Happy
04/04/2008, 09:51 AM
Adobe last week released the beta version of Photoshop Express, an online, Flash-based image editing tool. (Photoshop Express isn't Photoshop. It isn't even Photoshop Elements. This application is based in Flash)
While most people don't bother to read the EULA (end-user license agreement), sometimes it can be a useful exercise. Adobe included a clause in the EULA that comes with Photoshop Express that make a few people nervous.
At the moment, Clause 8 of Adobe's General Terms (https://www.photoshop.com/express/terms.html) says, in part, "Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed."
In other words, Adobe has full use of your photographs and can even use them in their products or sell them as clip art.
According to several sources, including Ars Technica (http://arstechnica.com/news.ars/post/20080329-adobe-joins-list-of-companies-not-reading-own-eulas.html) and blogger John Nack (http://blogs.adobe.com/jnack/2008/03/a_note_about_ps.html), Adobe has agreed that this is not the most user-friendly clause imaginable, and will alter it by crafting a new license agreement. Until then, buyer beware.
While most people don't bother to read the EULA (end-user license agreement), sometimes it can be a useful exercise. Adobe included a clause in the EULA that comes with Photoshop Express that make a few people nervous.
At the moment, Clause 8 of Adobe's General Terms (https://www.photoshop.com/express/terms.html) says, in part, "Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sub-licensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other Materials or works in any format or medium now known or later developed."
In other words, Adobe has full use of your photographs and can even use them in their products or sell them as clip art.
According to several sources, including Ars Technica (http://arstechnica.com/news.ars/post/20080329-adobe-joins-list-of-companies-not-reading-own-eulas.html) and blogger John Nack (http://blogs.adobe.com/jnack/2008/03/a_note_about_ps.html), Adobe has agreed that this is not the most user-friendly clause imaginable, and will alter it by crafting a new license agreement. Until then, buyer beware.