Many features still in Beta?

[turner111]

I was under the impression that one of Firefly's most useful features was that the images could be used commercially, as they are being based on a closed, controlled ecosystem.

I was considering using it for commercial work, but apparently, this still isn't the case:

"Outputs from beta features can be used commercially unless otherwise designated in the product or elsewhere, but they aren't eligible for indemnification while in beta."

(Emphasis is mine.)

From this page.

So, this seems to say that yes, you can use it commercially, but you can be sued. Am I interpreting this correctly?

/

[Kevin Stohlmeyer]

@turner111 you are talking about two different solutions. Those features in Firefly (not in beta) are available for Commercial use. In Photoshop, they are still being developed and are considered beta.

[turner111]

Hi Kevin, 

I'm addressing indemnification, not commercial use. As noted, Photoshop's AI generated content, as specified in my link, can be used commercially, but its use does not provide legal protections.

I assume this means Photoshop is using a different version of AI generation, which may be drawing from otherwise copyright-protected content.

[droopydog500]

Those beta features are in the beta version of Photoshop, not the production version. If you want the indemification coverage, continue to use the general release version of Photoshop.

[turner111]

The asterisk and text specify a beta feature, rather than a beta host application:
"Reference Image (Beta*)"
"*Outputs from beta features can be used commercially unless otherwise designated in the product or elsewhere, but they aren't eligible for indemnification while in beta."

Obviously, "unless otherwise designated in the product or elsewhere" isn't very helpful, but that's a different issue.

[droopydog500]

Yes, I think that table is ambiguous or incomplete. It should say "beta features in beta version of Photoshop".

[Kevin Stohlmeyer]

@turner111 Here is the specifics on Indemnification: https://helpx.adobe.com/legal/product-descriptions/adobe-firefly.html

[turner111]

Thanks - I'll check it out.

[turner111]

Unfortunately, I'm just not getting a better understanding from this.

Is there anyone from Adobe that can provide a current, clear guide to what end users, at any particular moment, can and cannot do without exposure to litigation?

"Eligible Firefly Features (1)"
"(1) Excludes any (A) capabilities that Adobe may develop that are denoted in the user interface as being powered or provided by non-Adobe trained models and (B) any features designated as “beta” or accessed within a surface labeled as “beta.” Features may not be available on all surfaces."

"Eligible Firefly Surfaces (1)"
"(1) Eligible Firefly Feature(s) are not guaranteed to be available on all surfaces."

[droopydog500]

I do not work for Adobe, but will try to be clear: Do not use the beta version of Photoshop. Use the general release version.

[Kevin Stohlmeyer]

@turner111 if you want a direct answer from Adobe you would have to contact customer care. This is a user-to-user support forum.

[turner111]

And yet, Adobe employees answer in these support forums (tagged below)... when it's actually possible to answer, of course 😉

In this case, based on previous attempts to contact Adobe directly - well, I'll try again, but it hasn't been useful in the past. I anticipate being sent to the same page referenced earlier. Maybe it'll be different this time?

Since it's inherently a legal issue, in my opinion, it should be addressed in a way that's clear and easy for a layperson to interpret without undue research.

@Amal. 

[Kevin Stohlmeyer]

That user is not badged as an Adobe employee so take caution.

[turner111]

Not sure what you mean - can you clarify? - here's what I'm seeing:

[Kevin Stohlmeyer]

Normally Adobe Employees have a badge in their profile, much like the blue verified checkmark.

The badge is used to prevent fraud.

I've posted a note internally to confirm.