[comp.org.eff.talk] EFF and Prodigy

brad@looking.on.ca (Brad Templeton) (12/18/90)

In article <1990Dec10.211625.9536@eff.org> mkapor@eff.org (Mitch Kapor) writes:
>	Although EFF is not involved at the moment in any activities 
>directly relating to the Prodigy dispute, we believe that the dispute 
>touches some basic issues with which we are very concerned, and that it 
>illustrates the potential dangers of allowing private entities such as 
>large corporations to try and dictate the market for online electronic 
>services.
>

My personal opinion is that the EFF can do little but stand (almost)
wholly behind Prodigy on this one, as distasteful as that may sound
to some.

It is my impression that one of the EFF's goals is to get lawmakers to
realize that electronic publication deserves all the rights and
protections that more traditional forms get.

That means full first amendment protection for electronic publication, and
no government interference.   We must realize that the 1st amendment to
your constitution is a double-edge sword, however.  You must be prepared to
vigourously defend the right to publish in ways you don't like.

Prodigy has made it clear from day 1 that they view themselves as an
edited publication.   I feel it goes against what I feel are the EFF's
principles to even suggest to them what they should or should not publish.
The EFF should be fighting for their right to publish and operate as they
see fit.   Only the market and the will of Prodigy's owners should influence
it.

(I do not say that Mitch was attempting to tell Prodigy what to publish
and what not to.  I merely say that I think the EFF's role should be to
defend their right to make that decision.)

The one mitigating factor here is that Prodigy made a serious mistake and
actually told people to take discussions into E-mail.   They did not realize
how much traffic that would generate, with some users sending thousands of
messages per day.   So we can sympathise with those users who were told to
go to E-mail and later told that this avenue would only be open to them at
a high added cost.   But this was a bad business decision, and nothing
more, in my opinion.  It will lose them customers.

Many people don't realize the economics of offering flat rate service.
Flat-rate services only pretend to offer unlimited use.  They do this under
the assumption that few, if anybody, we really take them to the limit.
If too many people take you up on it (as happened with PC Pursuit and now
Prodigy) you just can't offer flat rate any more.  It's a fact of business
life.

The problem is that computers magnify this difficulty.  With a computer
you can use far more of a flat rate service than a human being could alone.
Thus PC-Pursuit broke down when people started making permanent connections
or running USENET feeds.

We can, of course, encourage Prodigy to offer a more unrestricted
service.  In fact GEnie, where I am a SYSOP, is getting a lot of mileage out
of the fact that their new flat-rate service offers things that are more a
forum than a magazine.   But it must be up to the market, in the end, to
decide between Prodigy, GEnie and a zillion other forum services of all
kinds.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

steve@Advansoft.COM (Steve Savitzky) (12/18/90)

In article <1990Dec17.195846.6364@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:

  In article <1990Dec10.211625.9536@eff.org> mkapor@eff.org (Mitch Kapor) writes:
  >	Although EFF is not involved at the moment in any activities 
  >directly relating to the Prodigy dispute, we believe that the dispute 
  >touches some basic issues with which we are very concerned, and that it 
  >illustrates the potential dangers of allowing private entities such as 
  >large corporations to try and dictate the market for online electronic 
  >services.
  >

  My personal opinion is that the EFF can do little but stand (almost)
  wholly behind Prodigy on this one, as distasteful as that may sound
  to some.

  ...

  Prodigy has made it clear from day 1 that they view themselves as an
  edited publication.   I feel it goes against what I feel are the EFF's
  principles to even suggest to them what they should or should not publish.
  The EFF should be fighting for their right to publish and operate as they
  see fit.   Only the market and the will of Prodigy's owners should influence
  it.

BUT: Prodigy claims to be offering an electronic *mail* service as
well.  There have been some claims that private email is being read;
this ought to be considered illegal, if true.  And adding a surcharge
for mail onto what they advertise as a flat-rate service could
certainly be considered a bait-and-switch scam.

It is also not clear what the legal status of something that gives the
appearance of a public-access forum *ought* to be.  For example, even
though shopping malls are private property, they are considered to be
sufficiently "public" that they are not permitted to restrict free-
speech activities.  Since Prodigy is presenting itself as a kind of
electronic shopping mall, the same kind of rule should perhaps apply.

