all Your Content belongs... Adobe.

[twaddler (imported)]

Welcome to Adobe Express beta!

https://www.photoshop.com/express/terms.html

You get 2gb's free hosting space for all your photos! We, however, now own every photo you post. You're welcome.

"8. Use of Your Content.

a. 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 (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."

[jemagirl (imported)]

Yikes!

That is actually one of the most frightening EULA's I have bothered to read in a while.

[Free to be ME (imported)]

Wow nothing like cashing in on peoples work. all the more reason to buy the full version and as areminder if you post on the web WATERMARK your work. As this insures your copyright is intact. Yes folks under copyright law any photo you take is actually automaticly copyrighted to you. Look it up if you don't believe me.

[IbPervert (imported)]

I looked at the new offering, but have not uploaded anything yet...and I dont think i never will!

[IbPervert (imported)]

I know personally a few big time Photoshop Gurus about the EULA, and they had not even heard about the free offer yet! So I was even able to surprise them with the info... something I really enjoyed! I know one personally and another casually, but both live in San Diego. They are going to spread the word...Tanglong you beet them to the punch!

[IbPervert (imported)]

Posted on the Wire Magizines website today

http://blog.wired.com/monkeybites/2008/ ... expre.html

Word is getting around...

---

Photoshop Express: All Your Images Are Belong to Us

By Scott Gilbertson EmailMarch 28, 2008 | 8:19:48 AMCategories: photos, software

adobe6.jpgAdobe recently launched Photoshop Express, the company's new online photo editing and sharing service, but as savvy readers have pointed out, to use Express you need to agree to terms of service that appear to grant Adobe the "

worldwide, royalty-free, nonexclusive, perpetual, irrevocable

" right to do basically whatever it wants with your images.

Obviously those are unacceptable terms for most people, especially given that there are plenty of other free online image editors that don't involve giving any rights to your photos.

While the Photoshop Express TOS is probably the result of a disconnect between Adobe’s lawyers and, well, the real world; until the TOS are changed you might want hold off on uploading any images to Photoshop Express.

John Nack, Adobe’s Senior Product Manager for Photoshop, reports that the Photoshop Express team has responded to questions about the license saying, “we reviewed the terms in context of your comments — and we agree that it currently implies things we would never do with the content.”

The relevant section of the Photoshop Express TOS states:

8 Use of Your Content

. 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 (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.

The response Nack received goes on to say that the Adobe legal team is “making it a priority to post revised terms that are more appropriate for Photoshop Express users.”

We certainly hope that the legal team makes that a top priority since without a more acceptable TOS, Photoshop Express is going to be dead in the water.

[artisticlicense (imported)]

8 Use of Your Content

. 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 (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.

Adobe does not claim ownership of Your Content.

All the shops do this. Adobe knows they have to garner public trust to survive. But they have lawyers.

However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services,...

Notice the words "publicly accessible".

...

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 (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.

Now that's just wordy.

If they meant that there is no way in the world to protect your submissions from plunder, they should have simply said that. I agree, it really looks like Adobe wants to be able to do what they will, with no recourse to the poster.

Anything you send off into the ether is just gone. There are few laws that govern the Internet, and say what you want, no "Copyright", "Watermark", or signature is going to stop someone, if they want to do something with your 'work'. If pictures are to be protected, post them on on your own site, processed with your own programs, and 'code' them out of unwanted Copying and manipulation. (Ever been to a porn site and tried to copy a pretty picture?) :-\

We had something similar to this scenario with HP photshare 'ware' at work but don't allow it's use any longer. Everything is processed at home base, sent in secure packets, and protected by the website.

Look up the FAQs on sharing sites like HP, Yahoo, Google (communities), Youtube etc., and you will find similar cautions about posting what you would expect to be kept private. None are worded like the above statements though. I caution people about Google and Yahoo every day. They'll take your stuff and keep it forever, but don't tell you they'll automatically get sublicense to profit off it, if they want to. They have a record of everything ever sent through their servers, and it's not protected from 'accidental dissimination',...( another forum / topic).

Todays younger PC users have blinders on to the real world. It's getting to be a 'connected world' that isn't sinister. They spend so much time in front of the 'machine', they forget that there is bad and good to the 'net'. When their privacy is squandered, they complain. Ergo, the wordy statements.

I hope Adobe gets their words right. I'd hate to think they fell in line with Yahoo and Google about "public" privacy.

[mrt (imported)]

Join the revolution and refuse to use tools with these crazy lawyer powered insano-grams.

Gimp is a good tool for editing photos and there is none of this Hitler-esc crap attached to it.

[IbPervert (imported)]

Adobe issued the following statement about the Photoshop Express Beta in there forum....

"Statement for Terms of Service Issues:

We've heard your concerns about the terms of service for Photoshop Express beta. W

e reviewed the terms in context of your comments - and we agree that it currently implies things we would never do with the content.

Therefore, our legal team is

making it a priority to post revised terms that are more appropriate for Photoshop Express users.

We will alert you once we have posted new terms.

Thank you for your feedback on Photoshop Express beta and we appreciate your input.

-Adobe Photoshop Express Team

Edited: 03/27/2008 at 03:32:30 PM by Chad Baker"