Expectations Matter, Even If You're Not 'A Customer'

from the false-distinctions dept

We recently had a discussion about law professor Eric Goldman's complaints about Scribd, after the site, which he'd been using regularly to upload and share legal documents, quietly put up a paywall on older documents without making that clear to users. Suddenly, many old documents that Goldman had thought he was sharing with the world, were hidden behind a lock and key, unless you paid up.

While many people agreed that this was a mistake on the part of Scribd, in talking with Goldman separately about this, he noted that a few people strongly disagreed with his position, and noted (accurately) that he was getting a free service from Scribd, and thus he was "not a customer" and shouldn't complain at all. We received a few similar comments here, effectively suggesting that if you're not paying, you're not a customer and, thus, have no right to complain.

This is silly -- and wrong. It's where the often artificial distinction between "customer" and "user" and "product" gets blurry and, at times, questionable, especially in the realm of "user-generated" content. There are more ways to "pay" than with money. In Goldman's case, he's actually been "paying" Scribd by providing it with valuable, sought-after content that he uploads. Scribd is "paying" Goldman with free hosting, bandwidth and services. Advertisers are "paying" Scribd with money. Users are "paying" Scribd with their attention. All are "customers" in some sense, while also being users and, potentially, "the product," as well. Focusing only on the relationships where actual cash exchanges hands misses the point (greatly).

Once you realize that, it makes perfect sense for Goldman to complain. He was using the service under pretty explicit terms that he was providing these documents to share them with the world. Scribd unilaterally (and quietly) changed those terms on him, to something completely different. In turn, by pissing off Goldman, and having him seek alternatives, Scribd is actually harming its overall site. Even if you accept the narrow definition of "customer," to suggest that Scribd's only customers are their advertisers, pissing off Goldman should still be seen as a problem, because as Goldman uses alternative services, it lessens the "product" that Scribd can offer to those particular "customers."

So rather than going with the kneejerk, "well, if he's not paying for it, he has nothing to complain about," it's important to look at the overall ecosystem, and how different pieces are "paid" in different ways -- and how upsetting one key element of that ecosystem, can harm all sorts of "customers."

Filed Under: customers, user generated content, users
Companies: scribd

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  1. identicon
    Anonymous Coward, 21 Sep 2010 @ 10:18pm

    Scribd doesn't own that content.

    Scribd doesn't own that content, regardless of what their TOS might or might not say.

    Scribd offered free services and people uploaded documents for the good of others.
    By erecting a paywall, Scribd is claiming those documents as their own.
    Clearly this is wrong, since no one would have uploaded documents to benefit Scribd. Only to benefit others.
    Scribd is essentially appropriating other person's property that was entrusted to them in confidence. The posters had an expectation that information would be available freely to others. Or they would never have uploaded it for free.

    Know what other website that is doing this?
    People posted their knowledge on numerous subjects gratis to benefit others- millions of posts. High level technical knowledge, too, collected over several years time.
    Now, we get incessant spam trying to sell us "corporate accounts", so we can look up information posted to their site for the benefit of others, not for them.
    They misappropriated that knowledge. It's not *theirs*.
    Regardless of what they wrote in their TOS.

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