--
\ --Steve Savitzky--  \ ADVANsoft Research Corp \ REAL hackers use an AXE! \
 \ steve@advansoft.COM \ 4301 Great America Pkwy \ #include<disclaimer.h>   \
  \ arc!steve@apple.COM \ Santa Clara, CA 95954   \        408-727-3357      \
   \__ steve@arc.UUCP _________________________________________________________

seals@uncecs.edu (Larry W. Seals) (12/18/90)

In following this thread, I have read about unauthorized intrusion into
corporate computer systems, privacy issues and Prodigy.  But I recently
stumbled upon another thread in comp.risks concerning the supposed
ability of Prodigy to "reverse access" your computer, check the version
of Prodigy software you are running and if registered, automatically
upgrade your copy to the newest rev (which implies that if the software
is not registered they can shut off your Prodigy access?).  In an
interview in the Christian Science Monitor (memory does not serve, I
read this in comp.risks earlier in the week), a supervisory type was
asked about Prodigy's remote access of a user's system and the possible
potential for abuse.  The supervisor answered something to the effect
of "...that would never happen here!"

Never?  A close friend has decided to stop using Prodigy after reading
about this.  His reason echoes mine - if someone wants access to my
system, they better damn well ask!

**********************************************************************
              *                | Larry Seals @ Trailing Edge Software
             / \               | "When it doesn't have to be 
            /   \              |   best!"
           /_____\  Merry      |"I thought ESPN was the telepathy
              #    Christmas!  | channel!" - Matt Frewer as Dr. Mike
                               | Stratford (Doctor,Doctor)
***********************************************************************

brad@looking.on.ca (Brad Templeton) (12/19/90)

I doubt that Prodigy is reading private e-mail.  That's clearly illegal.

It is somewhat ironic.   A year ago, people would have called 25 cents/message
electronic mail a price breakthrough, cheaper than MCI, Dialcom, etc.

Now GEnie has unlimited E-mail and a few others do to, but it's still the
exception.   Right now it's a fact of business that you can't allow
unlimited e-mail and mailing lists of thousands of people and make money.
I expect that to change with time, but what's the surprise today?

Recall that Prodigy doesn't run ads over the E-mail, either.

I think the only way GEnie will escape is that it doesn't offer mailing
lists in the unlimited-use service.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

mnemonic@eff.org (Mike Godwin) (12/20/90)

In article <1990Dec19.064520.1529@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:
>
>It is somewhat ironic.   A year ago, people would have called 25 cents/message
>electronic mail a price breakthrough, cheaper than MCI, Dialcom, etc.
>
>Now GEnie has unlimited E-mail and a few others do to, but it's still the
>exception.   Right now it's a fact of business that you can't allow
>unlimited e-mail and mailing lists of thousands of people and make money.
>I expect that to change with time, but what's the surprise today?

It is also ironic that the Prodigy protestors weren't really interested
in unlimited e-mail to begin with. What they wanted was the ability to
engage in conference discussions without going through censors and without
having public discussions abruptly removed.

Prodigy management's advice was to take it to e-mail. Which they did.
Only *then* did Prodigy get worried about the volume of e-mail and
institute a usage charge.

They clearly created their own problem.

The Prodigy protest is only tangentially about unlimited e-mail.




--Mike




-- 
Mike Godwin, (617) 864-0665 |"If the doors of perception were cleansed
mnemonic@eff.org            | every thing would appear to man as it is,
Electronic Frontier         | infinite."
Foundation                  |                 --Blake

cyberoid@milton.u.washington.edu (Robert Jacobson) (12/20/90)

The issue not dealt with by Brad Templeton is whether in fact Prodigy,
as a service integrator and provider of transactions among parties
other than itself, is merely a publisher or something else more akin
to a public market.  If the latter, which we can debate but which will
only be resolved by the law, then the publisher argument goes out the
window.  Weren't the people issuing messages on Prodigy, particularly
if they were multiple messages, publishers of a sort, too?  

Bob Jacobson

brad@looking.on.ca (Brad Templeton) (12/21/90)

In article <13281@milton.u.washington.edu> cyberoid@milton.u.washington.edu (Robert Jacobson) writes:
>
>window.  Weren't the people issuing messages on Prodigy, particularly
>if they were multiple messages, publishers of a sort, too?  

