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Deeply concerned over new terms of service agreement

Forum|Forum|3 years ago
January 3, 2023
8 replies
111017 views

I was seeing that people were launching Photoshop and seeing an agreement they had to accept in order to launch it, and it sounded like anything at all being created or altered in Photoshop could be used by Adobe in any way they want. I did not see this same thing pop-up in After Effects, this morning. Does anyone know if this is being planned for After Effects as well? My concern is that clients will not allow me to use After Effects, at all, if any footage I use in it is being sent to Adobe to be used however they like.

Error or problem

Correct answer Kevin Stohlmeyer

Adobe has posted updated Terms with explainers:

https://www.adobe.com/legal/terms.html

and responses from an interview with Scott Belsky:

https://petapixel.com/2024/06/18/adobes-terms-of-use-controversy-provided-an-opportunity-to-improve/

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Rocketbottle

Inspiring

Treating loyal customers with indifference and arrogance year after year will bite you back eventually. Not the best time to raise the already expensive subscription price either.

Kevin Stohlmeyer

Correct answer

Community Expert

Adobe has posted updated Terms with explainers:

https://www.adobe.com/legal/terms.html

and responses from an interview with Scott Belsky:

https://petapixel.com/2024/06/18/adobes-terms-of-use-controversy-provided-an-opportunity-to-improve/

B

Bjørn Edvard

Participating Frequently

It's still a total, complete and unabridged sh*tshow though: "Adobe’s new Terms of Use include new gray sections, which contextualize individual sections of the Terms of Use. It is worth noting that these new “plain language” sections are not part of the legally binding Terms of Use agreement itself." Adobe needs to find a way to fit those "clarifications" into legally binding text that actually goes into the TOU. As is, they could legally do whatever they want and still be in the clear, regardless of "intent", which isn't impressing anyone (except you, apparently). Make it legal, make it binding, anything else is just white noise.

Ged_Traynor

Community Expert

I do not consent to content moderation of work that hasn't been deliberately uploaded by users to Adobe servers.

I am passionately against illegal exploitative imagery...but also, at the same time, passionately against an external body that wants to scan work for such imagery. Such actions should be only undertaken with the proper legal framework, in which case it would be fully justified.

We've all seen how limited these algorithmic scanners can be. And given the nature of artistic expression, not to mention issues around intellectual property and the nature of what is considered "offensive" according to social/political trends, there are too many ways for some system to make the wrong judgement on content that will inevitably result in false positives. Not to mention the ability for Adobe to data mine user content...that we seem to currently have too few tools to oversee or limit.

Of course it's understood that Adobe should disallow various imagery on their servers, but because of the above stated limitations of these scanning algorithms, should not be moderating private content that was never intended to be sent to Adobe servers.

The simplest solution would be for users to have access to versions of software without content moderation, and of course without the benefits of generative/neural features.

Again, this argument isn't some gateway to produce exploitative imagery...this is to limit how much external parties can make incorrect judgements on, and have access to, content that can affect users professionally and legally.

[ Revised content inserted by moderator at the request of @DarseZSzabo ]

@DarseZSzabo this is primarily a user to user forum, so you're not really addressing Adobe here, have a look at this related thread

https://community.adobe.com/t5/photoshop-ecosystem-discussions/photoshop-s-new-terms-of-service-require-users-to-grant-adobe-access-to-their-active-projects/m-p/14665634

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ace_cleg

Participating Frequently

Adobe sued by US, Government due to bad practices. Europe next ... Stealing client data, didn't you learn from whatsapp! I have now downloads Affinity and stopped paying my monthly subscription. Its also illegal to charge me per month in the UK if I'm not using the product. I haven't used it since this all started, thanks affinity for halfing your yearly prices to help us creatives!

Kevin Stohlmeyer

Community Expert

Hopefully we will have clarity and calming of nerves in a few days.

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Donka

Known Participant

Lets hope Adobe get their crap together instead and do whats right. Instead of calming of nerves, calming of their greed and control.

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ace_cleg

Participating Frequently

If they were, they would have done it. Adobe are hoping we will forget about it, what they don't realise is we are actively looking for ways around using Adobe products. What I can't understand is Adobe Acrobat reader is used as the secure document app that nearly all lawyers and other professional bodies use in the UK. Adobe legally cannot look at this information, this means Adobe products should be banned from the UK and another country that have tight data laws! Example I have a child abuse case and I'm using Acrobat as my secure documentation app, Adobe CANNOT look at this. It would be highly illegal!!!

Kevin Stohlmeyer

Community Expert

Everyone please read this update from Scott Belsky. More to come. Adobe is listening.

https://blog.adobe.com/en/publish/2024/06/10/updating-adobes-terms-of-use

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Donka

Known Participant

Adobe is not listening, they just realised that they are loosing customers.

Adobe does what ever makes them money, and now they are trying to cover up their crappy mistake.

If they are so listening, why not change the agreement, totally.

The part where some random person might watch my images in some check of content, is still discusting and dangerous.

D

dbeattie-rcb

Inspiring

Yes, everyone should be outraged at this situation and look for alternative software. QuarkXPress for layout, Affinty products as needed, plus numerous others. We are looking for other apps now and will be cancelling all our licenses unless the Terms of Service are corrected and replaced with new agreements.

That being said, the 'experts' here are not usually Adobe employees and do not deserve the rage directed at them (unless they are vigorously defending Adobe or are completely clueless as to the ramifications of this TOS requirement).

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Donka

Known Participant

Totally agree! But I don't get why all these adobe warriors come in and try to explain something thats totally nonsense!

this is hust a small part of adobes lack of privacy and integrity for their clients. They don't care at all and have never.

i would suggest everyone to have a look at all the processes going on in the background or processes contacting servers, its insane. There is no software that I ever used in my life that have such a non explainable activity.

Can't wait for affinitys own DAM software.

Kevin Stohlmeyer

Community Expert

Clarification from Adobe: https://blog.adobe.com/en/publish/2024/06/06/clarification-adobe-terms-of-use

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Donka

Known Participant

so the clarification is that they may, hurray, it is still terrible.

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Rick Gerard

Community Expert

The terms of service are published on the Adobe site. They only require that they can look at your work to help diagnose and solve problems with the software. There is no claim on copyright. Most of the terms of service explain that the software is licensed, not owned.

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Donka

Known Participant

"

4.2 Licenses to Your Content. Solely for the purposes of operating or improving the Services and Software, you grant us a non-exclusive, worldwide, royalty-free sublicensable, license, to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate the Content. For example, we may sublicense our right to the Content to our service providers or to other users to allow the Services and Software to operate as intended, such as enabling you to share photos with others. Separately, section 4.6

(Feedback) below covers any Feedback that you provide to us."

"reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform",

Rick tell me, how do you get that to

"They only require that they can look at your work to help diagnose and solve problems with the software."

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