Skip to main content
March 21, 2009
Question

Protecting our Copyright from being Misappropriated.

  • March 21, 2009
  • 58 replies
  • 5699 views
Before anyone posts ANY image in the New Forums, it is essential that they re-read Adobe's TOS and particularly the wording (and implications) of Clause 8.

Adobe has given themselves the power to purloin any "Content" posted or displayed on their web sites (meaning our original art and photographs) for ANY purpose, anywhere, and in perpetuity

Adobe's Legal Department need to address this matter with some urgency because the risk of loss of Artists' Rights is already damaging participation in some Forums severely:

The Photography Forum is one example as shown in these threads:

http://www.adobeforums.com/webx/.59b85627/

Wade Zimmerman, "So is the photography forum dead or grasping for its last breath?" #, 19 Mar 2009 12:27 pm
    This topic has been closed for replies.

    58 replies

    Ramón G Castañeda
    Inspiring
    March 23, 2009
    Dov,
    >A similar brouhaha erupted last year over similar TOS on the photoshop.com website. Ultimately, Adobe Legal added wording to clear up what the whole issue

    That's what I keep saying. Glad to hear it confirmed by THE Bear. ;)

    Thanks. :)
    March 23, 2009
    John:

    Excellent.

    I think that it is extremely important for both sides to be absolutely clear as to what rights are being granted and also what rights are protected.
    John_Cornicello_Photo
    Inspiring
    March 23, 2009
    Working on it. Legal departments are not always the fastest operations (for many good reasons) to get a response from.
    March 23, 2009
    >nobody reads post #3.

    But that would just be that particular lawyer's "opinion" of what Adobe's TOS might mean.

    As far as I am concerned, I believe that we need to have a clear Statement in the TOS from Adobe that sets Limits so that User's Content can ONLY be stored on Adobe's Servers and disseminated in connection with the Forum or web site on which it was posted.

    It should also state that Adobe will NOT convert such material for other purposes or reproduction without written permission of the Copyright holder.
    Dov Isaacs
    Legend
    March 23, 2009
    A similar brouhaha erupted last year over similar TOS on the photoshop.com website. Ultimately, Adobe Legal added wording to clear up what the whole issue was about and I suspect John Cornicello will arrange for similar clarification here.

    In a nutshell, the key words in this "license" are for the purpose of enabling your use of the Service. Adobe claims no ownership of end users' content or any rights beyond those necessary to show the web page with the messages and content that you have posted. If you don't provide those rights to Adobe, it cannot legally display the page at all! It is unfortunate that these "great legal minds" cannot, at least on the first pass, provide wording that doesn't evoke all sorts of conspiracy theories such as those opined in this thread.

    - Dov
    - Dov Isaacs, former Adobe Principal Scientist (April 30, 1990 - May 30, 2021)
    March 23, 2009
    Crap, I need to go buy a tin foil hat now. This Devo hat is just not cutting it anymore. :)
    March 23, 2009
    Thank you for that.
    March 23, 2009
    PJonesCET
    Participating Frequently
    March 23, 2009
    Adobe employees don't frequent these forums. They are user to user forum. They are used to keep consumers out of the hair of adobe corporate.
    Mark_A__Boyd
    Inspiring
    March 23, 2009
    And that, Bob, is _____________________ the bottom line.

    Hopefully all the messages posted around here and the new forum has caught their eye.