No.  According to Prodigy's official stand, they are the authors of letters
to the editor of a magazine.  As such, they have no rights, other than the
right not to have their message altered to say other than what the author
intended it to say.

Prodigy takes this stand because it is a well defined stand in the law.
In a posting I made to comp.org.eff(.news) a month or two ago, I defined
4 classes of electronic interaction, of which is this is one extreme,
and something alike to a common carrier is the other.    We have little law
yet to deal with the middle classes, in which things like GEnie,
rec.humor.funny and USENET belong.

Whatever their customers believe, my own readings of statements from Prodigy
officials, and my own brief chats with them at the VIA conference, they
want to sit firmly in the publisher end of the spectrum, no doubt because
it is the only one that is well defined.   There is some question that they
have misled their users on this -- that would be up to a court.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

mnemonic@eff.org (Mike Godwin) (12/21/90)

In article <1990Dec20.181029.29613@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:
>
>Whatever their customers believe, my own readings of statements from Prodigy
>officials, and my own brief chats with them at the VIA conference, they
>want to sit firmly in the publisher end of the spectrum, no doubt because
>it is the only one that is well defined.   There is some question that they
>have misled their users on this -- that would be up to a court.

I have just heard that Prodigy has recently come to an agreement
with the Texas attorney general. They are to reimburse the AG for
investigation charges, and offer refunds to all Prodigy subscribers
in Texas who subscribed after direct-mail solicitation.

Turns out that the direct-mail materials didn't mention a user
fee for e-mail.

I've seen some Prodigy materials, and it is clear that the
e-mail and conferencing systems are highly stressed.



--Mike




-- 
Mike Godwin, (617) 864-0665 |"If the doors of perception were cleansed
mnemonic@eff.org            | every thing would appear to man as it is,
Electronic Frontier         | infinite."
Foundation                  |                 --Blake

jonl@pro-smof.cts.com (Jon Lebkowsky) (12/24/90)

In-Reply-To: message from mnemonic@eff.org

The thing I think it's important to remember about Prodigy is that they're not
about telecommunicating, they're about marketing. Prodigy is essentially an
online catalog. The news, weather, and email features are included to attract
users. It's like a magazine that exists to run ads, where the content is not
the reason for its existence.

They pull out the controversial stuff for the same reason a restaurant cook I
worked with a hundred years ago wouldn't let me put pepper in the mashed
potatoes: it might offend somebody with a sensitive palate.

What's good about Prodigy, to me, is that it has defined some of the issues of
telecommunicating that we desperately need to discuss before we go much
further...and these issues touch some pretty heavy political issues...how we
should run our 'democracy,' if that's what it is, and how that fits with the
impact of 21st century electronic media.

The decisions we make now will shape our future 'way beyond the mere issue of
whether email will be censored or whether databases will be regulated.

mnemonic@eff.org (Mike Godwin) (12/25/90)

In article <6506@crash.cts.com> jonl@pro-smof.cts.com (Jon Lebkowsky) writes:
>In-Reply-To: message from mnemonic@eff.org
>
>The thing I think it's important to remember about Prodigy is that they're not
>about telecommunicating, they're about marketing. Prodigy is essentially an
>online catalog. The news, weather, and email features are included to attract
>users. It's like a magazine that exists to run ads, where the content is not
>the reason for its existence.

Then why do their print and direct-mail ads stress telecommunication?
It is this focus of their ads that led the Texas Attorney General
to investigate them.

>What's good about Prodigy, to me, is that it has defined some of the issues of
>telecommunicating that we desperately need to discuss before we go much
>further...and these issues touch some pretty heavy political issues...how we
>should run our 'democracy,' if that's what it is, and how that fits with the
>impact of 21st century electronic media.

I agree. The Prodigy case is very instructive. Prodigy's management
is uninterested in providing the services that their clients want.



--Mike




-- 
Mike Godwin, (617) 864-0665 |"If the doors of perception were cleansed
mnemonic@eff.org            | every thing would appear to man as it is,
Electronic Frontier         | infinite."
Foundation                  |                 --Blake

brad@looking.on.ca (Brad Templeton) (01/03/91)

I am not sure that Prodigy's management is uninterested in providing
what their clients want.  I just think they want other clients.  :-)

I've talked to Prodigy people and it's clear from the start that their
goal was not to create a flat-rate Compuserve.

