March 29, 2008 3:54 PM PDT

Report: Complaints trigger rewrite of Photoshop Express terms

It appears Adobe is quickly responding to concerns about a surprising clause in its terms of service for Photoshop Express, the free Web-based software launched Wednesday that has otherwise been well-received.

Photoshop Express

Users were taken aback by a clause that basically gives Adobe the right to do anything it wants with their photos. As CNET's Lori Grunin first pointed out in her review on Webware, the clause in question goes like this:

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 sublicensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content and to incorporate such Content into other Materials or works in any format or medium now known or later developed.

Grunin's response: "I'm going to give Adobe the benefit of the doubt and assume someone forgot to put the choke collar on the lawyers, letting something this undesirable slip through." And she was right on the money, at least according to a report from Adobe blogger John Nack, who contacted Adobe with concerns about the terms of service.

Nack wrote that he got a note back from the Photoshop Express team Friday stating that it agrees that the clause "implies things we would never do with content," and therefore the legal team is making it a priority to post revised terms.

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Add a Comment (Log in or register) 25 comments (Page 1 of 2)
I'm SURE that revising their terms of service is a TOP priority...
by totalmonkey March 29, 2008 5:59 PM PDT
"We have top men working on it now." "Who?" "Top... men."
Reply to this comment
Adove express
by joyer1 March 29, 2008 6:58 PM PDT
"Top men are working on it". Believe for a minute this was merely the work of overzealous lawyers? This is really what one would expect from the Adobe chutzpah attitude.
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Online Photoshop
by bongo bates March 29, 2008 7:58 PM PDT
No, no, and no again. I don't post anything to any site that claims ownership in any way over my content. Period! Much of what PhotoShop does can be done with other software. This is just another example of the arrogance of Adobe. Don't blame it on the lawyers. They work for management! The fine print is corporate policy. Read and act accordingly!
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Account
by Jack K1 March 29, 2008 8:18 PM PDT
I have an account with Adobe Express. I posted a test photo, but it's private. I'm thinking about posting a public photo, though. Subject: my erect middle finger. J.
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Terms Updated
by victorcab March 29, 2008 8:23 PM PDT
What other product would have those terms. Had to be an oversight the lawyers didn't really know about. You shoot pictures and give them to us to make money and you get nothing, well you get to use our software.... That doesn't work. MySpace learned a valuable lesson on this as well. It didn't take very long to fix the terms.
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Why???
by ethana2 March 29, 2008 8:30 PM PDT
...would anyone who doesn't /need/ native CMYK even agree to a EULA at all? The GIMP works fine for all my purposes-- I can't even begin to think how slow an online advanced image editing system would be.
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Other bad terms still there today
by C|net|newshound March 29, 2008 8:53 PM PDT
Granting not only Adobe but also "all other users" of the site all of these rights: By posting or otherwise submitting Images, you grant to Adobe and all other users of this Site permission to use your Images in connection with their use permitted by these Terms of Use (including making prints and gift items incorporating such Images), including an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate, transmit and reformat your Images, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution. You will receive no compensation with respect to the use of your Images.
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Adobe BAD FAITH
by vertical2010 March 29, 2008 9:11 PM PDT
This is one of the most outragous breaches of faith I have ever seen - attempting to legally abscond with customers intellectual property. Blaming it on rogue lawyers doesn't wash - I don't buy it for a second. Adobe tried to pull a fast one to enhance the bottom line. If not, come clean. Tell us EXACTLY how this transpired and which lawyers or firms have been let go because of it. You owe your (previously?) loyal customers that much. For users: I suggest boycotting Adobe products until the above is accomplished.
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The whole system seems a 'black hole' to me
by psneeley March 29, 2008 10:08 PM PDT
I tried PS Express. What a disappointment. It's one way. Once you upload an image, how can you get it back out and down to your desktop? You can't. Hence, the tool is useless for my needs. The world does not need another photo-sharing service IMHO, no matter how neat the editing tools. I had hoped to upload, edit, and the download the edited images . . . but nothing escapes the Black Hold of PS Express . . . nothing. No thanks! I'll stick with other tools.
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Free publicity
by Refracto March 30, 2008 8:46 AM PDT
If Adobe wanted to buy the thousands of news articles they got by putting in silly EULA terms it would have cost big bucks. Have we been had?
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