A few minutes ago, a publicist for Adobe, Anne Yeh, e-mailed me to say that the company has revised the terms of service for Photoshop Express, the subject of this week's column. Instead of the open-ended claims on users' content that the old agreement made, the new legalese is much more specific about what rights Adobe claims and why it requests them:
Adobe does not claim ownership of Your Content. However, we do need certain rights from you, with respect to Your Content, in order to operate the Service and in order to enable you to do all the things this Service affords you the ability to do. Therefore, with respect to Your Content, you grant Adobe a worldwide (because the internet is global), royalty-free (meaning we do not owe you any money), nonexclusive (meaning you are free to license Your Content to others) fully sublicensable (so that we can permit our affiliates, subcontractors and agents to deliver the Service on our behalf) license to use, reproduce and modify Your Content solely for the purposes of operating the Service and enabling your use of the Service. With respect to Your Shared Content, you additionally grant Adobe the rights to distribute, publicly perform and publicly display Your Shared Content (in whole or in part) for the sole purposes of operating the Service and enabling your use of the Service and to sublicense Your Shared Content to Other Users subject to the limitations of Section 7 below. These limited licenses do not grant Adobe the right to sell or otherwise license Your Content or Your Shared Content on a stand alone basis. Further, you may terminate Adobe's right to distribute, publicly perform and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Adobe's rights by removing Your Content from the Service.
Yeh's e-mail included a shorter version of that paragraph:
Adobe has retained only those limited rights that allow us to operate the service and to enable you to do all the things the service offers. If you decide to terminate your Photoshop Express account, Adobe's rights also will be terminated. Adobe doesn't claim ownership of your content and won't sell your images.
I like that phrasing even better! But maybe that's just the editor in me talking.
This may be an awkward question, but please be honest: Do you normally read these user agreements to check for the kind of excessive claims Adobe made the first time around?
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