LR: Updated terms and conditions

Started Sep 29, 2022 | Discussions thread
NAwlins Contrarian Veteran Member • Posts: 9,227
Thorny issues
1

I don't trust Adobe. I found this in the latest update:

Is this cloud only or everything we import to LR? 4.2 in particular is very interesting

4. Your Content.

4.1 Content. “Content” means any text, information, communication, or material, such as audio files, video files, electronic documents, or images, that you upload, import into, embed for use by, or create using the Services and Software. We reserve the right (but do not have the obligation) to remove Content or restrict access to Content, Services, and Software if any of your Content is found to be in violation of the Terms. We do not review all Content uploaded to the Services and Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).

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

4.3 Ownership. As between you and Adobe, you (as a Business User or a Personal User, as applicable) retain all rights and ownership of your Content (or where applicable, you must ensure that you or the Business (as applicable) have a valid license to the Content). We do not claim any ownership rights to your Content.

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

There appear to me to be some potentially thorny legal issues, which probably vary in different countries around the world. I don't know precisely what Adobe is doing, expects to do in the near future, or might possibly do based on these license terms. I don't have any clear answers or major suggestions, but:

* if you're using Lightroom not Lightroom Classic, Adobe is hosting all your photos, and if those photos include (to use Adobe's example) child pornography, can that expose Adobe to criminal and/or civil liability in various countries? If so, what is Adobe required and/or allowed to do to protect itself? In this respect I am sympathetic to what Adobe appears to be trying to do.

* On the other hand, if Adobe is analyzing your edits to train its AI algorithms "for the purposes of operating or improving the Services and Software," then basically Adobe is taking your intellectual content (the edits) and using them for Adobe's gain without paying you or even getting your specific consent. In this respect I am not at all sympathetic to Adobe.

* The sort of behavior Adobe is claiming the right to do is pervasive and increasing. Some countries may make it illegal or place major limitations on it. Some software solutions for it--like the OOSU10 software to prevent or reduce Windows spying on you (https://www.oo-software.com/en/shutup10)--will appear and I think become more widely adopted by users. And some users won't care and go merrily about their lives, being spied on. And make no mistake about it, increasingly our devices and software are basically spying on us, to sell information about us, especially to those who want to advertise to us, but also for other purposes.

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