piss off a significant part of their customers or blatantly break laws, they can practically do whatever they want. They usually don’t, but they could.
Also, your writing platform has never been their priority. You still have a profile that sucks. You still have no custom domain. You still don’t own your mailing lists.
This is not your writing home. Let’s face it. It may sometimes feel like it is, but it’s not.
I learned the hard way what it means. I invested in a publication, and it suddenly closed. I invested months in Narrative. I got good results, and it shut down. I have a few stories on Hackernoon — a popular tech publication — and I’m still trying to remove my stories there after months. Practically, they’re holding my stories hostage.
Not speaking of life outside writing.
I’m nobody. My opinion doesn’t matter, especially to Medium. Their copy&paste replies won’t change because of some terms, nor will the features of the “service.”
All they care about is their pop magazine. If you want real visibility, you must be in sync with their editorial taste. If you want full control of your content, be aware of the terms, keep your stories stored elsewhere, and pay attention not to have your account banned (If it didn’t happen till now, it doesn’t mean that it can’t. “We reserve the right to suspend or terminate your access to the Services with or without notice.” With no explicit word about the termination of the rights you granted to them.).
Sometimes, gathering voices matters. Sometimes it changes things.
On Medium, it doesn’t happen that often. How could?
This is not a democracy. Nor a dictatorship. Simply, this is not a state; this is a company. And companies do unwanted changes only under serious pressure. Even if a hundred would speak, or a thousand, the reality is that the majority of the members sign without reading, as we all too often do, and don’t care until they discover the hard way. And you can’t change that.
Or, if you can, I can’t. I don’t have any energy for that.
I hardly have enough energy to write and to promote my writing. And to earn a living. And to everything else.
I know for long that Medium is not and can’t be home for my writing. Medium is useful for me, and I am just a customer for them. That’s all the deal. I love the community, they have the MPP and the highlights, and I don’t find alternatives. I’ll stay as long as I see it as useful and I find good people to connect with. But Medium didn’t gain my loyalty.
They already don’t give a shit about my writing platform, and I need to build it elsewhere. Terms can’t change that.