They are looking for another market, a market that they believe is the
big one down the road.

However, when they started, they got a lot of people who were looking for
that flat-rate CIS.  And, of course, the more active, aware, and opinionated
users are the non-online-virgins, and they are the ones who wanted a cheaper
version of what they had.

I think Prodigy is too early.  There will eventually be a market for what
they call the Dinsey of the online world.  It isn't now, however.

I see them as torn between what they want their service to be on one hand,
and the fact that they have to show some success today on the other.  To
get success today, they need the business of the existing online
community that wants flat rate "traditional" online service.   But that's
not where they intend to go in the future.

Without the huge financial backing it's got, it would have died a while
ago.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

glass@portia.Stanford.EDU (Brett Glass) (01/03/91)

>
>I think Prodigy is too early.  There will eventually be a market for what
>they call the Dinsey of the online world.  It isn't now, however.
>

Of course, Disney largely produces pap nowadays; they're nowhere near
as gutsy as when old Walt was in charge. But Prodigy is different
still. I tend to think of Prodigy as a cross between USA Today and
those TV channels which pre-empt your favorite shows for
"infomercials."

I think the trend toward "flat rate" services is a bad one. If you've ever
eaten at an "all you can eat" buffet, you'll understand the problem: there's
no way to maintain quality when you can't limit the portions.

"Stodigy" may survive, but I doubt it will ever make a profit.

<BG>

jonl@pro-smof.cts.com (Jon Lebkowsky) (01/07/91)

In-Reply-To: message from mnemonic@eff.org

Mike Godwin asks, possibly rhetorically, why Prodigy stresses
telecommunicating in their advertising. Perhaps the best analogy would be the
robust naked women on the covers of Penthouse and Playboy: it's a lure.

Magazines, commercial television networks, etc dangle content before us as a
baited hook. We bite, and swallow the hook with the worm.

Someone else in this conference disdained my criticism of Prodigy as
unwarranted. I believe he said that his kids like to use Prodigy. Well, I
would like to look at this sort of thing critically: those devices that feed
our consumerism make us feel good, but they're rubbing our tummy while they're
picking our pocket. That's a sham. Consumerism may be pervasive in America,
but I hope and I pray that it's not all this country is about, because if it
is, we ain't got much left.

(Incidentally, thanks to Mike and to EFF for taking a stand to protect our
online freedom)

justin@inmet.inmet.com (01/08/91)

>I am not sure that Prodigy's management is uninterested in providing
>what their clients want.  I just think they want other clients.  :-)
>
>I've talked to Prodigy people and it's clear from the start that their
>goal was not to create a flat-rate Compuserve.
>
>They are looking for another market, a market that they believe is the
>big one down the road.
> ...
>Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

Bingo. The important thing to remember here is that Prodigy was *not*
originally conceived of as a telecommunications product. Once they started
realizing the importance of telecomm, they added it in, but it was
a minor detail in the early days (back when the company was still called
Trintex, and still involved CBS).

Think back about ten years -- that's when this product was originally
dreamed up. The big buzzwords then were "teletext" and "videotex", and
that's the environment that Prodigy grew out of. It was intended to be
an information *provider*, not an information *communicator*. It's
never been important in the design, so it's never worked very well.
My suspicion is that they were taken *very* off-balance by the enormous
demand for the telecomm side of the system, and still haven't figured
out how to deal with it...

For what it was designed to do, Prodigy works fairly well -- that is,
everything *except* the bboards and the email. Hopefully, they'll wake
up and start dealing with the latter two correctly sometime soon...

				-- Justin du Coeur

kadie@cs.uiuc.edu (Carl M. Kadie) (01/10/91)

In <1991Jan3.175849.5314@eff.org> mnemonic@eff.org (Mike Godwin) writes:
[...]
>It seems likely to me that there was a divergence between how Prodigy
>management saw their service and how Prodigy's marketing folks decided
>to characterize it.
[...]

Has anyone else seen the latest TV commercial for Prodigy? In it,
the graphics appear on the screen almost instantly. It looked
to me like a divergence between Prodigy's marketing folks and
reality.
--
Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign
Fourth Amendment (War-on-Drugs version): The right of the people to be secure 
in their persons shall not be violated but upon probable cause 
*or for random urine tests*